#it depends on which laws apply and what the intent of the situation was
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@inblueee2, here's your explanation. I apologize that this took longer than expected, I had extenuating circumstances that prevented me from researching this further yesterday, and this was also a greater undertaking than I expected. However, I appreciate that you asked, because your reply got me to look a bit deeper into this situation and get a better understanding of the legality behind this all.
(btw super sorry if I messed anything up here, law is not my specialty and while I researched this to hell and back please take it with a grain of salt)
Please Note: This is based on law in the United States of America. I have neither the fluency, the connections, the money, nor the trust in Google's translation to give a cohesive summary of Mexico's laws regarding this. If you would like that, I'll direct you to mokkacat's post that delves into that a bit more; they are Mexican, and are able to give a better analysis of that then I can.
I’ll summarize it up here, but if you want a more in depth explanation then I’ll direct you below the cut.
The Beneficial Ownership Information act requires business owners, alongside anyone who owns more than 25% of a company, to give the information of the owner to the United States government. However, this information is kept in a private and secure database. It is not public, and Quackity was within his rights to keep his identity concealed regardless of if he is a private business owner. Léa's leak of information could fall under doxing, an illegal act in California, Mexico, and France. Because this is an international situation, it’s not as clear cut as I’d like. California defines doxing by the intent of the doxer (i.e. did Léa want to cause Quackity fear for his safety/physical harm/harassment towards him and his family), however Mexico and France appear to not. If Léa intended to dox Quackity, then her actions were undoubtedly illegal. If not, then it's a bit messier. Quackity will most likely not sue Léa.
Anyway: a cut, for the in depth explanation with sources and everything. Because this is long.
Pre-emptive apologies and forewarnings: I am neither a law student nor a lawyer or legal advisor. If I misunderstand anything or misconstrue the facts and evidence then I apologize, but this is what I have gathered. I have researched this to the best of my abilities in the time allotment that I gave myself, and no falsehood written here is purposeful, however I would not be surprised if there are mistakes made. The general concept remains the same throughout.
This is the law of the United States of America, and in some places, specifically the law of the state of California. These laws may not apply to the same extent, or at all, if the following are true: if Quackity Studios is registered in Mexico, if Quackity's current primary residence is in Mexico, if Quackity is only a citizen of Mexico and not the United States of America, or if Quackity does not have any sort of green card or worker's visa. I don't know the stipulations of him living in the United States, nor will I vigorously search, as it feels intrusive. I am not familiar in any way, shape, or form with the laws of Mexico. As I don't know where in Mexico it would be registered, I cannot find administrative district/state specific laws. Again, it would feel like a breach of privacy to search for this, so I am leaving it be. Refer to mokkacat’s post for information there, if you would like.
I'm going to start from the ground up here. Any website owned and operated by the government of the United States of America has the top-level domain of .gov at the end of the URL, where you would otherwise find .com, .edu, or .gov. This can only be used by an official government organization in the United States of America (for example, the National Park Service, the U.S. Department of the Treasury, those types of things). The French equivalent to this looks to be .gouv.fr. The important thing here is that this information is, without a single doubt, verifiably accurate to the current state of the legal system and laws in the United States of America. You cannot fake it. You can fact check this by going to almost any .gov website and clicking at the top, where it says, "An official website of the United States government Here's how you know"
This is relevant information.
Now, the United States of America has a government website called Financial Crimes Enforcement Network. This website deals with, as the name suggests, financial crimes, alongside general financial information. It is a subset of the United States Treasury, and is undeniably a reliable source for information about current United States laws. One of the important, recent regulations put into place by the FinCEN involves Beneficial Ownership Information (BOI). Among other things, the BOI requires the owners (alongside anyone with 25+% ownership) of most companies registered in the United States of America to submit information regarding the identity of its primary owner. There is some nuance here, depending on how the company operates, and what exactly its actions entail (for example, accounting firms and government agencies can be exempt from this). Given the nature of Quackity Studios, however, this is most likely the law that applies.
The important thing here is that while the information of the company's owner must be provided to the government, this information is kept private from the public.
"Beneficial ownership information reported to FinCEN will be stored in a secure, non-public database using rigorous information security methods and controls typically used in the Federal government to protect non-classified yet sensitive information systems at the highest security level." - Beneficial Ownership Information Reporting Frequently Asked Questions
"Section 6403 further requires FinCEN to maintain this information in a confidential, secure, and non-public database, and it authorizes FinCEN to disclose the information to certain government agencies for certain purposes specified in the CTA, and to financial institutions to assist in meeting their customer due diligence obligations. In both cases, these disclosures are subject to appropriate protocols to protect confidentiality." - Beneficial Ownership Information Reporting Requirements
Within the United States of America, Quackity has a legal right to conceal his full name and specific identity from the public, regardless of whether or not he is the owner of a company or corporation registered in the nation. There are specific circumstances in which this confidentiality can be broken. Those are noted in the quote above (due diligence obligations and disclosure to certain government agencies). However, to my knowledge, Léa’s leak of Quackity’s personal information would not qualify as one of these moments of allowed breach, nor would that confidentiality have been broken in the correct manner.
It is established that Quackity was within his rights in the United States of America to conceal his identity from the public, but the more important question here is: why would Léa leaking his personal information be illegal? Here, I believe it gets a bit more messy.
It depends on how you view this situation. In this situation, I am using California's laws. Laws about doxing vary from state to state, and likely differ from nation to nation. If you want Mexico-specific laws, then I recommend, again, going to mokkacat's post. They have more information here than me. However, because Quackity lives at least a fair portion of his time every year in the state of California, this will focus on the laws there.
The law itself is straightforward: California Penal Code 653.2, "Every person who, with intent to place another person in reasonable fear for his or her safety, or the safety of the other person’s immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party, electronically distributes, publishes, e-mails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action, is guilty of a misdemeanor punishable by up to one year in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment."
Vista Criminal Law, a website ran by registered Criminal Defense Attorney, Peter M. Liss, lists examples of doxing (violations of California Penal Code 653.2) as the following:
full name
address
phone number
social security number
email address
workplace details
financial records
family information
other personal information
The important question here is whether or not Léa posted that information with the intent of placing Quackity in reasonable fear for his safety or the safety of his family and imminently causing Quackity unwanted physical contact, injury, or harassment. Hence why I am iffy about this. If Léa intended for that information to lead to the harassment of Quackity or his family; what she did was illegal. If Léa did not intend for the information to lead to the harassment of Quackity or his family, and what she did was a pure mistake on her part, then what she may have not been illegal in the state of California. This conclusion this would be different if you follow the laws of other nations, i.e. France or Mexico, because they have different laws surrounding doxing, but I’m focusing on California.
Léa caused Quackity reasonable fear for his safety, the safety of his family; unwanted physical contact, injury, or harassment. The most important thing here is intent.
To my knowledge, though I am hesitant on this, as I am not fluent or anywhere close to that in French, France forbids the act of doxing as well. Under LOI n° 2021-1109 du 24 août 2021 confortant le respect des principes de la République (1) Article 36, doxing is forbidden. "« Art. 223-1-1.-Le fait de révéler, de diffuser ou de transmettre, par quelque moyen que ce soit, des informations relatives à la vie privée, familiale ou professionnelle d'une personne permettant de l'identifier ou de la localiser aux fins de l'exposer ou d'exposer les membres de sa famille à un risque direct d'atteinte à la personne ou aux biens que l'auteur ne pouvait ignorer est puni de trois ans d'emprisonnement et de 45 000 euros d'amende."
It is difficult to define how laws work between nationalities and nations; this is something that actual lawyers and legal teams can find themselves struggling with. It is also difficult when these laws are defined by intent. The most important point here is that people argue that Léa's leak of information was illegal because Quackity had a right to retain the privacy of his personal information; and it falls under doxing, an illegal act, in both California and France.
However, the bottom line is intent is the most important thing here, and I genuinely have no clue whether French, American, or Mexican laws would apply when it comes to the dox. If Mexican or French laws apply, then it appears that Léa’s actions were illegal. If Californian laws apply, then intent would have to be defined, and that is difficult. If it was intentional, Léa committed a crime. If it was a pure mistake, then it can be summarized by saying it's complicated.
So there you go. I’m sure that there was at least one mistake in this, so I recommend taking it all with a grain of salt, but that’s my best summary of why people are arguing that Léa’s actions were illegal. I'm not sure how to end this; I've done way too much research on this topic for my own good, but I can't be mad at understanding more than I did when I started looking into this. I really hope this made sense, if you read all the way to the end, lmao. This is, like, 2,000 words.
I don't know how to phrase this any better, but I seriously think that Léa needs to get a lawyer or legal advisor and step away from Twitter for a moment. I get that she feels a moral obligation to provide fans and former fans with a constant flow of all the information that she has available (which is an important thing, and she has been the main source of inside information since this all happened), and I know that she likely cannot pay for a lawyer herself on account of the fact that this whole issue arose because she (alongside others) were not getting paid.
However, regardless of whether or not leaking Quackity's personal information was a purely human mistake rendered lesser on account of the labor laws broken by him and his studio (in her own tweets, as her own argument), it should not have happened. Bottom line is that she rushed to provide the internet with information about the situation, and she made her argument, her voice, and her credibility lesser as a result of that.
Not only did she do what could be argued as a crime in more than one nation (though I am a bit iffy here; I am not a law graduate or student of any sort), but she directly harmed Quackity, and possibly his family, who had no part in this situation.
Her need to get information out as quickly as she can as the inside force led to this massive mistake, and no matter how you want to frame it (because it is still a mistake), it really should not have happened. It harmed both Léa and Quackity (though I would stand to argue one more than the other), and it could have been avoided if there was someone else working behind the scenes, or if Léa had simply checked the screenshot over a few times before posting it.
