British Embassy Wall Collaspe Deaths to be granted mere £3,000

Its an irony, how British Embassy has undermined the customary compensatory damages and tort laws and is trying to compensate the families of the deceased a mere “3200 Pounds” compensation.

Per www.accident-claim-expert.co.uk, under British Fatal Accident Act 1976 “close relatives can claim a bereavement payment – the pain and suffering for the loss of a close family member. This is a fixed sum of money and is divided amongst those entitled to claim it. As from the beginning of 2009 the amount is £11 800. You are entitled to claim bereavement damages if you are the wife, husband or civil partner of the deceased. If the deceased was a minor (under the age of 18 years) – you can only claim if you are a parent of the deceased and if the deceased was an illegitimate child you can only claim if you are the mother.”

Likewise, www.camplaw.co.uk ran headlines in June 2009 as “£30,000 fine for company in tragic wall collapse death accident”.

Similarly, per www.levenes.co.uk, in November 2008 “Yorkshire construction firm Illson has been ordered to pay £6,800 after one of its workers sustained serious back injuries when he fell more than three metres from a terrace retaining wall on a construction site in Leeds” and that “A building contractor has been fined £7,000 after a worker broke his back when a wall fell on him at a construction site in east London.”

Furthermore, on February 22, 2011 in an incident similar to Nepal involving a government authority and its negligence to adequately inspect, repair and avoid personal as well as public injuries, www.the-claim-solicitors.co.uk made it public that “Parents, whose toddler was crushed to death when a brick wall collapsed in high winds, may now claim compensation from Camden Council in London since its negligence has been found responsible for the fatal personal injury.” It further states that, “The council-owned boundary wall around a housing estate was only half a brick wide and it had been built in the 1970s. Cracks were found in the structure in 1997 and repairs had been made, but these were not carried out correctly. The London Borough of Camden, last year, initially denied it had failed in its health and safety duties but changed its plea in October 2010 to guilty, although saying it had done all that was reasonably practical to ensure the safety of the wall. However, Judge Deborah Taylor found the council’s inspection systems were “wholly inadequate” and that it had been responsible for suitable repairs being completed. The council was fined a total of £72,000 and ordered to pay £65,000 prosecution costs for the offences. The victim’s parents, who may consult a no win no fee solicitor regarding a damages payment, praised the persistent work of Health and Safety Executive inspectors in establishing liability for the personal injury accident.”

As the Embassy of United Kingdom, falls under the similar category of a Government Council, this is a dismay, disregards to the rule of law, equity and equality by the founders of common law. It is clear that the British Government is trying to avoid further liabilities and disregard the customary compensatory tort laws, applicable to the diplomats under the International Law.

The government should immediately demand that a just compensation be made to the grieved families as a just bereavement payment in the similar amount as imposed on Camden Council in London in 2011.

For the People, By the People, From the People; WTF are the politicians doing here?

May 28, 2011 – The Judgement Day!

Yes, you read it right! Its true for our beloved Nepal.

With less than 12 hours remaining, either to unconstitutionally extend the Constituent Assembly’s term by Midnight May 28, 2011, yet again surpassing the peoples mandate given to the 601 CA members back in 2008 to promulgate a constutition; Rule of Law in Nepal is yet again stuck in a political limbo.

Jurisprudence classes had defined Law and Politics to be intertwined and dependent on each other. Law for Politics or Politics for Law was the debate in our law classes back in 2002 during LLM. I always opined on favor of the Law, as the supreme document of the land, that straightens out the political, economic and social processes.

Nepal has a troublent history in terms of legal development. First, though the nation’s DNA can be traced back as early as 5-6000 years old based on epic Hindu manuscripts; we did not have a written law until 1800s. Well there were Royal decrees before that. A Malla Dynasty king announced a set of laws about 5 centuries ago, as Human Justice Science (manav nyaya shastra); followed by another Shah Dynasty King about 4 centuries back, promulgating The 26 Commandmants. Then came his descendant, a powerful Shah king, who united Nepal into 3 times its todays size, until being curtailed by the British Empire in 1800s, after the historical Anglo-Gurkha War, which the English were defeated! Yes! They were defeated from colonizing Nepal! This King, pronounced few more oral rules. It was only in 1860′s, the Powerful Rana Dynasty Coup-De-Tat Prime Minister, became the first Nepalese ever to have set his foot in the “Outer World” – Europe. Legend has it, he met Nepolean, who had issued Nepolean Code, and then he met The Queen of England and learned Lawmaking process and then he returned with a group of Indian law drafters in his palace. The Shah King was behind bars under his supervision. In 1863, the First Written Code was released, majorly based on the Hindu caste hierarchy and rules he wanted to impose, such as curtailing civil, political, economic, cultural and social rights. In 1950, the Rana dynasty was overthrown with India’s support and the Shah King resumed power.

