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LAW AND SOCIETY

 ​In this section we write about law as a social institution and as a feature of
​
​popular culture.  We explore how law affects our lives and those around us.

A New Year's Resolution: Stay Out Court in 2021

12/27/2016

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​Millions of Lawsuits, Billions of Dollars
As we settle into this new year, numbers are falling down around our heads again. 2020 has been kicked aside. We've somewhat avoided the fiscal cliff; now we'll be jumping up against the debt ceiling. Added to all that are the numbers telling us that more than 15 million lawsuits will be filed in our state courts as this new year begins to grow old. People will sue and our courts will once again be flooded with the tides of human conflict. Ours is a nation and a society that seems to thrive on conflicts and animosity. As a result, Americans will spend record-breaking billions on legal fees and court costs during the year 2021.

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​Courts Become Weapons of Vengeance
Vengeance sometimes gets the best of us. No one is immune to anger. Humans are emotional beings and when we get offended, we tend to lash out. Anger is a destructive emotion. Lawsuits are triggered by anger. When we get pissed, we sue. We use the courts and legal system to vent our anger. There are even those whose sole mission in life seems to be destroying others. This mindset will continue to wreak havoc on our lives and on our society. The good news: With a New Year, we can resolve to change, to have a new attitude about the way our lives are spent.

Making the Right Choices
One of the most powerful realizations in life is the fact that we have choices regarding how we feel. We do not have to react in a specific way to any given event or situation. When a reckless driver cuts us off, we have the power to let it go. We have the choice to not get angry, ensuring that we arrive safely at our destinations. If a customer becomes unreasonable or disruptive, we can choose to remain calm and collected, ensuring more business in the future. When our spouses or significant others start an argument, we can choose a positive response. Many disputes can usually be negotiated and settled without having to set foot in court. Cooler heads can prevail. Really, it's not that hard. 
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​Tolerance, Kindness, Serenity Should Accompany Any Age
As the years pass, where do we want our minds to be? The practice of tolerance does require some discipline. Our hopes should embrace the serenity brought about by tolerance and kindness. Road rage at age 70, or any age, is a ridiculous sight. With serenity is how elders should live; cultivating serenity at any age is worth doing. With tolerance and kindness, we can move away from being a litigious society. Imagine how many billions we can save in attorney fees and court costs by simply letting go of the trivial. Aren't there other more needy venues to which our nation should funnel all that treasure, all that time?

​Physical Health and Mental Health
Just the mention of a lawsuit puts stress on a body. Stress has been linked to cancer, heart disease, and even the common cold. Put in some meditation or prayer time on a daily basis. To treat stress or depression, I understand that exercise, even just a daily brisk walk, does better than any expensive pill concoction dreamed up by giant pharmaceutical manufacturers. Combine your stress management and exercise needs with tai chi, yoga, or similar regimens. Diets high in sugars or carbohydrates can actually cause stress or depression. Don't wind up in a courtroom just because you have a poor diet or don't exercise. That's not the way you want to live; is it?
 
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​Professional Curse
As a lawyer, of course I make money from conflict, but at least I can help prevent high-noon shoot-outs in the public square. Yes, without conflict, I’d be out of a job. The curse of this profession is obvious. Animosity and intolerance drive the legal system and keep lawyers employed. But I see what we can become as a people if we choose to be more understanding and less confrontational. I see how we can evolve and tolerate diversity. And I can see the innate goodness in others. I also see how we can elevate and challenge ourselves to become better than last year.
Not Trite, Very True
Let’s start fresh this New Year. Let’s resolve to become better than we are. Many time-worn resolutions crop up this time each year, so many and so often repeated that they even seem trite. But, they are time-worn because they have proven to be true down through the ages. We can’t get rid of conflicts; anger has always been a part of the human experience; but we can remember that we have a choice. We can choose to improve or we can choose to stay basically the same. If staying basically the same made you happy last year, so be it. But if you can imagine a better self, a better society, then resolve to change. If a massive change should happen in our society, I'd gladly give up my job. Perhaps I could teach. 
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A Christmas Wish For Jimmy

