Your Legal Brief!

We're SORRY! A CRASH in our system caused you inconvenience, lets have a cocktail to burry the Hatchet!

It’s been brought to my attention that a glitch in our database over the holiday weekend has caused our Happy Hour invitation to be sent out to a number of you multiple times. Please be assured that I do not practice the habit of spamming my friends, family, clients or associates (not even enemies, if I've forgotten to delete from my database in the first place) and truly apologize for the inconvenience that this may have caused many of you. I have taken the liberty of personally deleting the invitation from the mail system and the post in its entirety so this problem should not continue to exist.

As much as I’d like all of the thousands of invitees to come down to join us for our live show….we just don’t have enough room, however if I haven’t frightened or angered you away, I still wish to get in this shameless plug, you can  still listen in to the Happy Hour show every Tuesday from 4pm-5pm and  the Legal Brief with me, Judge Miller on Fridays from 12noon-1pm on KLAVAM1230, if you’re not in the Nevada area, you can listen live online at www.KLAVAM1230.com or streaming live at VegasAllNetRadio.com.

-OR-

Of course, as usual, just give me a call or email, say hello, get a designated driver and JOIN ME FOR COCKTAILS. I'm buying!

 

Disclaimer: All statements made in this posting shall not be construed as legal advice, all statements are the opinion of the author and no statement made in reference to buying all you freeloaders who take the author up on a purely entertaining offer to buy your cocktails are true.

Another Letter to Congress....ROUND TWO

Dear Members of Congress,

I cannot understand why unemployment is so much higher among Black Americans than it is among White Americans. A recent article in the Washington Post highlights this problem and I encourage you to both read the article and work towards a solution -- namely, cutting green card numbers in half as recommended by the Barbara Jordan Commission.

In his December 13 column "The overlooked plight of young black males," Michael Gerson wrote that African Americans did not benefit from the jobs boom in the 1990s the way non-blacks did. Barbara Jordan and her bipartisan commission on immigration reform must have been conscious of this when they recommended reductions in immigration during the Clinton administration.

The U.S. added an average of 977,540 permanent immigrant workers per year during the 1990s. These new workers gave employers an alternative to recruiting black workers.

The percentage of Blacks in the middle class grew from 22 percent in 1940 to 71 percent in 1970 when immigration averaged only 181,725 per year. These gains were largely undercut when Congress started quadrupling immigration numbers in the 1970s.

Congress should revisit the Jordan Commission recommendations to immediately reduce immigration and open up opportunities for African Americans.

Sincerely,

M. Joseph Miller II

Negotiating.......for More Children?

Negotiating for More Children

Deciding how many children to have should be discussed with your partner ahead of time, but sometimes opinions can change based on how difficult a pregnancy is or whether one spouse is still longing for a boy or a girl. If you find yourself at odds about whether to have another baby, Dr. Phil has advice:

If your spouse wants to keep trying because he/she longs for a child of a different sex:

Remember that each birth is an individual event and your chance of having a baby that is the sex of your choice is only 50/50. If you have two girls, that in no way increases your chances of having a boy next time.

Remember that you don't love the children you have any less because they are not of differing sexes.

Try to meet your needs for a son/daughter in some other way. For example, get involved with a local little league or Brownie troupe, even if your child is not a part of it.

If your spouse doesn't want any more children because of how difficult a pregnancy was:

Argue her side for a minute. Put yourself in her shoes and try to see why she doesn't want any more children.

Acknowledge what you don't know. You may be greatly underestimating what the pregnancy was like for her. Pregnancy can have a taxing effect on a woman biologically, constitutionally and physically. It is very painful, and for some, very debilitating, with biochemical changes that can bring on anxiety attacks and postpartum depression.

Ask yourself if it is fair to ask her to go through that again. She may not be a good candidate for pregnancy at this time.

It may also not be fair to ask your husband to have a vasectomy at this point. Don't burn bridges yet if there is a chance that your desires may change in the future.

If you are hesitating on having another child because you're afraid it will shortchange the love you have for your current child:

Understand that you don't divide the amount of love you have to give by the number of children you have. You draw your love for them from different accounts, and you never run out.

SEX & MONEY PRESS RELEASE

KLAV AM 1230 The Talk Of Las Vegas Radio’s SEX & MONEY Show

Announces New Show

“THE LEGAL BRIEF” w/ Host: M. Joseph Miller II

Offering something that no other Las Vegas Radio Station can!

THE LEGAL EAGLE, M. JOSEPH MILLER II.

Las Vegas, NV -http://www.klav1230am.com/Shows/Sex-and-Money.html announced today that M. Joseph Miller II. has been signed to host the new “Legal Brief” show on KLAV AM 1230’s SEX & MONEY SHOW Each Wednesday from 12Noon to 1pm to further develop their growing portfolio of entertainment programming and national accounts.  M. Joseph Miller II. comes with a wealth of experience within the Industry, having spent the last nineteen years in the business, political, legal, fashion and entertainment arena with both the Clark County and Beverly Hills Bar Associations, and his own company, M & A Legal Management where Mr. Miller II, dubbed “The Legal Eagle” was instrumental in working with numerous government officials, attorneys, businesses and celebrities assisting with corporate structure, acquiring and managing numerous large accounts. Joining in advance of the launch of the SEX & MONEY’s new show, Mr. Miller II will continue his success.