Then started a political-legal roller coaster!!!

Between 1950 and 2011, there has been 6 forms of governments: Rana’s Oligarchy followed by Constitutional Monarchy in 1951, replaced by Anarchy after failure of Multiparty Democracy for 10 years, establishing a 30 year Autocratic Absolute Monarchy until 1990, upgraded to Constitutional Democratic Monarchy until 2001 Royal Massacre of the most popular Shah King, continued by both active and inactive Coup-de-tat of another Shah King from 2002 to 2006; overthrown by a consensus between Armed Maoists, Democrats and Communists in 2006 to promulgate a new constitution and then conduct a Parliamentary election; which of course has not happened till date.

An amazing thing throughout this spaghetti political drama; is that, the Judiciary has remained intact, untouched, except for few organizational changes within. At times, there have been no executive, no legislative and the nation runs on the sole decisions of the Supreme Court, where there is a political question. The Apex court has, revived overthrown governments, sacked governments, ordered governments, questioned governments and when the government fails to fulfill its obligations, theres no option for the Apex court, but to watch, wait and see for yet another Writ of Mandamus requiring Amicus Curie, to define the geo-political scenario of Nepal and pave a middle way out between the conflicting parties.

Last week, the Supreme Court once again decided, criticising its own previous verdict allowing an extension of the Constitution Assembly for 6 months, as unconstitutional, as the Interim Constitution only mandates 1 ONE Single Uno ‘Ek’ extension for 6 months only.

The irony is, the 601 Daily Allowance receiving, 2012 Model Automobile enjoying, misusers of the diplomatic passports, victims of literal public slaps, contract killer hirers, who do not deserve to be termed as “chosen by the popular will”; are still engaged in yet another drama; the drama of quitely renewing the CA term, while Kathmandu sleeps, around midnight, like they did the last time. The diplomats, like always, issue a joint statement, using, copy and paste terms such as ‘denouncing’, ‘saddening’, ‘peace’ etc. The people watch aloof, caught between any-time reinstigating armed terrorism of the Maoists, who refuse to surrender arms, even when they hold the Home and Defense Office! Oh yes! and there are fishermen, who always fish in the troubled waters, trying to revive the legendary ‘Chhepu-The Lochness Monster’ of Nepal, from the waters.

For the People, By the People, From the People; WTF are the politicians doing here?

Burial Rights Dispute

A week after a Nepali Christian fraternity demanded burial rights and threatened to agitate, a non-Christian ethnic group on Monday demanded burial rights followed by a strong protest in Kathmandu.

Kiratis have become the latest victim of the government directive denying burials of Christians and Kiratis near the Pashupatinath temple where many of their ancestors and family members are interred.. The Nepali government has failed to provide them alternative burial sites.

http://mideast.beforeitsnews.com/story/386/952/Burial_rights_spark_protest_in_Nepal,_law_makers_arrested.html

CJ against formation of a Constitution Court

Chief Justice Ram Prasad Shrestha has said the provision of two courts at federal level would invite problems and delay justice to people

See: http://www.nepalnews.com/archive/2011/mar/mar15/news01.php

Is there a way to watch Nepal v. Afganistan ACC U19 Match Live?

Any suggestions or leads would be highly appreciated. Go Nepal!!!

CANCELLATION OF REMOVAL – While in Deportation/Removal Proceedings for both Permanent Residents and Nonimmigrants

§§ 244(a), 212(c) of the Immigration and Nationality Act of 1952 (“Act”), Pub. L. No. 82-414, 66 Stat. 163,
8 U.S.C. § 1254e.
Exclusion: § 236, of the Act, 8 U.S.C. § 1226
Removal: §§ 240A(a), (b), 8 U.S.C. § 1230A(a), (b)

See: http://www.justice.gov/eoir/eoirforms/eoir42b.pdf for the instructions and forms. Please seek competent legal representation.