I'm not certain how to end this post, but I've thought this for a long time. This is a legal situation in which she is one of the primary witnesses. With such a large part of this playing out on Twitter, in a borderline trial of public appeal (not sure how much better I can phrase this, because such a massive part is involving the opinion of fans) she needs to understand how important and influential her words are, and how catastrophic it can be to both her cause and Quackity's if she messes up.
#I think that part of the whole 'you get to keep your identity anon' is to prevent harassment#like freedom of speech is such a huge thing in the United States#being able to do things that could be considered controversial or create things anonymously as a very public figure is rather important#you can post things under a pen name so long as you provide the US government with the right information for taxing#so that they know you aren't laundering money or anything#quackity is kind of like that just on a larger more corporate scale#I want to make it clear that I genuinely don't think Léa did this kind of thing on purpose#I think it was a mistake and while her response aired on the defensive side I get it; this is the kind of situation where you have to-#defend yourself a fair bit#it's not perfect and I still think that this really *really* shouldn't have happened#but I don't think that it was done from a place of malice#hence why *I do not know if it was truly illegal*#it depends on which laws apply and what the intent of the situation was#but that's like the eighth time I've said that#anyhow thanks for the wait and I really hope I didn't fuck up my explanation royally#there's so many run-on sentences in this#kill me now
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absolutely loooove your coverage of the ador vs hybe legal battle. the absolute gag of the century was reading that the whistleblower was a potential investor ador higherups met with. I want to know what you think of mhj's plagiarism allegations. is it plausible for her to have a legal standing in saying that hybe did not have the right to use her old concept art from the source music x bighit audition as inspiration for illit?
Hello! I'm glad you enjoyed my coverage! And also your question is very interesting!
I'm by no means a legal expert but put simply, no, I don't think she has grounds for anything.
The difference is basically plagiarism vs copyright. Copyright (in most cases) includes a process in which an idea or creation is registered legally as a person's creation (sometimes automatically) and people can still replicate that idea if they add their own transformation to it. Plagiarism on the other hand is a copy that doesn't intrude on someone's copyright (ie not transformative) but also doesn't give them credit - it isn't illegal and is also much harder to prove as a well-known song doesn't need explicit credit to be recognized. (For example, if you covered Michael Jackson's 'Bad', you don't need to directly credit MJ for people to know it's his song.)
If you record a song cover and post it on YouTube as an example - this is not a copyright violation because it involves the original vocals of the person doing the cover, and thus is transformation. Similarly, if you add some variation to the original song such as in the vocals, but still label it as a cover then it is not plagiarism. The difference becomes when you try to pass it off as your own. As mentioned, because the vocals are different you can say the vocals are your own creation, but the backing track is technically being copied and violates the copyright. Ironically it isn't necessarily plagiarised because you could argue that the song is well known enough to not need credit.
Bringing this back to this situation, MHJ's '2YK concept' is technically based on an acclimation of various pre-existing ideas, images, and sounds from the 2000s, while she can say the combination she's made is unique, she can't copyright that interpretation because they aren't her original ideas. Similarly, with plagiarism, it's even harder to prove because she's complaining about individual dance moves instead of the whole routine - it can be argued that not only does she not have rights to those individual moves, but their incorporation into a technically new routine makes it transformative.
Put simply, she can't prove that she owns the move nor that the new routine isn't transformative so she has no legal case. However, I don't think that's her intention, it's all about public perception. Actually, a lot of K-Pop dances are not completely original or pay homage to other existing dances, but she's framing it as 'copying' to win public sympathy, and ultimately the public is the consumers. Many people are boycotting or picking apart both ILLIT and NewJeans depending on which side they stand on, and they will ultimately vote with their dollars.
Ironically, the fact she doesn't seem to have a legal case could be further grounds for BELIFT's case against her, as he publically accused them of copying NJs and she could be sued for defamation (which they are currently trying to do.) The only saving grace is that she said plagiarism, not copyright, but in Korea, you can be sued for defamation even if what you said is true. Even if she could prove it was plagiarism, she still doesn't have any legal standing as it's not covered by law.
Again, I'm no legal expert (especially not in Korean law) but that's how I personally understand the situation! It'll be interesting to see the results of everything, and I hope this helped at least a little bit~ I focused more on dancing but the same logic could be applied to the concept art too.
#HYBE#BANG PD#MIN HEE JIN#park jiwon#ADOR#HYBE vs ADOR#Min Heejin vs HYBE#Min Heejin#BTS#NewJeans#ILLIT#Le Sserafim#Kpop News#Kpop#K-entertainment#Q&A
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Thinking of You - April ✂️ 2024 - Scorpio
Whole of their energy towards Scorpio: 9 Pentacles
Feelings: The Sun
Intentions: The World
Actions: Ace of Pentacles
Wow this one. If you’ve been controlling towards this person, specifically in regards to money, then they feel like they’re giving you a taste of your own medicine. That’s for someone, most stories seem to be more positive. The majority I’m seeing are Scorpios who’ve gone through it where work/finances are concerned, and this person has been with you along this journey, listening to you gripe and watching your struggle, they’re watching you rise from the ashes 🔥 Marionette & Nightmare are either how you’ve made them feel (not many), or how you’ve felt with your last job, current job even, like you have zero control over your life, not making enough, having to scrimp and scrounge for enough to cover basic expenses, etc. If this involves a lawsuit, whoever is winning feels like they have the other person on puppet strings, but that it’s deserved. Right or wrong, there’s a fine line between petty & actual Justice and this person straddles that line, or you do. Someone is greedy materially, sneaky, strategic, controlling on some level, but presents themselves as they have it all. Everything here is about money, whoever this is to you idk.
Definitely seeing a lawsuit for someone, someone may be receiving alimony or some other kind of financial support, I’m hearing “more than expected” and they’re happy about that. Doesn’t even have to be you, this could be someone you’re dating that’s divorcing a nightmare or suing someone. Someone may have been extremely controlling, every move, and money is just included with that, especially if you lived with this person. Independence is freedom. Knight of Pentacles at the bottom show this being a long time coming, a lot of effort and investment put into this, and the progress is very quick when it finally comes, news worth celebrating! Intentions are putting an end to this cycle (finally), and I don’t really see them having a plan after this. They’re going to revel in the ending for awhile, enjoy independence, appreciate what they have or what they get. I get a materialistic vibe, strongly, and at the same time they *are* grateful for whatever this is coming in for them. Could be a new job after the last one was godawful. They won’t act immediately, or they intend not to.
Actions being Ace of Pentacles shows real potential, payment for damages or injuries where that applies, getting what is deserved to them, I don’t see this as actual action though but more like what they’re receiving - due to court, insurance companies, assistance of some kind, etc. 4 Wands shows this being family, a love relationship, someone nearby like a neighbor or someone that’s damaged your/their property, the money will come to you as it’s owed…be careful someone isn’t trying to manipulate the situation or be greedy with what you’re due. There could be a warning about a thief here. You may need advice when it comes to higher level financial transactions, which is shown here too, it’s not me. It’s possible to be scammed, but I’m seeing Justice too, getting the law involved wouldn’t be a bad thing in many cases. Some of you may have to owe “the law”, whether a ticket, fine, damages, etc. towards this person for whatever reason. For the most part, this person is fine, or they know you are, individually and financially too, or will be.
Messages:
Their side:
- I love to surprise you 😯
- Forever Young
Your side:
- Secret Past
- I want to have my cake and eat it too 🍰
Oracles:
Tame the shit show by finding calm in the chaos 🫨
Marionette 🤡
Dictatorship - Domination - Reluctance
Nightmare 😱
Suffering - Darkness - Persecution
Possible signs:
Capricorn, Aquarius, Aries & Sagittarius - heavy Saturn/karma, this could just be showing a karmic
If you’re dealing with:
Ace of Wands is an exciting and passionate energy, sometimes an angry one, depends who/what we’re talking about here. Or others feel this way towards you. Aces are beginnings and in some cases there is a new beginning related to passion, creativity, a spark of inspiration that leads you down a different path you’ve never walked before. Could also be “following your/their wand” in some cases as well, sexual & enticing, a very exciting and hopeful energy on by itself 🔥
Aries - someone you’ve recently started dating or want to, you find them to be extremely attractive and are ready to rush into a passionate connection with them, or switch it 💋
Taurus - your emotional security blanket? Or switch it, you both have finally let go, either of each other or other things you talk about
Gemini - confused by what you’re not saying, subtext, wants the whole truth even if it shocks them - or you do
Cancer - feels a lot of pressure regarding you and is trying to stay emotionally detached & logical about it - that’s all they can do
Leo - doesn’t know where you go when you leave, or there is something unknown about work trips & other travels, could be shocking
Virgo - done worrying about this or you, though they were so upset they were losing sleep, they feel like they’ve overcome the worst, or something they’ve {intensely} worried about is finally over
Libra - quietly moving away, or there’s something here about health & injuries, a possible drug overdose, if it’s health related someone needs to do their own research, I’m getting a toxic med cocktail that doctors aren’t paying enough attention to
Scorpio - finally getting what they want after having failed before, they can rest easy 😌
Sagittarius - wants a new beginning with you, they love you and they’re willing to be patient
Capricorn - could be getting heated with a father/child at home, or impulsively taking charge of a situation that’s gone haywire, could be relating to work or parents
Aquarius - expecting you to be delulu, knows you to lie and manipulate, so they stay away
Pisces - could ghost, staying quiet, disappearing without an explanation 👻
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Approval after NOID: Taking Advantage of the Opportunity
Did you recently receive a NOID in the mail? Are you struggling to figure out exactly what to do next? No one ever wants to receive a NOID. However, always remember: a NOID is not a rejection. A NOID is not synonymous with a denial. Rather, a NOID is a chance to “turn your case around,” to get approval after NOID. We can help. Below are some facts about NOIDs as well as how we can help.