12/25/2016

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​Everyone has a Christmas wish. In my homeland the Philippines, many people wish to escape the tenacious grasp of poverty, especially once the Christmas celebration begins in September. For many people hindered by poverty and despair, each Christmas season heightens and renews their longing for the day when they will finally lead a better life. My folks often include this wish for prosperity in their Christmas prayer. 
However, for many people in my former neighborhood in the Philippines, the slum, dirt, and scarcity they are familiar with is their everyday reality and no amount of yearning can change that. I recently reflected on this unfortunate truth when an email arrived from a potential client from the Philippines. I'll call him Jimmy. In response to our law firm’s ad on immigration services, Jimmy responded with an email that sarcastically asked, "Why go to America when it's so difficult to get there? Why even try?" My sense from Jimmy's email was that he was perturbed our ad was disseminating false hopes of immigrating to America.
The Difficulties of Immigration
Jimmy may be wondering why advertise immigration services when the chances of getting a US visa is slim. And he's right – obtaining a visa to come to the U. S. is not a cake walk. I know this first hand. During a discussion with a consular officer in Manila several years ago, the officer revealed that the denial rate of tourist visas is up to 70%, because of the overwhelming number of non-immigrants who don’t leave the US when they are supposed to. The estimated number of undocumented immigrants in the United States is now over 11 million. Many of these immigrants were suppose to return, but don’t. Instead, they choose to stay in the U. S. and become illegal immigrants.
“Why Even Try?”
I’ve realized that around this time of year, frustration and even depression can set in for people struggling with poverty. Jimmy's email reflects this same desperation, though I'm intrigued by his question of "why even try?” Does he ask why because he doesn't think he has a chance? Or is it just a fear of failure? A fear of uncertainty? Or maybe Jimmy is one of those people who simply believes that their condition in life is their destiny. And why fight fate? 
Our ad offers a free consultation for anyone interested in immigrating to the US. Naturally, I hoped that people would at least consider a free consultation and we do get inquiries. But Jimmy's email resonates with me because it speaks to the feebleness of the human spirit. We know that the grass is greener on the other side, but out of fear, complacency, or uncertainty, many people refuse to take a peek at the greener grass. For people like Jimmy who have grown accustomed to poverty and hardship, there is no other life but the one they have now. One wonders, how do you begin to break out of poverty if you can't even imagine a life of prosperity?
Poverty in the Philippines
The Philippines is a developing country where almost a third of the population lives below the poverty line. There are many areas in the country where the living conditions are unbearable: many families lack adequate water, housing, and sanitation. One such place is called the "Smokey Mountain," located north of Manila. It's named that because the “Smokey Mountain” is actually a mountain of garbage that emits smoke due to toxic chemical reactions in the garbage. There was a time when about 30,000 people lived there - over 7000 families. Every day, garbage trucks dump their trash and many people, including children, pick through the garbage for recyclables, junk, plastics, collectibles, and anything else they can sell. Unfortunately, my homeland is riddled with scenes like this one.
Some psychologists or self-development guru may label Jimmy’s sentiment – “Why even try?” – as the "scarcity mindset:” when a person internalizes their life's condition and makes it a part of who they are. If you are living in poverty, you begin to see yourself as poor and helpless and you lose the motivation to lift a finger to help yourself. Your world out there is internalized. It becomes you. This mindset is prevalent in my country and even, I would guess, in other parts of the world. The government and its leaders contribute to this problem.
A Tradition of Corruption
In the Philippines, we have chronic graft and corruption in the government. We keep electing politicians who continually rob the country's treasury. We vote political family dynasties into office only to see repeated abuses of power. For instance, the president of the Philippines from 1965 to 1986 was a brutal dictator named Ferdinand Marcos who was accused of looting the Philippine treasury of billions of dollars. For years, he ruled with an iron hand, executing those that opposed him and causing great harm to many families. Recently, his son Ferdinand Jr., referred to as Bongbong, was almost elected Vice President, despite the many accounts that he knew and participated in his father's abuse of power.
But Bongbong and his father aren’t the only corrupt politicians in the Philippines. In 1998, we voted for an actor named Joseph Estrada as President; later, he was found guilty of plunder and corruption and sent to prison. However, Estrada now serves as Mayor of Manila. In 2001 when Estrada was ousted, we voted a politician named Gloria Macapagal-Arroyo to replace him as President. She too was charged with corruption after leaving office and has been detained for years. 
Perhaps the Philippines continues to struggle because, when you surrender to fate, you lose the motivation to improve your life. We fail to learn from history because, like Jimmy says, "why even try?" And now the Philippines has elected President Duterte who is being accused of endorsing the killings of thousands of suspected drug addicts and traffickers. The latest count of extrajudicial killings brings the total to over 5000 deaths.
Christmas Message of Hope
In the Philippines, a nation with close to 80 million devout Catholics, Christmas is the biggest holiday of the year and celebrating Christmas should mean inspiration, hope, change, and improvement. Christmas tells us that life is not stagnant: it is full of hope. Contrary to what Jimmy believes, we should at least give ourselves a chance to improve our lives. Though there are things beyond our control – like being born into poverty – poverty is not in us. So my Christmas wish is for Jimmy to give us a call and let me explain how it is possible to immigrate to America.
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