Unfortunately, that turned out to not be such a good strategy for me. Though I was given a low rate on the front end, the processor was charging me (and I think this is an industry standard) one or two months later for “interchange rates.” So months after the transaction, another fee would appear – meaning that low interest rate wasn’t really so low and it was impossible to figure out what I really paid.

When I called up the processor (Merchant Express), it got worse. Seems those interchange fees are fees the bank pays to their customer when the customer uses a rewards card. Crazy, but us merchants are subsidizing and paying for the bank to offer a special rewards program! So if Bank of America offers you a toaster for 60,000 points, I’m actually paying for it and not Bank of America. I think that’s B.S. and I’m really surprised the merchants haven’t revolted – it revolts me to pay for someone else’s advertising.

Here’s an excellent article on cracking the credit card processing code.

Misleading Credit Card Fees is a post from: Austin Attorney

These positions were not possible previously, with widespread social reform needed to bring about this change. In previous years, women were only allowed to work on the family farm, or be a teacher, rather than being afforded experience in practical situations. Women were expected to be married by the end of their teenage years, and were overlooked in conversations as being unable to contribute anything valid. When elections were first started, women were not allowed to vote, they were barely allowed the right to run their own homes.

As society has progressed, we have seen women moving from the back of the line, to the front of the public eye, occupying more and more positions of authority and respect. More women now than ever are working outside the home, and proving their own worth without a man to hold them up. Many women are even choosing to not get married, as well as not have children, although experts are suggesting this will have implications for future generations.

With the push towards women’s rights, there has also been pushes towards expanding the rights for the lesbian community. More women are stepping forward to fight for the rights that they are owed and due, alongside those already afforded to the male homosexual community. Women have been taxpayers for as long as men have, at the same rates, and there are daily battles and struggles to overcome the problems and oppression that women are faced with, especially within the homosexual community to level this unfairness.

Even in today’s society and the move away from sexism there is still a notable difference in the amount of money a man earns compared to the amount of money a woman earns for the same job. This is regardless of experience, training, and education, as many employers still feel women lack the competence to work within a competitive environment. There are always major differences in the way issues are handled and there seems to be new differences appearing each and every day.

How society adapts is the important part, we are on the brink of the first woman in history winning a democratic party bid for the Presidency and this makes a wonderful time for women. We are in the days, weeks, months and years following the Clinton presidency, and since then, Hillary Rodham Clinton has set an exception example for women by stepping out from behind her husband’s shadow and making a name for herself in the political arena. With her impact on the forthcoming Presidential elections still unknown, it will be interesting to see the effect this has on women’s rights both domestically and across the world.

Women are fighting and struggling each and every day to prove their worth, but with each day that passes a small victory for women’s rights, we are proving each and every day that we are a force to be dealt with. Many people are eagerly awaiting the day when men and women are truly treated as equals. It might be 2 days from now or perhaps 20 years from now, but it is a work in progress and will be accomplished. By working together with the community as a whole, and avoiding a destructively defensive view point, women can promote their interests, as can men, to create a truly equitable environment.

Women’s Rights is a post from: Austin Attorney

Limited liability in general means a sacrifice of privacy in return for the benefit of limited personal liability. In layman’s terms, this means that the company promoter is not personally liable for any of the company’s debts, thus encouraging risk and promoting enterprise. For most small businesses, it is a lifeline, and without it the economy would level out and stifle with fewer new start-ups each year. At the back end, however, these businesses leave behind a trail of debts that ultimately result in financial loss for lenders and those that operate on credit terms. This raises the general question of whether limited liability as a creation is fair for the creditors it so apparently prejudices?

Limited liability has given life to companies across the world, by providing the reassurances necessary to entrepreneurs to take the risk, safe in the knowledge that personally speaking they should come out unscathed. From this, more companies have grown and flourished, which has led to more jobs and better state welfare for virtually all capitalist economies. The strength of this function has gone a long way towards building the great superpowers, and is seriously underestimated as a legal construct.

Limited liability leaves a gap in the pockets of those companies that lend money or offer their customers credit terms during the course of their business. As a consequence of the promoter’s ability to walk away with his hands clean, many businesses find the squeeze of bad debts too severe, and end up having to take on credit of their own to meet the shortcomings. In theory, limited liability leaves creditors in a weak situation, with relatively limited powers to regain the full amount of any monies due.

In reality, limited liability doesn’t operate in that way. Of course, many businesses go under every year as their owners walk free of encumbrance, but generally speaking the economic world does not work between insolvent companies. However, the flexibility allowed by limited liability has meant debt in a sense has become effective currency, and has helped businesses to survive during tough times, and to seek the financial help necessary without the appropriate risk.