NOID: The Basics A NOID comes as a letter from USCIS indicating their intent to deny. For the most part, it will include your immigration history, what you’re applying for, and, (most importantly to you at this moment), what evidence/documentation you must provide/what you must do to be approved.
If you have received a NOID, this indicates a likely path to denial. The moment you get a Notice of Intent to Deny (NOID) from USCIS, it indicates a potential denial of your application due to inadequate or lack of appropriate evidence. Remember: the “I” and “D” stand for “intent to deny.” If you receive a NOID, they do intend to deny your application as it stands right now.
The probability of you successfully convincing them without qualified legal assistance and overcoming the Notice of Intent to Deny may be against you, but it’s not impossible. This is a time-sensitive matter as the window to respond adequately is typically about thirty days. We can help you.
What to Keep In Mind About a NOID Think of a NOID as an indication that you haven’t done enough, that your case isn’t compelling enough right now to get you the benefit that you want. All a NOID is saying is that if an appropriate response is not provided or if the supporting evidence doesn’t suffice, the USCIS reserves the right to deny the application. Thus, when navigating the complexities of USCIS procedures and dealing with a NOID, having professional legal assistance significantly increases your chances of a favorable outcome.
Being issued a NOID isn’t equivalent to losing your case. It’s a wake-up call. All it is is the USCIS telling you that your case is facing some serious issues and needs immediate, thorough intervention. It means you’ve come under the scanner, and the USCIS is scrutinizing your case closely.
What you should take from a NOID is a sense of urgency. The NOID will tell you which issues must be addressed swiftly and effectively. At Rijal Law Firm, our team of legal professionals can guide you through the process every step of the way.
How We Can Help With Your NOID Response At the Rijal Law Firm, we act promptly to satisfactorily address all USCIS concerns. Our responses are detailed, supported by additional evidence, and designed to leave no room for doubt. First, we rapidly review your NOID to identify the best course of action. Then, we draw upon our extensive legal know-how to draft a thorough response strategy. Our aim is to reinforce your case and heighten your approval chances. We understand that no two NOIDs are the same. Indeed, every NOID is unique, and so is our approach. Our advice and action plan are tailored to the specifics of your situation. This plan can include a wide range of actions, including accumulating extensive, conclusive evidence to address the USCIS’s apprehensions.
Approval After NOID: It Is Possible With the Right Help When faced with a NOID (Notice of Intent to Deny), your immediate reaction may be panic or fear. However, with the right legal assistance, it is not the end of the road. Contact an immigration attorney promptly as time is of the essence. The clock starts ticking as you typically have a 30-day window to respond, miss it and the case could likely be shut.
At the Rijal Law Firm, we pride ourselves on having a track record of overturning NOIDs. Success in such cases is challenging, and the reversal rate might not be the majority. It might be achievable in about a quarter to a third of cases, depending on the nature of the issues raised.
The path to resisting a NOID isn’t always smooth. If it raises legal issues that are straightforward, it’s relatively easier to navigate. When the matter is more subjective, and USCIS has a fair amount of discretion, these NOIDs can be trickier to combat. Here at the Rijal Law Firm, we strive to protect your rights and ensure your case is presented in the best light possible to increase your chances of a favorable outcome.
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so by that logic, must every collage artist contact everyone whose art (or similar creation) they repurpose to make sure its okay. what if someone is making a collage from the copyrighted works of a racist or some shit for the purpose of turning their original message into an anti racist one? must they yield to the desires of the original artist, thus stifling their own creativity? what about recently deceased artists whom never commented on their art being used in collages? i find it impractical to expect this because collage is by nature transformative, thus the permission of the creators of the works it derives from isnt necessarily required (as far as i know, legally speaking. of course, being art this is a gray area and it Very much depends on How tranformative the new work is. which is generally a bit subjective. it goes down to case law).
i just think. when it comes to work that brings inherently new value to that which it is derived from (significant enough to where the original wouldnt lose profits because the other one fills its niche too closely) permission isnt necessary (especially for the sake of critique or satire of the original!!) and with this in mind, even though ai art is very different and its difficult to measure intent, i dont think art made via ai and art made through other means should be held to different standards in that regard. if theres a good reason they should be, ill keep an open mind, but as it stands, i really dont see that making sense.
crediting each and every work a piece is derived from (while a very good thing!!) is a more reasonable request but it becomes difficult to execute in situations outside of like. posting online. especially since its hard to know how many images an ai uses to create its work. maybe fucking thousands. that would be a bitch to catalogue, and at that point it should theoretically be so different from each of the original works that crediting it doesnt really matter because its so disconnected from the originals. (theoretically speaking. im just fucking speculating i dislike ai and dont want to use it even for the sake of an argument). honestly this heavily depends on how many pieces are used and how different those and the subsequent piece made are from one another (this is difficult to measure TwT)
the thing about art is that every single human has an inherently original style and perspective, which is why no mqtter how saturated the market is, no matter how many artists there are, regardless of species, human ones will always have a place in society. i will be honest though i fucking hate the idea of companies employomg ai artists it disgusts and disturbs me but i really dont have any fucking clue what could feasibly be done about it. (banning the use of ai in companies? i dont know. large scale policy like that is scary idk if the government should be able to do that). but yk, that doesnt apply to bozos on the internet making dumb images.
i appreciate that u have a nuanced perspective ❤️❤️❤️ you definitely enlightened me more on how other people view the issue. i hate to say it but i think a lot of (fellow) artists are sensitive pussies (hence the existence of the phrases "art style theft", or "pose theft", among other ridiculous things) and it pollutes the more objective side of ai art discourse. maybe thats not true though maybe im just a big fucking meanie idk sorry dont quote me or anythinf
i think that gay sex cats is the new duchamp's fountain
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How to Handle Vehicle Loans in Chapter 7 Bankruptcy in Raleigh, NC
Figuring out what to do with your car loan is one of the big decisions you'll face when filing for Chapter 7 bankruptcy in Raleigh, NC. As your bankruptcy attorney, I'm here to walk you through the process and help determine the best path forward, given your unique financial situation.
Under Chapter 7 bankruptcy, you typically have three main options for dealing with vehicle loans:
Reaffirmation
With a reaffirmation agreement, you agree to continue making payments on your car loan as originally contracted, despite the bankruptcy.
This allows you to keep the vehicle as long as you stay current. The lender will have you sign a reaffirmation agreement to reaffirm the debt. I'll review the terms to ensure they are in your best interest before filing the agreement with the court.
Redemption
Redemption lets you pay off the car at its current fair market value rather than the full loan balance.
This can significantly lower the amount needed to own the vehicle outright. If you have access to funds (like from a friend or relative), redemption may be a smart choice - especially if you have negative equity.
As your Weik bankruptcy attorney in Raleigh, I can help you determine the car's value and file a motion with the court to approve the redemption.
Surrender
If you can't afford the payments or no longer want the vehicle, surrendering it in bankruptcy is also an option.
This erases your liability for any loan balance remaining after the car is sold at auction. While giving up your automobile is never easy, in some cases, it's the most financially prudent move.
We can discuss transportation alternatives and ensure you're well-positioned to get another vehicle in the future.
It's important to note that North Carolina bankruptcy exemptions only protect up to $3,500 in motor vehicle value ($7,000 for joint filers), if the automobile is in joint names.
If your car has more equity than this, the trustee could potentially sell it to repay creditors. We'll carefully assess your vehicle's equity and explore ways to protect it. For instance, there's a that may be applied depending on your case.
Also, keep in mind that if you're behind on payments, the automatic stay in Raleigh bankruptcy only temporarily stops repossession. The lender can still seek court permission to reclaim the car. That's why it's crucial to decide on your statement of intention and take action quickly.
Book Your Free Consultation
No matter which route you choose, know that I'm in your corner throughout the process. Together, we'll create a customized plan to handle your vehicle loan in a way that provides much-needed financial relief while also meeting your transportation needs.
If you're considering Chapter 7 bankruptcy and need guidance on managing your car loan, call Weik Law Office today at 919-845-7721 for a free consultation and set up a time to speak with one of our friendly professionals.
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How Is AI-based Recruitment Automation Platforms Transforming Pre-Employment Assessments?
The recruitment landscape has undergone a quick shift and a major development that has been seen lately is the integration of artificial intelligence (AI) in pre-employment assessments. It might sound like nothing more than a buzzword, but AI is actually transforming how employers evaluate potential hires. In this blog, we will be discussing how AI has impacted pre-employment assessments and what recruiters can learn from these technologies to make better hiring decisions.
The New Era of Pre-Employment Assessments
In today’s dynamic business environments, success varies across different organizations hence; the predictors for success also differ by a very wide margin. For example, Xerox Inc. discovered compassion was critical for their customer service executives hence modified their pre-assessment tests to measure this aspect.
AI and machine learning algorithms are emerging as powerful tools for evaluating these complex competencies. These technologies significantly improve the accuracy of predictions about whether or not a candidate would be suitable for a position thereby reducing human errors and biases associated with making such decisions. To add on, AI-powered tools can send candidates assessments directly on their smartphones which improves the candidate experience and also streamlines the hiring process.
By doing so, recruiters can use AI to automate repetitive tasks thus allowing them to focus on more strategic activities. Consequently, this move brings about more efficiency as well as makes sure that an organization’s recruitment process focuses solely on candidates because with AI tools providing instant feedback, they become engaged during the entire hiring procedure.
Types of Pre-Assessment Tests
Pre-assessment tests appear in many guises each aiming at testing different skills and attributes as follows:
Skill Assessment Tests:
They determine if someone understands specific skills like typing speed or command of language. They may predict performance at actual work but might not capture everything about whether they are able to learn and grow over time.