 Mr. Miller II joins The SEX & MONEY show as the host of the “LEGAL BRIEF” holding discussions in a provocative and in your face manner about the law of the land and providing business services to the Las Vegas Valley radio audience and the international http://vegasallnetradio.com/Shows/Sex-and-Money.html audience. Mr. Miller II. comments “I am excited to start a new challenge within Broadcasting at The SEX & MONEY show’s LEGAL BRIEF and look forward to providing the listeners top rated entertainment and solutions to their business, legal and entertainment issues...I will be getting a little naughty and into their briefs! I am fortunate to be joining such a respected station that prides itself on top quality service.”

Len Connell, Producer and Host of Sex & Money Show said “The team is eager to have [Miller] with [the SEX & MONEY show]”

About the SEX & MONEY show

The Sex and Money Show Stars Len Connell and Dr. Maurice Gregory....also known as Dr. G....We are joined on the air by the spectacular and glamorous ….Booth Babes....who provide our real time traffic reports during the show.

The Sex and Money Show is the Las Vegas Cure for Geritol Radio.  We are not a mundane infomercial. We take on cutting edge subjects, have interesting guests and timely topics.  Las Vegas is a Sex and Money Town, so stories concerning the money, power, politics, crime, glamor and sex appeal of  Spectacular Las Vegas, 

Nevada, are fair game.  Previous guests come from all walks of life and have ranged from Air Force Amy and Sunset Thomas, stars of the HBO Cathouse Series...to former owner of the Dunes Hotel and the last person to speak to the late Jimmy Hoffa before his disappearance, Arthur Schenker, to Notable Nevadan and Former 

Lieutenant Governor, Lorraine Hunt Bono

 Photos/Multimedia Gallery Available: http://www.klav1230am.com/Shows/Sex-and-Money.html

 Contact an Executive Producer

 KLAV1230AM.com

702-796-1230

HAPPY MEMORIAL DAY

A Memorial Day Observance Speech

by Johnny Q. Gogue III

Miller on a Smoke Break

Memorial Day – For most it is a three-day weekend, filled with bar-b-que’s and picnics . . . A time to get away from the normal humdrum of the week. For other’s it’s the beginning of summer, a time to look towards the long lazy days and a time to plan your summer get-a-ways. Though for some, Memorial Day holds a special significance.

On May 5, 1868, an order issued by General John Logan established a day of remembrance for those soldiers who died during the Civil War. May 30, 1868, was the day designated for this observance and flowers were placed on the graves of the fallen 

soldiers of both the Union and Confederate Armies. New York was the first state to officially recognize this observance in 1873 and in 1971 with the passage of the National Holiday Act; Memorial Day was designated as the last Monday of May.

Now for many of us, the Civil War, the Spanish-American War, WWI, WWII, and the Korean War are ancient history. The Vietnam War a fading memory. But with the recent Operations Desert Storm, Enduring Freedom, and Iraqi Freedom we, the American people have once again been thrust into a position of remembering those who are fighting and dying today.

I, like my grandfathers, father, uncles and aunt before me, am a veteran. I am and was proud of serving in the Armed Forces. I served in the Army from 1985 to 1994. I was in Operation Desert Storm/Shield. I know what Memorial Day is about.

I have two brothers who are currently serving. One brother is serving in the Navy in Italy. My youngest brother, who is currently serving in the Army, is right now in Iraq supporting and defending his fellow soldiers. I know what Memorial Day is about.

Memorial Day for all soldiers is embodied in the words of the oath that you first take when you enlist into the service of the country:

I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATES AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC; THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE SAME; AND THAT I WILL OBEY THE ORDERS OF THE PRESIDENT OF THE UNITED STATES AND THE ORDERS OF THE OFFICERS APPOINTED OVER ME, ACCORDING TO REGULATIONS AND THE UNIFORM CODE OF MILITARY JUSTICE. SO HELP ME GOD.

This oath taken by each and every soldier exemplifies the reason why soldiers do what they do each and every day. Soldiers are defenders of the same principles that made this country great. They stand as Patriots to defend and protect the ideals and sentiments espoused in the Constitution of the United States. Soldiers bear true faith and allegiance to that document and they work, and live, within the Codes of Military Justice. Soldiers also obey the orders of the President of the United States and the Officers appointed over them. These truths are self evident in the everyday lives of soldiers.

Now, as we see our fellow citizens arrive back from a foreign land, we should not forget those words that each and every soldier spoke upon enlistment. Because when we look upon a returning soldier from conflict, a disabled veteran, or a grave marker – those words should ring in your conscience.

Miller cleaning M203 Grenade Launcher

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic . . . streaming from the eyes of the returning soldier. That I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the Officers appointed over me . . . sounding from the stumbling gait of the disabled veteran. According to regulations and the Uniform Code of Military Justice. So help me God . . . blasting from the cold stone face of a grave marker.