Two types of Cancellation of Removal that available to an alien in removal proceedings.

• Section A; for Lawful Permanent Residents: In order to request this type of cancellation of removal, an alien must demonstrate: (1) he has been an alien lawfully admitted for permanent residence status for not less than five (5) years; (2) he has resided in the United States continuously for seven (7) yeras after having been admitted in any status; (3) he has not been convicted of an “aggravated felony” as defined by the Immigration laws (See section 101(a)(43) of the Act.) [e.g., regardless of how the State Court characterized the offense, such as non-dangerous or non-aggravated, an offense may still be designated as an "aggravated felony" under Federal immigration law.
• Section B; for non-permanent resident aliens (undocumented, nonimmigrants, etc.): In order for an alien to request this type of cancellation of removal, an alien must demonstrate: (1) he has been physically present in the United States for ten (10) years preceding the date of the request; (2) he has been a person of good moral character during those ten (10) years (e.g., no criminal/immigration record); (3) he has not been convicted of an offense as described under §§ 212(a)(2) [controlled substance violations, crimes involving moral turpitude], 237(a)(2) [deportable criminal offenses], 237(a)(3) [documentary fraud]; (4) that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child who is a citizen of the United States or a lawful permanent resident.
• An application for Cancellation of Removal under § 240A(a) must be made on Form EOIR-42A.
• An application for Cancellation of Removal under § 240A(b) must be made on Form EOIR-42B.
• Both applications require a filing fee of $100 to be paid to the U.S. INS.
• Additionally, applicants must pay a $25 fingerprinting fee to the U.S. INS.
• Both types of applications should be submitted with a Biographic Information Form, Form G-325A and supporting documentation and exhibits to demonstrate eligibility for the requested relief.

Department of Labor Releases List of Slave-Made Goods

Product Countries

Bamboo Burma

Beans (green, soy, yellow) Burma Brazil

Nuts/Chestnuts Bolivia

Bricks Burma, China, India, Nepal, Pakistan

Carpets Nepal, Pakistan

Charcoal Brazil

Coal Pakistan

Coca (stimulant plant) Colombia

Cocoa Cote d’Ivoire, Nigeria

Coffee Cote d’Ivoire

Cotton Benin, Burkina Faso, China, Tajikistan, Uzbekistan

Cottonseed (hybrid) India

Diamonds Sierra Leone

Electronics China

Embroidered Textiles (zari) India, Nepal

Garments Argentina, India, Thailand

Gold Burkina Faso

Granite Nigeria

Gravel (crushed stones) Nigeria

Pornography Russia

Rice Burma, India, Mali

Rubber Burma

Shrimp Thailand

Stones India, Nepal

Sugarcane Bolivia, Burma

Teak Burma

Tilapia (fish) Ghana

Tobacco Malawi

Toys China

it couldn’t shouldn’t get worse than this

It’s been 10 hours now, since the strongest opposition in Nepal, the Maoists parliamentarians members of constituent assembly physically assaulted the parliamentarians constituent assembly members of  the the Democrats “Nepali Congress” and the Leftists “CPN-UML” during an already overdue Budget Session. The Monarchy was overthrown in 2006 and the only institution that remains is the Judiciary.

Justice Lal defends apex court order on PM election

Supreme Court Justice Girish Chandra Lal today told the Parliamentary Hearing Special Committee that the apex court did not issue mandamus order to elect a prime minister, respecting the supremacy of the Constituent Assembly.

Addressing the PHSC concerns, he said the order was not ambiguous and clearly wanted the CA to exercise its authority as per Rule 7 of the CA(Legislature Parliament Business) Rules to choose a PM.

Fabricated False news against Justice Girish Chandra Lal

I have known Justice Lal since 1993 and based on my personal knoweldge and observation, he is one of the highly ethical justices in the Judiciary.

Fabricating false news, tarnishing his image is really unfortunate for the people’s faith in the Judicial system. Make no mistake that our Judiciary is the only surviving state institution based on the 1990 people’s mandate and remains strong, though the executive and legislative based on popular will ceased to exist long back since dissolution of parliament in 2002. In absence of legislative and executive based on popular will since 2002, the regressive forces are trying to dismantle the last and only valid state institution.