Skill assessments are useful when recruiting for roles requiring specialized technical abilities. For instance, an individual applying for data entry must have high typing speed, while a customer service representative should be fluent in many languages. In this case, these tests can show whether an applicant has some of the immediate skills needed for that job.
Job Knowledge Tests:
These are meant to measure the knowledge of a particular subject area such as accounting or programming. However, they may not reflect the extent to which an examinee can apply such things in real-life situations or their capacity for learning.
Job knowledge tests are tailored to test the depth of understanding within a specific domain. For example, an accounting test could focus on financial regulations as well as tax laws hence ensuring that candidates have a good background to perform effectively. Nevertheless, these exams are static and may fail to fully assess problem-solving abilities or adaptability in candidates.
Integrity Tests:
They help organizations evaluate honesty, dependability, and work ethic with the intent of avoiding risky hires. Although integrity tests can identify desired attributes, they can be manipulated by applicants who provide socially desirable answers.
Integrity tests are important in positions where ethics is paramount. A typical example is in the finance and healthcare fields where high levels of trustworthiness and reliability are required. Through scenarios that challenge a candidate’s ethical decision-making process, these evaluations can give important insights into their suitability for such positions.
Cognition Assessments:
Such tests gauge a candidate’s numerical, verbal, and reasoning capacities, giving implications into their capacity to solve problems and perform in stressful situations. Nonetheless, constant drilling may raise the test marks thereby not reflecting actual intellectual development.
Cognitive ability tests are useful predictors of job performance in different roles. They measure general mental abilities, like how fast and well a candidate can acquire new information, solve problems, or adjust to changing environments. Although they have their advantages, recruiters should know that test outcomes can be influenced by practice and coaching and therefore call for moderation.
Personality Tests:
Some jobs require specific qualities such as extraversion or openness to experience. Personality tests are used to predict the success of an individual in a specific work environment, but this method is prone to being manipulated by candidates themselves.
Personality tests facilitate the identification of individuals who will likely thrive in particular work environments. For example, candidates with high extroversion may have better chances of doing well in sales while those with high conscientiousness might excel in research positions. This knowledge enables hiring professionals to fit the right personnel into suitable offices that match their inherent personalities.
Emotional Intelligence Tests:
These tests examine the degree to which a person understands his or her own emotions and those of others; an aspect that is important for someone working in a job requiring strong interpersonal skills.
Emotional intelligence is now acknowledged as playing an increasingly important role in job performance, especially in leadership positions and team-based roles. High EI facilitates navigating social complexities, developing constructive relationships as well as managing stress at the workplace effectively. Employing EI tests helps identify successful applicants for such roles who possess the emotional competencies required for these purposes.
Competency Assessment Tests:
They gauge different aspects necessary for work output such as knowledge, skills, and behaviors among others; technical skills applicable to the job description are examples of competency assessments (as opposed to behavioral competencies like leadership or stress management).
Competency assessments provide an all-rounded view of the potential of a candidate based on their technical skills as well as behavioral attributes. For instance, a managerial competency assessment may examine leadership qualities, decision-making skills, and technical knowledge in the area of specialization. This method ensures that job applicants possess the appropriate combination of capabilities and traits.
Best Practices for Using Pre-Assessment Tests
However, relying on one type of pre-employment test might not be sufficient to make an objective conclusion about a candidate. The best hiring decisions are made using multiple assessments that include behavior, skill, and knowledge components across several testing platforms.
Integrating AI into pre-assessment tests is important for improving the efficiency of these tools. By doing this, AI can gear such evaluations towards an organization’s unique competency framework thereby enhancing their relevance and predictability in relation to job performance. Additionally, AI makes the process more interesting and accessible hence creating a positive experience for candidates during the assessment stage.
Recruiters ought to consider a multi-dimensional approach that covers skill assessments, cognitive tests, and personality evaluations. Doing this will give them a holistic understanding of candidates thus helping in predicting their performance more accurately. Further, regularly reviewing as well as updating the assessment criteria ensures that they remain relevant to an evolving organization.
AI-driven pre-assessment tests are not short of benefits:
Increased Accuracy: AI helps eliminate biases inherent in humans thus improving the accuracy of assessments leading to better hires. Automated systems can easily handle large amounts of data much faster by identifying correlations and trends that might be overlooked by human assessors.
Time Efficiency: Automated assessments expedite screening processes enabling the recruiters to focus on high-value tasks only thereby saving time. This is mainly advantageous when there is a need for mass recruitment but with limited time and resources.
Scalability: AI tools are suitable for mass recruitment because they can handle many candidates at once. Therefore, such tools facilitate timely scheduling, application management, and processing of assessments even in case of large-scale hiring needs.
Enhanced Candidate Experience: AI-powered assessments may be made more interactive and engaging so as to improve the overall candidate experience during the hiring process. By offering instant feedback and maintaining continuous engagement, these tools can keep candidates motivated and interested throughout the job application process.
Leveraging AI for Better Hiring Outcomes
The use of artificial intelligence (AI) in pre-employment assessments has transformed the way organizations recruit new employees globally. These highly sophisticated applications provide companies with accurate and objective evaluation metrics that aid them in identifying top talents quickly than before via improved selection process efficiency provided through using AI-enhanced methods for assessment purposes by recruiters could therefore bring down staff turnover rates whilst enhancing total recruiting results.
Streamline Your Recruitment with impress.ai
At impress.ai we provide AI-powered recruitment automation solutions tailored towards addressing the challenges faced by present-day recruiters. Our platform offers automated resume screening, candidate ranking, and shortlisting, supports multiple languages and easily integrates with interview scheduling tools and existing Applicant Tracking Systems. In addition to this, our AI-driven assessments give deeper insights into candidate’s abilities thereby enabling you to make more intelligent recruitment decisions. Transform your recruitment today! Discover how impress.ai can help you achieve your hiring goals and navigate the complexities of modern recruitment.
Originally Published By : https://impress.ai/
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Florida Uniform Heirs Property Act
In 2020, the Florida legislature passed a new law called the Florida Uniform Partition of Property Heirs Act (“the Act”). The purpose of this law is to allow heirs of property to buy out the shares of other heirs in a court-supervised sale.
In the past, if one of a group of heirs wanted to keep an inherited property but the others wanted to sell, and the heirs couldn’t agree on a sales price, then the only legal remedy that the heirs had was a partition sale under Florida Statute Section 64.041. The Act allows the heir that wants to buy another heir’s property share the ability to purchase it for its appraised value. The intent of the new law is to facilitate preservation of real estate within a family.
When Does the Florida Uniform Heirs Property Act Apply
Heirs who inherit a property share may avail themselves of the Act when the following conditions apply:
-the heir holds his property interest as a tenant in common
-there is no prior agreement among all the heirs governing partition of the property
-one of more of the cotenants acquired title from a relative, whether living, or deceased
AND, any of the following applies:
1. Twenty percent or more of the interests are held by co-tenants who are relatives;
2. . Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
3. Twenty percent or more of the cotenants are relatives.
Buyout Process Under the Act
The process is initiated when an heir who wants to sell his portion of the property files a partition action under Florida Statute Section 64.041. In his partition complaint, he asks the court to apportion and sell the property. The court then determines whether the property is heirs’ property under the criteria stated above. If the property meets these criteria, the court then orders an appraisal to determine the fair market value of the property. Once the court notices all parties of the results of the appraisal, it holds a hearing at which it decides whether to adopt the results of the appraisal as the fair market value of the property.
The next step that the court takes under the Act is to send notice to all the other co-tenants that they have the right to buy out the cotenant who requested partition at a purchase price based on the appraised value of the property multiplied by the co-tenant’s fractional ownership share. The cotenants then have 45 days to exercise their purchase rights under the Act.
What happens next depends on whether one or more cotenants elect to purchase the property interest of the co-tenant who sought partition. If no cotenant exercises his purchase rights, the court orders a physical partition or partition by sale of the property. If one or more cotenant exercises his purchase rights, the court notices the other co-tenants of this fact and then issues a judgment of partition that reallocates the co-tenants’ respective shares in the property.
In keeping with the purpose of the act, a court-ordered buyout is only available when a relative of the decedent owns a portion of the property (so, if decedent’s heirs are not relatives, the Act will not apply). The Act defines a relative broadly as “ an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part.” However, an heir who is not a relative may exercise buyout rights under the Act as long as 20% or more of the other cotenants are relatives (or 20% of shares belong to a relative). Thus, the act has broad applicability in situations where heirs inherit a decedent’s real property.
If you need legal assistance with devising or inheriting property, call John Clarke Esq. at (305) 467-5560!
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Navigating Self-Defense Laws: Balancing Personal Safety and Legal Responsibility"
By Amy Zhang, New York University Class of 2024
October 1, 2023
The tragic incident happened on May 1st involving Daniel J. Penny, a U.S. Marine veteran, and Jordan Neely, a homeless man, on the New York City subway, has brought the topic of self-defense laws to the forefront of public discourse. The case underscores the complex and sometimes controversial nature of self-defense laws in the United States. While individuals have the right to protect themselves and others in threatening situations, the legal boundaries of self-defense can be challenging to define. This article examines the concept of self-defense, the varying laws across states, and the implications of recent cases like Penny's.
Self-defense is defined as “the use of force to protect oneself from an attempted injury by another”.[1] This concept acknowledges that individuals should not be punished for acting reasonably to prevent imminent harm. However, what constitutes "reasonable" action can vary widely depending on the specific circumstances and state laws.
Self-defense laws in the United States are primarily governed at the state level, resulting in a patchwork of legislation with significant differences. The two main approaches to self-defense laws are "stand your ground" and "duty to retreat."