Remember those that gave their lives, so that we may continue to live in freedom as spelled out in the Constitution of the United States and the Declaration of Independence . . . Lest we forget.

Stricter immigration rules for foreigners staying in China

On 1 July 2013, a new Exit and Entry Administration Law will become effective, implementing a stricter immigration administration system, increasing punishment for offenders, and facilitating the influx of talented migrants into China. 

In this China Law Special, Robert Mooijekind addresses the main amendments this new law will make to the current rules governing foreigners staying in China. 

Introduction

On 30 June 2012, the National People’s Congress (“NPC”) Standing Committee approved the Exit and Entry Administration Law. The law will take effect on 1 July 2013. It combines the immigration rules for Chinese and foreign nationals in one law and replaces the two existing separate laws from 1986.

The reasons for introducing this new law are various. According to Yang Huanning, Vice-minister of Public Security in a report to the NPC in April 2012, China has since 2000 seen a growth of 10 percent annually in the number of foreigners visiting China. Not only has China become a popular tourist destination in recent years, its continuing economic growth also attracts economic immigration. The current set of immigration rules is considered to be outdated and unfit to deal effectively with these growing numbers of visitors. Also, foreigners are now working and living all over China and many do not hold the appropriate documentation. These are issues the Chinese government aims to change by implementing this new law.

Stricter administration of foreigners staying in China

The Exit and Entry Administration Law will implement rules which will further intensify the administration of foreigners entering and staying in China.

Information sharing between government ministries will be increased. Currently, visas are issued by the Ministry of Foreign Affairs and the Ministry of Public Security is responsible for residence permits. However, files of foreigners applying for a visa or a residence permit are also kept by other ministries, such as the Ministry of Commerce or Education, depending on the aim of their visit. As this complicates the enforcement of visa and residence permit regulations, a system will be established to accommodate information sharing.

In addition, foreigners applying for a residence permit will be required to provide their fingerprints and other biometric data to the Public Security Bureau handling their request. Foreigners currently residing in China, who have already obtained a residence permit, will likely be requested to provide this biometric data. The details of this however, still need to be further arranged in lower legislation.

Also, a guidance list will be introduced that sets out desired qualifications of a foreigner working in China. The list will likely have some resemblance to the Foreign Investment Catalogue, which regulates the influx of foreign direct investment in China. It will take into account economic and social development needs, as well as supply and demand for human resources. Even though it is yet unclear what the exact effects of this list will be, it is likely that employment of foreigners in some sectors of the Chinese economy may as a result be (further) restricted or encouraged.

Further, the Public Security Bureau and National Security Department will be given the power to restrict foreigners and foreign institutions from establishing residences or workplaces in certain locations. These restrictions can be implemented for reasons of public safety and national security. This can potentially have far reaching effects on the possibilities for foreigners to establish home or office in regions of China considered to be unstable by the Chinese government, such as the autonomous region of Tibet or Xin Jiang province.

Finally, prevention of illegal employment, work and residence will also be strengthened by increased reporting requirements for companies or institutions, such as universities, employing or servicing to foreigners. Citizens are also encouraged to report in case they suspect a foreigner to work or stay illegally in China.

Higher penalties for offenders and new penalties for employers

The new set of immigration rules will also implement harsher punishments in case of offences. These punishments can be imposed by either an official from the Public Security Bureau or immigration (Exit-Entry Frontier Inspection).

The existing penalties will be increased. If a foreigner is found to be residing in China illegally, that is without a valid visa or residence permit, first a warning will be given. In case of “serious circumstances” a fine of 500 RMB per day will be imposed with a maximum of 10,000 RMB (5,000 RMB under the old law) or he could be detained for 5 to 15 days (3 to 10 days under the old law). The fine for working in China without the required work or business visa or exceeding its scope will be increased from a maximum of 1,000 RMB to an amount of 5,000 to 20,000 RMB. In case of “serious circumstances” this could also entail detention of 5 to 15 days. If China’s laws and regulations are seriously violated, the offender may even be deported and not allowed to enter the country again for 10 years.

A new feature of the law is that institutions or companies that issue a certificate or invitation letter will be held responsible if it turns out the issued document is fake. The penalty is a fine of 5,000 RMB and a full compensation of the costs of an illegal employee’s deportation. If the employer aids foreigners to enter or reside in China illegally and makes profits as a result, these profits will be confiscated.

But also: Visa and Residence Permit for high-flyers

The new Exit and Entry Administration Law will introduce a new visa category for talented foreigners. Talented foreigners and selected investors will also be eligible for a residence permit. The details of these new grounds for the issuance of a visa or residence permit however still need to be further detailed in coming legislation.

Conclusion

The new Exit and Entry Administration Law introduces a stricter immigration administration system and implements a harsher sanction regime for offenders of immigration rules. Even though the exact consequences of this new set of rules will only become apparent after the rules come into force on 1 July 2013, we expect that most foreigners and (foreign) businesses in China will be affected. It will become even more important to ensure compliance with immigration rules. 

Robert Mooijekind