I highly condemn this disgraceful act of the ‘terrorists’, who tend to terrorise the citizens who know less of his contribution to the judical society. Since the initiation of the Legislative Committee hearing on the Justices, a trend seems to have been forced by regressive elements who want to deter the spirit of Independent Judiciary and forcefully impose their own version of judicial control. And this has to end.

I wish Justice Lal successful tenure in the Judiciary, free from baseless-pointless-egoistic political apprehension.

Adcocate Santosh Giri Supreme Court of Nepal Curently in California, United States. Moderator, LawNepal

US Supreme Court Opens Session With New Lineup

Full story: Voice of America

The U.S. Supreme Court started a new session this week, marking the 75th anniversary of the high court in Washington.

And yes, lets not forget, The Law is above the King!!!

Referring to Social Contract Theory should give us the foundation for the discussion on Law vs. Politics. Jurisprudence itself stands on the core nexus of law and politics.

Here’s my simple understanding:

Adam and Eve bumped into each other at Eden Garden. Until then, both were sovereign, enjoying the Natural Law. Once they confronted the Poisonous Fruit Tree of Sin, they had to decide a set of norms among themselves, for who shall eat first. The sin fruit soon revealed its colors when Adam and Eve started claim authority over two tract of land bearing Fruit trees. A line had to be drawn to determine their rights and obligations (The Law) and sanctions and parameters (Politics), hence  law and politics were born.

Soon more sovereign individuals flocked in and conflict was destined to brew. A greater need of determination of rights, duties, obligations was needed and a social contract of mutual understanding was formed. Hence, individuals gave up their sovereignty for a greater good and agreed upon set of sanctions, enumeration of rights and duties and a sovereign institutional form (a society, a state, a nation) was agreed upon, all based on social contract theory. The law of the land was born.

The Politics (policy) came into play ONLY from the point when one sovereign Adam felt apprehended by another sovereign Eve in terms of ones right to pleasure and to limit the pain one would suffer; thereby agreeing upon norms for the Poisonous Tree (Commandments?). Until then neither Adam nor Eve had acquaintance with politics, policies or sanctions. Hence, Politics is a yolk of Law (the egg) where the fragile rights and duties (the shell) coexist with a carefully balanced greater sovereign with right to sanction (the white). A minor disbalance can crack the egg.

Advocates of Critical Legal Studies confine law within paradigm of politics. Without referring to Kelsen’s Legal Positivism, Hart’s Analytical Positivism, Legal Realism and the Postmodern Utopia, the discussion on law and politics will never be justified.

In re: Nepal’s politico-limbo:

Constitution is a politico-legal document, a political agreement to set the legal parameters for the nation. Nonetheless, it is dynamic (except in Nepal where, the vision-less leaders opt for a new constitution rather than amend the law of the land). Its a pity, our law of the land (your encompassed document!) is malfunctioning in one vital element of the state: the formation of an executive!!!

Or, is what we have is actually the law of the land or a mere political agreement dumped by the rebels to achieve their goals? Is the Interim (!) Constitution merely a political agreement between 8 political parties?

The greatest question is: Whether the interim constitution is derived from a popular will?  NO.

Hence, in absence of a popular will, a legislative (Not a Constitution Drafting People’s Assembly), an executive based on the legislative; the state is long over due of its legitimacy!

Since dissolution of parliament in 2002; Nepal has been functioning solely on the shoulders of one state organ, the Judiciary (which has never been tyrannical fortunately). The politics has failed miserably since 2002 (be it democrats, republics, monarchy, hardliners and opportunists).

What kept the sovereignty intact then? No doubt, one state pillar, the Judiciary. And yes, lets not forget, The Law is above the King!!!

Current Issues

Judge overturns California’s ban on same-sex marriage

Full story: www.cnn.com

A federal judge in California has knocked down the state’s voter-approved ban on same-sex marriage, ruling Wednesday that the state’s controversial Proposition 8 violates the U.S. Constitution

http://www.topix.com/forum/us/supreme-court/TH6FC2NTHSA34FVR9

POLL RESULTS: California Proposition 19: the Marijuana Legalization Initiative

Jury reaches verdict in Oakland BART shooting trial

Full story: LA Daily News

A family walks by a wall of posters of Oscar Grant in Oakland, Calif., Friday, July 2, 2010.