Stand Your Ground: Some states have adopted "stand your ground" laws, which allow individuals to use force, including deadly force, without the obligation to retreat when facing a perceived threat. Florida's case involving Trayvon Martin brought national attention to these laws.
Duty to Retreat: Other states uphold the "duty to retreat" doctrine, which requires individuals to exhaust all reasonable means to avoid confrontation before resorting to force. In such states, using deadly force is typically only justified when there's no safe avenue of escape.[2]
Penny's case highlights the ambiguity surrounding self-defense laws. According to his lawyers, Penny believed he was acting in self-defense and to protect other passengers when he applied a chokehold to Jordan Neely, who was reportedly behaving aggressively. Penny's legal defense hinges on his perception of imminent danger and the absence of malicious intent. Regardless of the intent, Neely’s death was ruled as a homicide by the medical examiner’s office.[3] Whether or not his actions will be deemed legally justifiable remains the central question to the court. In June, he was indicted by the grand jury to be in connection with Neely’s death and was charged with criminally negligent homicide and second-degree manslaughter. However, Penny pleaded not guilty.[4] According his lawyer, all evidence seem reasonable and it’s most likely that they will argue with the self-defense claim.
One key element of a self-defense claim is the existence of an imminent threat. For a self-defense argument to hold water, Penny would need to demonstrate that he reasonably believed Neely posed an immediate threat[5] to himself or others on the subway. This assessment should consider the specific circumstances leading up to the altercation and whether there was a genuine fear of harm. Self-defense laws generally require that the force used in response to a threat must be proportional.[6] In other words, the level of responsive action used need to reasonably match the level of threat or danger that’s perceived. For Penny’s case, a chokehold is considered a dangerous and potentially lethal technique, so it's crucial to assess whether its use was proportionate to the threat posed by Neely. Additionally, New York has a "duty to retreat" doctrine, which means individuals are generally required to attempt to avoid confrontation and use force only as a last resort. Penny's lawyers would need to argue why retreating was not a viable option in this situation. Ultimately, the legal analysis of Penny's self-defense claim would involve a thorough examination of the specific facts, including witness testimonies, video evidence, and the prevailing self-defense laws in New York.
The Penny-Neely case has stirred a national debate on several fronts:
Vigilantism: Critics argue that self-defense laws can encourage vigilantism and untrained individuals to take the law into their own hands. There's concern that these laws may inadvertently escalate conflicts rather than de-escalate them.
Mental Health and Homelessness: Advocates highlight the importance of addressing mental health and homelessness issues as part of a broader strategy to reduce confrontations and violence in public spaces. The case raises questions about whether the legal system is equipped to handle individuals with untreated mental illness.
Legal Reform: The case also calls attention to the need for comprehensive reform and standardization of self-defense laws across states. Critics argue that a lack of uniformity leads to inconsistent outcomes and unequal justice.
The case of Daniel Penny and Jordan Neely highlights the complex interplay between self-defense laws, individual rights, and public safety. While the right to self-defense is a crucial aspect of personal freedom, its application can be fraught with uncertainty, given the variations in state laws and the subjective nature of perceived threats. Only through thoughtful analysis and reform can we hope to strike the delicate balance between personal safety and legal accountability. Penny’s next trial appearance would be on October 25th.
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[1] https://www.law.cornell.edu/wex/self-defense
[2] Ward, Cynthia. “‘Stand Your Ground’ and Self Defense.” William & Mary Law School Scholarship Repository. 2015
[3] https://www.nytimes.com/2023/06/14/nyregion/daniel-penny-jordan-neely-chokehold-indicted.html
[4] https://www.nytimes.com/2023/06/28/nyregion/daniel-penny-jordan-neely-subway.html
[5] Ward, Cynthia. “‘Stand Your Ground’ and Self Defense.” William & Mary Law School Scholarship Repository. 2015
[6]https://www.findlaw.com/criminal/criminal-law-basics/self-defense-overview.html#:~:text=Proportional%20Response,force%20to%20counteract%20the%20threat.
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Understanding Cybercrime Charges in Florida
Topics Covered:
Cybercrime is a serious offense in the state of Florida.
A hypothetical scenario of cybercrime in West Palm Beach.
Penalties and possible defenses in Florida.
A closer examination of Florida Statute 815.06, dealing with cybercrimes.
Cybercrime in West Palm Beach, Florida, has increased in recent years, mirroring the global trend of online offenses. As an entity focused on protecting the rights of individuals who find themselves tangled up in such cases, at LeRoy Law, we recognize the importance of clear, accessible information. We believe in shedding light on what cybercrime involves, the potential consequences of being charged with this offense in Florida, and the legal strategies that could be employed if such a situation arises.
The Crime: A Closer Examination
Let's imagine a situation involving Mr. Doe, a resident of West Palm Beach. One day, he receives an email appearing to be from his bank asking him to update his account details. The email, however, is not from his bank but from a cybercriminal. Unknowingly, Mr. Doe shares his credentials, which the cybercriminal then uses to drain his bank account. This is a classic example of phishing, one form of cybercrime.
Under Florida law, this criminal act falls under Florida Statute 815.06, which relates to unauthorized access to, or disruption of, computer systems, a severe offense in the Sunshine State.
Penalties for Cyber Crime in Florida
For those charged with cyber crime in Florida, the potential legal consequences can be severe:
A third-degree felony for offenses that don't result in harm or loss, punishable by up to 5 years in prison and a fine of up to $5,000.
A second-degree felony for offenses resulting in harm or loss is punishable by up to 15 years in prison and a fine of up to $10,000.
A first-degree felony if the offense affects critical infrastructure, punishable by up to 30 years in prison and a fine of up to $10,000.
Legal Defenses for Cyber Crime in Florida
Understanding the defenses available can be a lifeline for those charged with cybercrime. Here are a few that may apply:
Lack of intent: The defendant did not intend to commit a crime.
Authorization: The defendant had permission to access the computer or network.
Coercion or duress: The defendant was forced to commit the crime under threat.
Moving Forward: Trust LeRoy Law
If you or someone you know is facing charges for cybercrime in Palm Beach County, remember you don't have to face this alone. At LeRoy Law, we're here to stand with you, fighting for your rights and working to secure the best possible outcome. Don't hesitate to reach out to us here for a confidential consultation.
FAQ
1. What is the statute of limitations for cybercrime in Florida? The statute of limitations for cybercrime in Florida is generally three years for a felony. However, if the offense affects critical infrastructure, it may be classified as a first-degree felony, in which case no statute of limitations exists.
2. Can a cybercrime charge be expunged from my record in Florida? Expungement depends on various factors, including the nature of the crime, whether you were convicted or acquitted, and your overall criminal record. It's best to consult with a legal professional to explore your options.
3. What does a forensic computer analyst do in a cybercrime case? A forensic computer analyst collects, analyzes, and preserves digital evidence to support the investigation of cybercrimes. They play a crucial role in identifying the perpetrators and understanding the extent of the damage.
4. Can I be charged with a cybercrime if someone else used my computer to commit the offense? Yes, you can be charged if a crime was committed using your computer. However, your attorney can argue a lack of intent or knowledge, which may be a successful defense depending on the specific circumstances of your case.
5. How can I protect myself against allegations of cybercrime? Proactive measures include maintaining strong, unique passwords, using secure networks, and being cautious with the information you share online. If you're facing allegations, contacting a legal professional promptly is paramount.
Disclaimer: LeRoy Law tries to ensure the accuracy of this article. However, Florida Statutes change, caselaw changes, and as such, errors may occur. LeRoy Law assumes no responsibility for any errors or omissions in this article. LeRoy Law encourages you to utilize the links we provide to relevant Florida Statutes. Contact my office directly at [561.290.2730] if you have any questions or require legal assistance.