Limited liability might be seen as slightly unfair at the razor’s edge, but it works all round to ensure that everyone has access to credit and the benefits of limitation of damages when it is necessary. Ultimately, it promotes a more competitive, lower-risk environment within which business can flourish and economies can grow and multiply, providing jobs and economic strength to nations embracing its basic form. As legal fictions go, the limited company has undoubtedly prove itself to be one of the most popular ever created, and its growth looks set to continue as it is developed and refined across the world.

The Fairness of Limited Liability is a post from: Austin Attorney

The death toll from the massacre has risen to over 30 killed and more than 20 wounded. This is aside from the emotional damage that has been caused to the hundreds who are left grieving in the wake, and those who experienced first hand the trauma of the event. How can such events really be avoided? Is it possible to avoid such tragedy with firmer gun laws?

What about the programs that offer rewards in the form of video game systems, computers and even cash in exchange for turning guns into the police? Are these programs effective? In order to truly control guns, there has to be consensus around the country where everyone agrees that it is time for a change and the change occurs quickly, and without opposition. Gun laws are clearly too lax, and our country needs to take action to avoid scenes like those in Virginia from reoccurring.

The chances of something such as this happening are almost impossible. Neither side of the political arena can agree with the other side about what appropriate gun control is, and with many residents of the United States being avid hunters whom use riffles and shotguns on an almost daily basis, it makes it very difficult to control all of the actions and movements that occur.

Consider that many weapons used in crimes are illegally obtained; it makes it very difficult to determine how effective the stiffer gun laws would really be. With a new Presidential Primary due to start in the near future, it will seem as if there will be much heavy debate over how to control the flow of guns into the hands of those who are dangerous, or potentially dangerous.

Facts remain, that while the election is likely to focus on this issue, there is still the issue of preserving the Constitutional right to “bear arms” as long as it is done legally, and those who already have the weapons currently can potentially be just as dangerous as those looking to purchase the guns in the future. We are left with the task of trying to avoid the tragedy as much as possible.

Colorado stepped up to the plate with a swift action enacting much stiffer gun laws after the Columbine school massacre in which two teenage boys entered their school donning trench coats and heavy weapons leaving a wake of blood and fallen students in the path. Colorado decided to avoid future incidents and enact the tougher laws. It is suspected that Virginia will follow in this path. The fate of the country rests in the hands of those elected to the public offices to help determine exactly how far gun control should go, and how the changes should occur.

Gun Control Under Debate is a post from: Austin Attorney

For some people, they feel as though the law is there merely to protect their interests, and that they have no need for daily interaction. However, they assume that if the day comes where their behaviour is called into question, the law will operate, the course of justice will be run, and the will of the people will be fulfilled. This is perhaps a na�ve interpretation of the function of law, and indeed the way it operates in our lives throughout the day. For instance, at the top level we have the constitution, establishing parameters within which the government can and cannot act to protect the citizens of our nation. That has an overwhelming effect on the way in which our government and indeed our country is run, which has a knock on effect on everything we do throughout the day and how we do it. Even at a local level, the law interacts with the services we are provided, the jobs we work and pretty much everything to do with the lives we lead. A distant concept? I don’t think so.

The law does not just operate in criminal spheres, nor is it confined to merely constitutional matters and the distribution of power. Law is a significantly more sophisticated tool in the orchestration of the day-to-day organisation of society, through regulating not only personal conduct but also the way we act in business situations. Take for example the everyday task of boarding a train. The law regulates many aspects of this feat: (1) the criminal law and the constitution permits us to board public transport. (2) The constitution permits us to make contract with another. (3) The laws of contract permit us to form a contract for transport with the train company, and ensure that that contract is fulfilled. (4) The laws of contract and tort allow us to board without fear of injury, or with remedy should the worst happen. Finally the law of ownership and currency allows us to hand over money in consideration for this service, which is of value to the other contracting party. In fact, the law regulates just about everything we do, and is vital in doing so to ensure the smooth running of community and every aspect of our lives.

The law is not some abstract notion that can and will protect us when we need to rely on it. The law is an integral part of democratic life, and something which regulates our conduct, and in essence allows us to act according to our own desires within reason. Some may think the law is too restrictive in certain areas, but it works. The law serves its function as regulating our behaviour very well, and if it doesn’t? We can change it.

The fact is, law has been an important part of society since it began, with implied legal and social orders and boundaries that could not be crossed. Today, it is a sophisticated network of guidelines and regulations which is adapted to shape the way we live our lives from one day to the next. There is no doubt that the law is important to the citizen, and plays a profound impact on the lives of the people on a daily basis.

What Does The Law Mean To You? is a post from: Austin Attorney

The elections of recent years have seen this as a very hot topic button, and with the White House, stressing that marriage involves a man and a woman only, not same-sexes many states have been very reluctant to allow the same-sex marriages. However, a few states have come forward and allowed same-sex civil unions, which are very similar to a marriage.