 

Calif. GOP Gov Race Tightens as Attacks Intensify

Full story: FoxNews.com

Meg Whitman’s shot at the Republican gubernatorial nomination looked as easy as an eBay bid: Plunk down nearly $81 million and wait for the clock to run out.

California seeks to ban free, single-use carryout bags in retail

Full story: Chain Store Age

The California State Assembly on Wednesday narrowly approved a bill would make California the first state in the nation to ban single-use plastic and paper bags from being handed out free of charge at supermarkets, drug stores, convenience stores and liquor stores.

Immigration Statistics 2009

Immigration Statistics

Get e-mail updates when this information changes

New Releases

Nonimmigrant Admissions to the United States: 2009 (PDF, 10 pages – 485.5 KB)
This report examines the number and characteristics of nonimmigrant admissions in fiscal year 2009.

Data on Nonimmigrant Admissions
Access data on nonimmigrant admissions by class, country, and other characteristics for fiscal year 2009.

Refugees and Asylees: 2009 (PDF, 6 pages – 335 KB)
This report presents information on the number and characteristics of persons admitted as refugees or granted asylum to the United States in fiscal year 2009.

Data on Refugees and Asylees
Access data on persons admitted as refugees or granted asylum in fiscal year 2009 by several characteristics.

Naturalizations in the United States: 2009 (PDF, 4 pages – 320 KB)
This report presents information on the number and characteristics of foreign nationals who became American citizens during fiscal year 2009.

Data on Naturalizations
Access data on persons who became American citizens in fiscal year 2009 by country of birth, state of residence, and other characteristics.

U.S. Legal Permanent Residents: 2009 (PDF, 6 pages – 401 KB)
This report provides information on the number and characteristics of persons who became legal permanent residents during fiscal year 2009.

Data on Legal Permanent Residents
Access data on immigrants who became legal permanent residents in fiscal year 2009 by class of admission, country of birth, state of residence, and other characteristics.

The 9/11 Terrorist Attacks and Overseas Travel to the United States: Initial Impacts and Longer-Run Recovery (PDF, 13 pages – 988 KB)
This Working Paper examines whether the initial decline and eventual recovery of overseas travel to the United States during the post-9/11 period varied according to sending countries’ participation in the Visa Waiver Program (VWP).

Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009 (PDF, 8 pages – 292 KB)
This report provides estimates of the unauthorized immigrant population residing in the United States as of January 2009 for periods of entry and leading countries of birth and states of residence.

Source: http://www.dhs.gov/files/statistics/immigration.shtm

The People’s Nepal

Watched the documentary last night. Courtesy of the Producer/Director Jim. A Must Watch portray of Nepal’s political dynamics, fall of the monarchy, the April uprising and the Nepalese people in general.

The documentary closes with an Intriguing question: “If peace cannot prevail in the land where Buddha was born, how can there be peace in the world?”

I request everyone to visit http://www.thepeoplesnepal.com/buyDVD3.html to buy an original DVD and support the cause of peace building process. The “THE PEOPLE’S NEPAL” is a DVD Documentary – NTSC 77 minutes – $24.95 plus $2. Shipping

This independent documentary tells a story that was overlooked and over-shadowed by the war in Iraq and other events. It is the story of the Nepalease Revolution in April of 2006 and some of the people involved in it.

It focus on stories of the struggles of the Nepalese people during the April Uprising of 2006. Though its orgins are many, the movement was responsible for forcing the King to step down and the establishment of Nepal as a republic.

The little known history and culture of this Himalayan nation are featured with visuals of the mountains and works of Nepalese art. Ten interviews are intercut with never-before-scene historical images and the riviting footage of the confrontations between the citizens and the police in Nepal during April of 2006.

Peter Coyote narrates the 77 minute documentary along with the voices first hand witnesses and participants. Original sound was written and performed by Chris Vibberts to score the film. He is releasing the sound track Falling and Rising, Music From The Peoples Nepal under a separate label.

The Peoples Nepal, $24.95 is now available only online at the films website ThePeoplesNepal.com