#WestPalmBeachCriminalAttorney#JoshLeRoy#LeRoyLaw#CyberCrime#CyberLawFlorida#FloridaCriminalLaw#CyberCrimeDefense#FloridaCyberCrimePenalties#CyberCrimeFAQ#FloridaCyberCrimeLaw
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Everything You Need to Know About The H1B Visa
What is the H1B visa? The H-1B visa is a nonimmigrant visa that temporarily allows foreign workers to work in the United States. Specifically, it is a dual intent visa, which means that the holder of an H-1B visa may also pursue permanent residency in the U.S. via a green card. To obtain an H-1B visa, an individual must be sponsored by a U.S. employer for a specialty occupation that requires specialized knowledge and skills. These jobs usually require a foreign degree and significant experience in the field. The H-1B visa petition must include a Labor Condition Application (LCA), which certifies that the employer will pay the H-1B worker the prevailing wage for that particular job. The H-1B petition must also be filed with the USCIS on the I-129 form. The visa application process can take several months, including an interview at the U.S. consulate or embassy in the foreign worker's home country. H-1B visa holders can stay in the U.S. for up to six years but can apply for extensions in certain circumstances. Overall, the H-1B visa is essential for qualified workers to gain valuable work experience in the U.S. However, obtaining an H-1B visa can be complex and requires the help of an experienced immigration attorney. Eligibility requirements for the H1B visa You must meet specific criteria to be eligible for an H1B visa. Firstly, you must have a job offer from a U.S. employer to sponsor you. Additionally, your job must fall under a specialty occupation, defined as a role requiring at least a bachelor's degree in a specific field. Furthermore, you must meet specific education or experience requirements to qualify for the H1B visa. Specifically, you must have at least a bachelor's degree in the field of your specialty occupation or equivalent work experience. You can prove your education or experience through academic transcripts or letters of recommendation from previous employers. If you have previous experience in the U.S. on an H1B visa, you may be eligible for an extension of your current visa or a new visa application process. Your previous employer must also meet specific requirements, including paying a prevailing wage and compliance with U.S. labor laws. Overall, the eligibility requirements for the H1B visa are complex and can vary depending on your situation. It's essential to work with a qualified immigration attorney who can help you navigate the visa application process and ensure that you meet all the necessary criteria. The Complete H1B Visa Application Guide: From Start to Finish Applying for an H1B visa can be a complex process, but with the proper guidance and preparation, it can be a relatively smooth experience. Here are the basic steps to follow when applying for an H1B visa: - Find an H1B sponsor: To apply for an H1B visa, you must first secure a job offer from a U.S. employer willing to sponsor you. The employer must also be ready to go through the H1B visa application process on your behalf. - Collect the necessary documentation: Once you have found a sponsor, you must gather all the required documentation for your H1B visa application. This may include your educational transcripts, resume, and proof of work experience. - File the Labor Condition Application (LCA): Before you can file your H1B visa application, your employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor. This document outlines the terms and conditions of your employment, including your salary, job duties, and working conditions. - Complete and submit your visa application: Once the LCA is approved, you can begin filling out your H1B visa application. This will include completing the required forms, submitting your supporting documentation, and paying the necessary fees. - Attend your visa interview: After submitting your application, you will be scheduled for a visa interview at the U.S. consulate or embassy in your home country. You will be asked questions about your background, education, and work experience during this interview. - Wait for your visa to be approved: After your interview, you must wait for your access to be processed and approved. The timeline for this can vary depending on your circumstances, but it typically takes several weeks to a few months. By following these steps and working closely with your employer and immigration lawyer, you can increase your chances of a successful H1B visa application. Remember that the visa application process can be lengthy and complicated, so it’s essential to start early and be patient throughout the process. H1B visa application process and timeline The H1B visa application process can be lengthy and complex, but it's essential to understand each step to ensure a successful outcome. - Labor Condition Application (LCA): Before applying for an H1B visa, an employer must obtain certification from the Department of Labor through a Labor Condition Application (LCA). This process ensures that the employer will pay the prevailing wage and not negatively impact US workers. - Filing the H1B Petition: After obtaining LCA certification, the employer must file an H1B petition with the US Citizenship and Immigration Services (USCIS). This petition includes documents such as the employee's educational credentials, job description, and salary offer. - USCIS Processing: The USCIS will review the H1B petition and may request additional information. The employee will receive an I-797 Notice of Action if the petition is approved. If it's denied, the employer can appeal the decision. - Consular Processing (If Applicable): Employees outside the US must go through consular processing to receive their H1B visa. This involves interviews at a US embassy or consulate in their home country. - Travel and Arrival: Once the H1B visa is issued, the employee can travel to the US to begin working. The visa typically allows for multiple entries and lasts for three years, with the option to extend for an additional three years. The timeline for the H1B visa application process can vary greatly, with some applications taking months to be approved. It's essential to work with an experienced immigration attorney to ensure a smooth and timely process. H1B visa fees and costs Just like any visa application, there are costs and fees associated with obtaining an H1B visa. The prices and expenses of the H1B visa can vary depending on various factors, including the specific employer sponsoring the applicant and whether or not the applicant is considered a cap-exempt employee. The first fee associated with the H1B visa is the base filing fee. This fee is currently $460 and must be paid by all H1B applicants. In addition to the base filing fee, several other fees may be required. For example, employers sponsoring H1B applicants must also pay an additional $500 fee if they have fewer than 25 employees or $1,500 if they have 25 or more employees. Additional fees may also be required for premium processing or other exceptional circumstances. In addition to these fees, several other costs are associated with obtaining an H1B visa. These may include expenses for preparing and submitting the application and costs associated with getting the necessary documentation and evidence. Applicants may also need to pay for medical exams, background checks, and other related expenses. The costs associated with obtaining an H1B visa can be substantial. However, for many applicants, the benefits of getting an H1B visa, including the ability to work in the United States and the potential for long-term career opportunities, make these costs well worth it. As always, it is essential to consider all the fees and expenses associated with any visa application process before deciding whether or not to pursue this path. Potential challenges and drawbacks of the H1B visa While the H1B visa offers numerous benefits, it has challenges and disadvantages. Below are some of the potential obstacles that H1B visa holders may encounter: - Visa Application Process: The H1B visa process can be lengthy and complicated. From finding a sponsor employer to filing the necessary paperwork and attending interviews, it can take several months to secure an H1B visa. Additionally, the visa is subject to an annual cap, which means a limited number of tickets may be available in any given year. - Dependence on Employer: H1B visa holders are tied to their sponsoring employer, which can limit their job opportunities. If the visa holder loses their job or wants to switch to a new employer, they must find another employer willing to sponsor their visa or leave the country. - Uncertainty of Renewal: H1B visas are typically granted for three years, with the possibility of renewal for another three years. However, there is no guarantee that the visa will be renewed, which can cause uncertainty and anxiety for visa holders. - Limited Travel: H1B visa holders must stay employed with their sponsoring employer to maintain their visa status. This can limit their ability to travel or take time off from work. - Immigration Status for Dependents: Dependents of H1B visa holders, such as spouses and children, may also face challenges in obtaining their immigration status. This can make it difficult for families to stay together in the United States. While the H1B visa offers numerous benefits for skilled foreign workers, one must know the potential challenges and drawbacks before pursuing this visa option. By understanding the visa application process and potential obstacles, visa holders can better navigate their visa journey and make informed decisions about their future. What are the benefits of an H1B visa? The H1B visa provides several benefits for the employee and the employer. Firstly, it allows highly skilled workers to work in the United States for a specified period, usually three years, with the possibility of extension for up to six years. This allows the employee to gain valuable work experience and exposure to a different culture, which can help in career growth and advancement.Another benefit of the H1B visa is that it allows the employer to hire foreign workers with specialized skills that may be difficult to find in the U.S. job market. This helps companies to fill critical positions and remain competitive in a global market. Hiring foreign workers can also bring diversity to the workplace, leading to more innovation and creativity.Moreover, the H1B visa also offers the option for the employee to bring their spouse and children to the United States on an H4 dependent visa. This enables the employee's family to live and study in the U.S. during the duration of the key.Lastly, the H1B visa application process is relatively streamlined, and once approved, it provides a work authorization tied to a specific employer. This allows the employee to work for that employer in the U.S. without needing to go through the visa application process again. The H1B visa benefits highly skilled workers and their employers. It offers a unique opportunity for career growth, helps to fill critical positions, brings diversity to the workplace, and provides a relatively simple visa application process. What are the drawbacks of an H1B visa? Despite its numerous benefits, the H1B visa has a few potential drawbacks that prospective applicants should be aware of before deciding to pursue this type of visa. One significant drawback is the extensive Visa Application Process and the long waiting time applicants must endure. With thousands of applications being submitted yearly, the process can be lengthy and time-consuming. Additionally, H1B visa holders are typically tied to a single employer, meaning they cannot easily switch jobs or pursue other employment opportunities without going through a new application process. This can limit their career advancement and personal growth, making them feel stuck in a single position. Furthermore, H1B visa holders may experience difficulty obtaining permanent residency status. As the H1B visa is temporary, holders are expected to leave the US once the visa expires or when their employment contract ends. This can be a source of anxiety and uncertainty for visa holders, who may be uncertain about their future in the country. Lastly, H1B visa holders may face social and cultural challenges, such as language barriers, isolation, and difficulty adjusting to a new way of life. This can affect their mental and emotional well-being, leading to stress and burnout. FAQ'S Yes, an H1B visa holder can apply for a Green Card (permanent residence) while working in the U.S. The employer can sponsor the H1B holder for a Green Card by filing a PERM Labor Certification petition. The individual must meet the eligibility requirements and complete the necessary steps to obtain permanent residency. Yes, immediate family members (spouse and unmarried children under 21 years old) of an H1B visa holder can accompany them to the U.S. They can apply for H4 dependent visas, which allow them to reside in the country for the same duration as the H1B visa holder. Yes, there is an annual cap on the number of H1B visas that can be issued. As of my knowledge cutoff in September 2021, the regular cap is set at 65,000 tickets, with an additional 20,000 keys available for individuals with advanced degrees from U.S. universities. However, immigration policies and visa quotas may change over time. No, there are no country-specific limitations or quotas for H1B visas. However, due to the high demand for H1B visas from certain countries, such as India and China, individuals from these countries may face longer wait times due to visa backlogs. Yes, you are changing jobs while on an H1B visa is possible. However, the new employer must file a new H1B petition on your behalf, which must be approved before you can start working for the new employer. It is advisable to consult an immigration attorney to ensure a smooth transition. Read the full article
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ABCs OF H-1Bs (THIS IS PART III OF AN VIII PART SERIES): WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The employer should be extremely cautious in making attestations on the LCA and complying with the regulations governing it. Knowingly and willingly furnishing any false information in the preparation of the LCA and any supporting documentation, OR even aiding, abetting, or counseling another to do so is a federal offense, punishable by fine or imprisonment up to five (5) years or both. Other penalties may also apply to the fraud or misuse of the LCA and to the perjury with respect to the ETA 9035.
Where and When Should Employers Post Notice of the LCA?
The notice requirement of an LCA mandates that employers post notice of their intent to hire nonimmigrant workers. An H-1B employer must provide notice of the filing of an LCA. When there is a collective bargaining representative for the occupation in which the H-1B worker will be employed, the employer must provide such notice to that collective bargaining representative by way of a copy of the LCA or other document which contains all the required information.
When there is no bargaining representative, the employer must provide such notice in one of the two following manners. A hard copy notice of the filing of the LCA must be posted in two conspicuous locations at each place of employment where any H-1B nonimmigrant will be employed (whether such place of employment is owned or operated by the employer or by some other person or entity). Alternatively, the electronic notice of the filing of the LCA may be posted by providing electronic notification to employees in the occupational classification (including both employees of the H-1B employer and employees of another person or entity which owns or operates the place of employment) for which H-1B nonimmigrants are sought, at each place of employment where any H-1B nonimmigrant will be employed. Further, the H-1B employer is required to post notice on or within 30 days before the date the labor condition application is filed and should remain posted for a total of 10 days.