These states are California, Hawaii, Maine, Connecticut, New Jersey, and Vermont. The District of Columbia also recognizes same-sex unions and soon the Governor of New Hampshire has stated publicly that he will sign a bill giving the ok to same-sex unions. This is a major victory for those who are supporting the movement.

While many states have not given the green light on the same-sex issue, there are states who are sitting around discussing the issues. Many couples who are fighting for their rights have argued that there is no difference in the way they run their households compared to their heterosexual counterparts. They have also stated that while they may be with a partner who is the same sex as them, they do still love their partner and should have the right to get married.

This has always been a hot topic, and likely will continue to be a hot topic for many years to come. With the issues raging within the states and at the national level it will likely be a very long time before the gay and lesbian rights groups are able to truly declare a victory for their cause. Nevertheless, there is some solace to be taken in the small victories as they occur, and another Governor of a state being willing to allow a civil union is at least a step in the direction towards a victory.

The fact remains that often the views of the individual states tend to reflect the views of the President. With a President in office who is a staunch opponent to the concept of same-sex marriage as well as civil unions it is unlikely to allow much room for many victories until a more accommodating, or rather liberal, President is in the White House.

Once the bill passes all of the channels, it can go into effect as early as next year for the New Hampshire residence who have long been awaiting this victory. With each state that gives this right to its residents, it opens the doors to more states to start becoming more tolerant of all their inhabitants. Finally, this is paving the way for America to join the bulk of Europe in recognizing the legal inequalities between straight and gay couples nationwide.

Straight Marriages – Gay Unions is a post from: Austin Attorney

Positivism places strength on the rules as they are laid down, on the premise that the process of the legislature is the time for challenge and interpretation. Although this may generally be the case, it does throw up some problems in relation to the practical consequences of certain enactments, which reflect better with experience the level of effectiveness. Another feature of the positivist movement is that rather than be guided by moral considerations, the law can be used in certain circumstances to determine what is right and what is wrong, on the basis of its status as in accordance with or against the law. Again this causes problems that have formed the basis of much academic argumentation in the area.

One of the main criticisms of positivism as a theory came in light of the linguistic considerations of HLA Hart, a leading international legal philosopher. He stated that the positive law is far from fixed in nature, for the simple reason that language is not fixed. For example, the famous scenario offered for this point is a sign in a local park stating ‘no vehicles allowed’. This is by no means a fixed and definitive statement of the law, because ‘vehicles’ can be taken to mean a broad range of things. For the most part it will be fairly obvious what falls within the scope – no cars, vans, trucks or trains would be permitted. But what about skateboards? Bicycles? Are these covered within the definition of vehicles? There is no way of knowing from the text exactly what is intended by the law, so to positivism in this strict sense is flawed. Rather, a more sophisticated approach is required, which allows the law to be read in the light of pragmatic and policy considerations. This makes positivism more palatable as a concept, and strengthens its validity at the heart of legal philosophy.

Positivism is only one in a series of mainstream legal theories which satisfy the rational and logical requirements of academics and practitioners alike. Its intellectual sophistication sets it apart from the more basic natural law theory, although it is by no means an utterly definitive set of beliefs. All in all, this is an area of study that is rapidly developing, producing new and more complex arguments with every empirical text.

Positivist Legal Theory is a post from: Austin Attorney

Most jurisdictions will bear some liability to tax on death. This can be a specific problem for the administrators of estates, usually close friends, who must ensure every known asset and liability is accounted for before making legacies and signing off the tax bill. A major problem comes with the personal liability attributed to the administrators, which means that should anything ‘slip through the net’ which is later discovered, there may be increased liability to tax. In practical terms, this could mean a surprise bill for several thousand which has already been distributed in legacies and for which the administrator must personally account. Providing for these outcomes in a will is one of the best ways of avoiding this hassle and stress, and it can also be the best way to ensure all assets and liabilities are uncovered. By drafting an effective will, you can be sure your loved ones don’t face financial hardship after you’re gone.

In the absence of a will providing specifically for the administration of a deceased’s estate, it is up to the laws of intestacy to determine what happens to the entirety of our worldly possessions. Unfortunately, this doesn’t usually correspond with the way we’d like things to turn out. For example, in a number of jurisdictions there are automatic provisions for spouses and kids, meaning you can disinherit, even with a will. There is also usually a default order of preference of who gets what and how much they get, which doesn’t necessarily match your favourite relatives, or correspond to actual family set ups. In fact, cohabiters might run into problems getting anything, including the house in which they live without proper testamentary provisions in their favour.