In situations involving H-1B workers working at end-site users (third party placements), it is the duty of an H-1B employers to post the notice of filing of the LCA at the secondary sites. Even if the H-1B employer makes a good faith attempt to post notice but the end-site user refuses to post notice at its worksite, the H-1B employer will be found to have substantially and willfully violated the law. The end-site users have no obligation under the Act to post the notice.
Additionally, the posting requirement mandates that employers note and retain the dates when, and locations where the notice was posted and to retain a copy of the posted notice.
Additional Obligations for H-1B Dependent Employers and Willful Violators.
An employer is considered H-1B dependent if it has: 25 or fewer full-time equivalent employees and at least eight (8) H-1B nonimmigrant workers; or 26 - 50 full-time equivalent employees and at least 13 H-1B nonimmigrant workers; or 51 or more full-time equivalent employees of whom 15 percent or more are H-1B nonimmigrant workers.
An employer whose dependency is not readily apparent or is on the borderline may use the “snap- shot” test. The snap-shot test requires a comparison of the total number of all H-1B workers to the number of the total workforce (including H-1B workers). If a small employer’s snap-shot calculation shows that the employer is dependent, the employer must then fully calculate its dependency status. If a large employer’s calculation exceeds 15 percent of its workforce, that employer must fully calculate its dependency status.
The employer is a willful violator if the employer has been found at any time during the past five (5) years preceding the date of the application (and after October 20, 1998) to have committed a willful violation or a misrepresentation of a material fact (two of the Labor Condition Application (LCA) attestations). A willful violator employer must comply with additional attestations under any LCA it files within five (5) years of the finding of a willful violation. The only exception is when an LCA is filed for and used exclusively for exempt H-1B workers.
H-1B dependent employers and/or willful violators must attest that they have not displaced a U.S. worker at the time of filing an H-1B visa petition. Additionally, H-1B dependent employers and/or willful violators are required to make displacement inquiries. Displacement inquiry is an obligation of the H-1B dependent employers and/or willful violators when they desire to place an H-1B nonimmigrant with another/secondary employer where there are indicia of an employment relationship. Further, such employers must attest that they have taken good faith steps to recruit U.S. workers, and that the employer offered the job to any equally or better qualified U.S. worker who applied for the job for which the H-1B worker is sought.
An Employer’s Duty to Keep Records of Wages Paid to H-1B Employees.
The Act also provides that the LCA, filed by the employer with the DOL, must include a statement to the effect that the employer is offering to an alien status as an H-1B nonimmigrant, that wages for H-1B visa holders are at least equal to the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or the prevailing wage level for the occupational classification in the area of employment, whichever is higher, based on the best information available at the time of filing the application.
Decades back while addressing a claim brought under the Fair Labor Standards Act, the United States Supreme Court in a landmark decision held that once an employee shows that he has performed work and was not properly paid for it, and he produces sufficient evidence of the amount and extent of work as a matter of just and reasonable inference, the burden shifts to the employer to produce evidence of the precise amount of work that was performed or evidence to negate the inference created by the employee’s evidence. The Court explained that it is the employer’s duty to keep precise records and that such a burden should not fall on the employee and bar the employee from recovery when such records cannot be produced.
Thus, acting on the sufficient evidence produced by the employee, if the Administrator of the Wage and Hour Division (WHD) establishes that the employer has failed to properly compensate the H-1B nonimmigrant worker then the employer bears the burden of establishing the existence of circumstances that warrant the wages not being paid or benefits not being offered, by a preponderance of the evidence. Failure to do so would result in the employer being held liable for the payment of back wages and other financial remedies.
Back Pay Liability Not Subject to One-Year Statute of Limitation.
DOL accepts complaints by aggrieved persons or organizations or through its own initiated investigation relating to misrepresentation or failure of the employer to meet the conditions stated in the LCA. An aggrieved employee has 12 months after the latest date on which the alleged violations were committed to file a complaint; however, this Statute of Limitations does not apply to an employer’s back pay liability.
If the employer fails to pay an H-1B worker the “required wage,” it can be ordered to pay back pay or make-up the deficiency. The regulations require the WHD Administrator to determine whether an employer has the proper documentation to support its wage attestation. The Administrator may contact the Employment and Training Administration (ETA), a part of DOL, to get the prevailing wage. The regulation is permissive, and the ETA’s determination is merely an option that the Administrator can use in its investigation. If the employer fails to support, through proper documentation, how it arrived at the prevailing wage level, the Administrator can use the employer’s Letter of Support and I-129 Forms submitted to the United States and Citizenship Services (USCIS) for the approval of H-1B petition in determining whether the employee was appropriately classified at the specific wage level.
Civil Money Penalties for H-1B Violations and Debarment for Non-Compliance.
The WHD Administrator may assess Civil Money Penalties (CMPs) not to exceed $5,000 per violation for a willful violation pertaining to wages. The Administrator may also assess a penalty not to exceed $1,000 per violation for displacement of U.S. workers, a substantial violation pertaining to notification, labor condition application specificity, recruitment of U.S. workers, or a misrepresentation of any material fact on the LCA.
The regulations require the Administrator to consider seven factors for the assessment of CMPs: (1) Previous history of violation, or violations, by the employer; (2) The number of workers affected by the violation or violations; (3) The gravity of the violation or violations; (4) Efforts made by the employer in good faith to comply with the provisions of the law and regulations; (5) The employer’s explanation of the violation or violations; (6) The employer’s commitment to future compliance; and (7) The extent to which the employer achieved a financial gain due to the violation, or the potential financial loss, potential injury or adverse effect with respect to other parties.
Moreover, the regulations state that an employer that willfully fails to pay wages shall be debarred for a period of at least 2 years. Further, a substantial failure to provide notice may result in a one-year debarment. Additionally, an H-1B dependent employer’s failure to make a displacement inquiry may result in one-year debarment. Last but not the least, an H-1B employer’s ignorance of the INA’s requirements or contention that non-compliance was due to an attorney, or an employee will not excuse non-compliance.
The prospect for debarment for an H-1B employer is scary. Debarment is a very strong deterrent from non-compliance since debarment strikes at the very heart of an H-1B employer’s livelihood. H-1B employees are necessary to generate the income that allows “body shops” to exist.
For more information about the H-1B nonimmigrant work visa process or to consider H-1B nonimmigrant work visa options, the immigration and nationality lawyers and attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. invite you to visit them on the web at www.visaserve.com or to email them at [email protected] or to call the firm at 201.670.0006 (x104).
#immigration#h-1b#visa#green card#perm#h-1b visa#uscis#india#usa#bestimmigrationlawyer#policy immigration immigrationlawyer h1b greencard#h 1b visa transfer#us#e 2 fragomen#daca dream act green card immigration forum#green card from marriage to a us citizen#best immigration consultants#canadian immigration#e 2 investor#canadianimmigration#h 1b professional visa#k-1#fiance#lawyer canada immigration
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Transgender Identity
Is transgender identity rooted in sin. The short answer is yes, it is. Which law in the Ten Commandments does it break? It breaks the law that says, “You shall not covet your neighbor’s house; you shall not covet your neighbor’s wife, nor his male servant, nor his female servant, nor his ox, nor his donkey, nor anything that is your neighbor’s.” You might not think this law applies to transgender identity, but allow me to explain.
First the meaning of covet is to wish for earnestly, or to desire (what belongs to another) inordinately or culpably. Synonyms for covet are; desire, wish, want, and crave. Desire stresses the strength of feeling and often implies strong intention or aim. Wish sometimes implies a general or transient longing especially for the unattainable. Want specifically suggests a felt need or lack. Crave stresses the force of physical appetite or emotional need.
Second is when most people start to experience transgender identity issues. Many people claim they were born the wrong gender, or will say they have always felt this way. Unfortunately transgender identity issues in most cases do accrue in early childhood development before long term memory capabilities are fully established. Most people can not remember most things from before the age of three or four years old.
During those development years many influential people can come and go in that person’s life. There can be movies, tv shows, commercials, billboards, or magazine covers focusing or highlighting someone’s physical beauty or strength, and depending on the reaction of their peers or family members it can influence the young child’s mind.
Children these days are often love and attention starved, and their emotional development is thrown into survival mode. They become more aware of who gets the love, attention, and acceptance, and start to emulate those characteristics found in others. They are not aware of the problem itself, but instead are trying to remedy their situation the best they can at their young age. For they are coveting the love and attention that is being given to someone else.
You might be saying to yourself, “that is ridiculous!”. For little children do not break the Ten Commandments. Stop and consider a toddler for a moment. How many things do toddlers do that a parent or guardian has to teach them not to do? For toddlers take things that do not belong to them. They learn to lie. They can be violent towards other children. That is to mention only a few things. For children do not come out saints, but are trained to become well behaved over time.
The third thing that people who are transgendered often experience is a since of confusion, lack of self worth / low self esteem, or self hatred. When we explore who God is in the scriptures we see He is not the author of confusion, but of peace as stated in 1 Corinthians 14:33. Therefore the confusion that those who suffer with transgender identity experience is not of God their Maker, but of the enemy of their soul who seeks to destroy them. For the enemy is so cleaver in his tactics that he makes his victims think it is their idea when in it is not.
Many Christians believe that transgender identity comes from demonic influences, and in part that could be correct. However, for demons or the devil himself to be able to tempt someone their must first be an underlying desire to play on. For example the first sin in the garden was set up this way. There was a desire to know more, and it was used against her. At the last supper Judas was tempted by the devil to go sell out Jesus’s whereabouts to the Pharisees for money. Money grabbing however was common for him, and the devil used his desire to destroy him.
There are curses that have been inflicted upon people causing them to fall into transgender identity or to become homosexuals. For I have heard of an ex-satanic priest who came to Christ speak on such things.
Those who are suffering from transgender identity are always trying to find relief and acceptance from those around them. They believe that if they were someone else they would be accepted and loved by others. Unfortunately, in most cases gender reassignment surgery does not fix this, but only causes more emotional damage to accrue.
Another factor about those who act out their transgender identity is they become a walking lie. They are a deception to others due to dressing as the opposite gender, and manipulating their bodies through various surgeries to look like the opposite gender.
Because their genetic code is a male and they get surgery to look like a female or a female who looks like a male and gets married, their marriage is not a biblically sound marriage but rather a homosexual one. For the scriptures speak against such things.
Transgender identity is an emotionally charged mental health condition that needs to be treated as such. It should not result in self mutilation or self harm, nor should it be celebrated as it is in our culture today.
If you are suffering from transgender identity issues or are a homosexual Jesus can heal you and give you the right desires. You must first come to Him and give Him your life, then in true desperation plead with Him to free you from these things and He will do so. For it is His desire for all of us to live holy lives before God, and to be free of the bondage of sin.
#bible#jesus christ#christianity#scriptures#jesussaves#biblescripture#prayer#transsexual#transgender#gender identity
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have you talked already about how batmans no killing rule reflects jewish views on justice? i would love to hear it!
hey anon! I totally forgot to do that, didn’t I?
If you’ve read my other Batman/Judaism post, I argue about the canonical likelihood that Bruce is considered halachically Jewish, though most likely does not view himself as such. You can check that out here, as well as some comic panels that suggest a slight cultural Jewish influence (here).
So, how exactly does Batman’s “no killing” rule reflect Jewish views and teaching on the concept of Justice?
One of Batman’s most famous characterizations is his refusal to kill. Though it wasn’t always present (hello guns and killing of the early Batman comics!), it’s come to shape Bruce’s personality and, in the words of Medium, makes him “a much more complex character than one who has no limits.”
Batman doesn’t kill criminals. He might injure them severely, but never to the point of (immediate) death. Inextricably tied to this rule is his refusal to use guns, likely because of his own parents’ deaths in Crime Alley. This is slightly subverted in BvS, but still largely holds true throughout his history.
So what does this have to do with Judaism?
Modern interpretations of Jewish teachings on the subject of violence are just as interesting and complex as Batman. Just like Bruce’s rules, Judaism holds a capacity for both extreme violence, and the teachings of nonviolence and the pursuit of peace.
To quote wikipedia, since my days in hebrew school were long ago, this principle can be stated as "(wherever) Jewish law allows violence to keep an evil from occurring, it mandates that the minimal amount of violence be used to accomplish one's goal."
And, again, like Bruce, within Jewish teachings, the “shedding of blood (shefikhut damim) is the primeval sin (Gen. 4:8) and throughout the centuries ranks in Jewish law as the gravest and most reprehensible of all offenses.”
Essentially, one should deescalate a situation using the least amount of violence possible, and reserve killing as the absolute last option. Sounds about right for Batman?
Interestingly, Talmudic teachings also make a distinction between killing in self-defense or in defense of another's life (supra) and killing in the preservation of life (pikku'aḥ nefesh) in general. The first is acceptable under (some, debatable) circumstances, while the latter is forbidden.
So, unlike other super heroes (looking at you, Green Arrow), Batman does not justify broader killings in the name of “saving” Gotham. In a way, he already reflects a rejection of pikku'aḥ nefesh by weighing every criminal’s life as sacred, essentially on a case-by-case basis.
In other words, no singular life is worth the overall betterment of Gotham. To claim so would put him on the further path of killing (a fear of his) and into the grey world of pikku'aḥ nefesh.
Was this characterization intentional?
It’s hard to say. Batman’s creators were indeed Jewish, but as stated above, the transition from killing/guns to absolutely no killing/guns didn’t happen immediately.
It’s also hard to make an argument of it being an intentionally Jewish-coded trait when Old Testament teachings undoubtedly influence modern, Christian creators and readers. Yet Talmudic teachings are not included in the Christian version of the OT, and the OT is quite arguably not a copy of the Torah itself.
Conclusion
Batman’s “no killing” rule reflects a core tenet of (ever-evolving) Jewish teachings, which forbids the act of killing with minimal exceptions.
Whether or not this was intentional, Bruce’s aversion to killing in the name of a better Gotham clearly reflects the divisions between killing in self-defense or in immediate defense of another's life (supra) and killing in the preservation of life (pikku'aḥ nefesh).
Dovetailing this is the concept of minimal violence, which Bruce may or may not adhere to, depending on the reader. Does beating the shit out of a criminal affect that criminal’s ability to commit acts of evil at a level of violence that is unreasonable for the situation?
Again, it’s open to interpretation, which is a very Jewish saying. And again, the saying “two jews, three opinions” applies here: I am just a lowly reform Jew with minimal Talmudic familiarity under my belt, and I certainly don’t speak for everyone on this topic.
However. The inherent Jewishness of characters or their moral codes within the DC universe (often thanks to Jewish creators) is important to me, and I think more folks should know about its roots!
I welcome any and all questions/criticisms! Thank you, Anon <3
#batman#jewish bruce wayne#jewish batman#batman's no killing rule#more on how jewish views on justice are reflected in batman's no killing rule later#bruce wayne#dc#dc comics#me ranting#sloppy first drafts of thoughts#asks#anon#thanks anon
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Justice (XI)
A woman sits on an impressive throne between two grey pillars. She is dressed in a red robe and green mantle. A veil hangs between the two pillars which reminds us of the veil in The High Priestess. The woman holds a balanced scale in one hand and an upright sword in the other. One white shoe is visible under the red robe.
The Justice card represents exactly that, Justice. She appears in a reading to remind you that you are at a point in your life where you exactly deserve to be. The laws of Karma apply right now. You are reaping exactly that which you sewed. The scales are balanced and the situation has turned out just as it should. You must take full responsibility for where you are now, for all your preceeding actions, thoughts, ideas and deeds have brought you to where you are now. If your honest with yourself you will accept this and address the situation or make amends.
Here you stand before the Judge, but in reality the Judge and Jury are both yourself. You may lie to others and pretend to be something you are not but you are only fooling yourself. The Justice card is compassionate though. Her upright double-edged sword, only one of two in the Tarot (the other being the Queen of Swords) shows us that she understands the duality in life, that there are two side two sides to the story. Her double-edged sword also reminds us that there are consequences for everything we do in life. No one can escape her Spiritual Court of Law. No one can hide the truth. The scales are balanced and The Justice card is both judge and jury. There is no getting away with the crime and blaming someone else. The finger is pointed at you and no one else. You are the orchestrater of your own life and so are responsible for each decision made and each action taken.
When you stand before Justice she looks straight at you and through you. She demands to hear your side of the story, your version of the facts. She will tolerate no lies and no trying to offset the blame for her sword has the ability to pierce through any obstruction in search of justice as it pierces through to the heart of the matter and the truth. Her one white shoe reminds us that she has pure motives and intentions. She is not here to make your life miserable or to let you off with the crime. She doesn’t have to, you have done it all to your self for good or bad, she is just here to remind you of your Spiritual Purpose and help you take stock of your life so far. Her job is to hear the story from both sides and then make a fair and just decision.
In The Wheel of Fortune Reversed, you may not have been too happy with your circumstances but Justice reminds you that you either have something to learn from it or is simply a result of all you have done to date. You must consider the result of your actions when Justice appears because your very future depends upon it. If you plead guilty now and vow to sort yourself out and make amends then all is not lost, but if you deny or attempt to pass the blame onto someone else then the full power of the laws (karma) will be come into effect.
The Justice card along with the Empress and the Queen of Pentacles represents the Sun Sign of Libra. Part of the challenge Librans face in life is to take responsiblity for their circumstances instead of trying to blame others.
MEANING
When the Justice card appears it can mean that whatever situation you are in at present is turning out just as it should. Generally, when Justice is Upright it means that things are turning out in your favour. If you have been working very hard towards a goal then the Justice card will indicate that your hard work is about to pay off. You are exactly where you are meant to be at the moment and everything is in Divine Order.
It is a time for you to sit down and think about your lot and what you have said and done. Be honest with yourself first and then be honest with those around you. It is time for you to account for your actions. Are you worried about been judged unfairly by others? You may be surprised to find that they will be on your side once you give them the full truth and facts.
As Justice is strongly associated with Courts and Law, legalities of all kinds may be indicated. You may be signing contracts or documents, signing on a house, business or even a marriage contract. A settlement may be made in your favour. Court cases, lawsuits or investigations may be ongoing. However, when Justice is Upright she generally suggests that Legal proceedings should go in your favour once you are honest and upfront. If you have tried to conceal the truth or blame another, you may get away with it but not forever. The Wheel will eventually turn and come full circle. You may find yourself back in court again or worse. The judge may not be so lenient the next time.
If you are in a relationship then the appearance of Justice in a reading would indicate that you are being totally honest with your partner or that you take full responsibility for where the relationship is right now. Marriage may be is indicated but look for a couple of other cards for confirmation such as the two, ten, three of Cups and Lovers card.
If Justice is found with the Six of Wands a very successful triumphant outcome is suggested.
Justice in a reading may simply represent a person or career such as a judge, lawyer, solicitor . Justice and her scales can literally mean that you are balancing your accounts, your checkbook or your taxes. You may just be trying to sort things out in your life and the other cards surrounding Justice will give you evidence of such things.
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