As you can see there are a number of obvious benefits to drafting a will during your lifetime. Sadly, many thousands of people die each year without making these provisions, and it really is a real headache for their friends and relatives who are left with the burden of a fair settlement. Intestacy causes hostility and stress, which can be readily avoided by just simply making a written will. If you haven’t made a will, it is probably a good idea to make a appointment as soon as is convenient with a legal adviser to do so, to ensure your family are provided for as you would intend and to promote a favourable distribution of your estate on death.

Succession Law: The Importance of Having a Will is a post from: Austin Attorney

Yet with the need for money in the schools rising steadily there needed to be a solution to ensure that students were, being taught the skills they needed in order to be successful adults who are capable of securing a job. Many students have graduated from high school in the last several years without the ability to complete many basic tasks such as reading, writing, and elementary level arithmetic.

After experiencing this phenomenon for several years, President Bush stepped up to the plate and proposed tying the results of students to the financial assistance that schools received as an incentive for schools to perform better. A grade was also assigned to schools each year based upon the standardized test scores that would tell parents, educators and the country as a whole how well the schools in a district were performing.

If a school performs badly, parents and students are given the option to transfer to another school that received a better grade; this directly affects the amount of money each school is capable of receiving. This puts a great pressure on schools to perform better. Schools are forced to start taking note, and answering questions in regard to why students are not performing on an acceptable academic level when the report cards come out. Each school has the ability to improve their grades and scores simply by teaching students the information needed.

Many parents are upset by the program; they feel their children are being pushed too hard in classes. Many other parents are very happy with the program; they feel that the schools are just now being forced to be accountable for the education that students are receiving. As the future draws more into the technological era, it becomes clear, that technology is king. In order for students to be able to secure jobs, they must have basic skills and be able to handle the pressures of life.

Students must leave school fully prepared to take on a job, make a name for themselves, and improve their lives. Many students upon graduating from school were forced previously to go onto welfare and take jobs only in low paying jobs that were unable to turn into careers. Many students now are able to go onto decent paying jobs that show the possibility to grow into careers, thus avoiding the welfare trap that many recent graduates were forced into.

How the schools perform in the next few years will really determine how well our outlook is for the job market. With more jobs moving overseas to cheaper labor, it is very important that students leave school with the knowledge and ability to help keep jobs here for the future generations, for it is only with a graduate-led economy we can remain competitive on an international level.

No Child Left Behind is a post from: Austin Attorney

At some point in time, it became acceptable for the government to track former criminals; in requiring them to register as an offender, they are essentially tracking the criminal. They do nothing more than monitor closely their whereabouts, actions, friends, lifestyle, etc. How this came to be is quite scary, while it has occurred for a crime that fits the punishment, after all our children should be protected. It also comes with a price. Many people see this as an intense invasion of privacy and human rights, and in Europe under the banner of the European Convention on Human Rights, such procedures would almost certainly not be allowed.

Since beginning this and requiring that all sexual offenders register with their respective states, it opens the door for criminals of other crimes to be required to register. Once that occurs, it allows the governments to start requiring slowly that everyone be registered for one reason or another. Is this something that the people are willing to let happen? Should the government have full knowledge and control over where you go, who your friends are and where you work?

Many feel that the laws for the sexual offenders are not stiff enough; they call for stricter punishments and heavier penalties for these most despicable of criminals. This comes from the side of people that wish to seek nothing more than revenge. At the same time, if someone commits a crime whom is sent for mental help, instead of jail they are not required to register. Their offenses are recorded differently, and their punishment is much easier.

This can cause serious problems in terms of people not being registered that really should be registered as an offender. The main goal of the program is to protect the interest of the children; after all, they are the main resource worth protecting in society. Nevertheless, how far is too far? Some have suggested implanting the offenders with a microchip that would enable law enforcement agencies to track the offenders’ movements continuously. Is this something that the American public is willing to accept?

With this being talked about, what are the chances of this occurring for other crimes as well? What is the point of releasing someone from the judicial system if they are so dangerous that they must be continuously tracked? As a woman, or a child how safe do you feel knowing that there are people surrounding you whom have been convicted of serious crimes against others? What about as a man, does this change your opinion? The requirement for registration causes social problems and victimization for those offenders, arguably justifiably, who have shown themselves to be dangerous. This has the knock on effect of altering the course of justice, given that these people will have served the appropriate sentence for their crime, and hopefully have progressed through the systems of rehabilitation in place.

How do you think it should be handled? There are some people who truly believe that the registrations processes should be removed, that once their time is served the offenders should be allowed to disappear back into the woodwork and free to live their lives without being under the public scrutiny. These are the people who are looking to have yet another law changed, that could have some very devastating effects on society, particularly for our children in the coming generations.

Sex Offender Laws is a post from: Austin Attorney