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THE TIME IS ALWAYS RIGHT TO DO WHAT IS RIGHT.

 THE TIME IS ALWAYS RIGHT 

                TO DO WHAT IS RIGHT.

                                                             Martin Luther King, Jr. 

                                                              Oberlin College 1964

 

This is one of many of my favorite quotes the Martin Luther Kings and I think a great summary of his legacy in the law. Although my blogs generally regard topics that we help clients with every day, I feel that at the time of the Holiday of his birth, it is important to take this week to remember his words that ring so real over fifty years later. Perhaps the most significant of Martin Luther King, Jr.’s influences on American history were his remarks on the connection of the law and social justice.

Laws Can be a Block to Racial Justice

A large part of the civil rights movement was a battle against laws as they existed at the time. There were racially discriminatory laws in place that  allowed segregationists the grounds on which to attack civil rights activism. In fact, police in Southern states  arrested civil rights protesters which included, on several occasions, Martin Luther King himself for violating criminal code provisions. These laws included trespassing, disturbing the peace, marching without a permit, violating picketing laws, engaging in criminal defamation and criminal conspiracy. In fact, the NAACP was actually prosecuted in for refusing to disclose its membership rolls as was required by state law at the time. Not only was the law drastically against the Civil Rights movement at the time, but multiple  states in the south also brought actions against civil rights attorneys for legal ethics violations as retaliation and to instill fear in those attorneys willing to fight to change the law as it stood at that time. In addition to legal ethics complaints, the city of Montgomery, Alabama used minor traffic ordinance violations as a way to stop the carpools used during the Montgomery Bus Boycotts. The state of Alabama went as far as to prosecute Marin Luther King on charges of tax evasion.

The Can Be Applied Unfairly

Although Martin Luther King, Jr. was an advocate of peace and justice, it was necessary break laws that were in place at the time to effectuate social justice. In fact, even some laws that, upon their wording said nothing about race, were clearly being used against the civil right protesters. State leaders were segregationists who defied the implantation of the Supreme Court’s decision in  Brown  vs. Board of Education and other federal civil rights requirements. In his famous “Letter from Birmingham Jail” (found at the following link: 

https://www.csuchico.edu/iege/_assets/documents/susi-letter-from-birmingham-jail.pdf )

he confronted this question in 1963 , where he set apart  just and unjust laws. “A just law,” he wrote, “is a man-made code that squares with the moral law, or the law of God. An unjust law is a code that is out of harmony with the moral law.” Since segregation laws  fall in the latter category, “I can urge men to obey the 1954 decision of the Supreme Court because it is morally right, and I can urge them to disobey segregation ordinances because they are morally wrong.”

 

The Supreme Court can be Political 

Martin Luther King  addressed the more difficult situation where a  law that “is just on its face and unjust in its application.” It was this situation that resulted in his arrest and arrival at his Birmingham jail cell. He was arrested for “parading without a permit.” “Now, there is nothing wrong with an ordinance which requires a permit for a parade,” he explained, “but when the ordinance is used to preserve segregation and to deny citizens the First Amendment privilege of peaceful assembly and peaceful protest, then it becomes unjust.”

In this particular case, King was correct and supported in the court of public opinion and the constitution as we read it today, but he lost in the highest court of the nation. The Supreme Court of the United States heard the appeal of the conviction of civil rights protesters for violating a state court injunction ordering them to refrain from demonstrating, the Court ruled 5-4 against the civil rights protesters in Walker vs. City of Birmingham , 388 U.S. 307 (1967) https://www.oyez.org/cases/1966/249.  Although he had multiple victories in the Supreme Court, but this case was one of a few of exceptions. Justice Stewart, writing for the Court, reprimanded the protesters in Walker v. Birmingham: and stated: “This Court cannot hold that the petitioners were constitutionally free to ignore all the procedures of the law and carry their battle to the streets. One may sympathize with the petitioners’ impatient commitment to their cause. But respect for judicial process is a small price to pay for the civilizing hand of law, which alone can give abiding meaning to constitutional freedom.”  

The Continued Fight Against Unjust Enforcement of Laws

What strikes me in this is how the Supreme Court can sometimes ignore how the implementation of a law can violate the rights guaranteed by other laws. This is a practice that continues to plague our system of justice to this day. In fact, it is clear and apparent from the current Supreme Court and the recent very political appointments made to the Court. For King, enforcement of unjust laws and the courts that supported the practice  were hurdles in the cause of racial justice. These enforcement of law in an unjust manner continues in our justice system over fifty years later. In some recent decisions, the court has made controversial rulings in some of the most politically and socially charged areas of the law. Here are a few examples:

City of Tahlequah, Oklahoma v. Bond (Per Curiam Opinion on October 18, 2021)

In this case, the Court summarily (without argument) reversed the Tenth Circuit Court of Appeals. The Supreme Court held that the conduct by the police officers did not violate any clearly established violation of statutory or constitutional rights, and thus, they are entitled to qualified immunity

United States v. Cooley, (9-0 Opinion by Justice Breyer on June 1, 2021. Justice Alito filed a concurring opinion.)

In this case, the Court vacated and remanded the decision of the Court of Appeals for the Ninth Circuit. The Court ruled that a tribal police officer has authority to detain temporarily and to search a non-Indian traveling on a public right-of-way running through a reservation for potential violations of state or federal law.

Nasrallah v. Barr, (7-2 Opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, Kagan and Gorsuch on June 1, 2020. Justice Thomas, joined by Justice Alito, filed a dissenting opinion.)

In this case, The Court reversed the Eleventh Circuit Court of Appeals. The Court held that courts can review an immigrant’s factual challenge to a denial of their application to stay conviction-based deportation under the Convention Against Torture.

For a full up to date list of recent decision by the Supreme Court Refer to the ABA website: https://www.americanbar.org/groups/criminal_justice/resources/case_updates/   

WHY I AM GRATEFULL 2022:  I am grateful for this hot and delicious latte from the fancy Keurig  that my son talked me into buying on this quiet and peaceful Sunday morning as I write this blog and reflect on this amazing human being who changed our county so profoundly. Thank you, Dr. King, for your passion, your determination and your brilliance. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful. 

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne,  Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation to which they are entitled. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032. 

Gratitude_Changes_everything

40 Simple Ways To Be Grateful Everyday

Ok readers, it’s time for the news year’s resolutions and yes, I always make them. But this year has brought profound stress and turmoil to all of our live and we are all desperate to put behind us. Through the profound changes we have all endured, we have been forced to look inside ourselves and find purpose and drive in this life. For 2022, I resolve to practice Gratitude daily. Indeed,  I am putting my new year’s resolution in the public domain. Gratitude is such a potent emotion, one that can bring joy into your life and make your life more rewarding  in many ways. There have been many days that watching the news and living in this new life has made us feel depressed or created feelings of doubt. After everything we have all been through in the past two years, I think we are all yearning for the daily feelings of happiness that hard work and kindness can bring back to our lives. When you are feeling grateful for the positives in your life, it is easier not to dwell on the stresses and better cope with those situations. 

In fact, I resolve to keep a gratitude journal to record one thing I was grateful for every week of 2022. Every day just seems like a resolution that will be unrealistic to keep in a journal aka the notes in my iphone. However, I will do my best to take 30 seconds each day to recognize one thing that I am grateful for. I am grateful for so many things including my family, my clients, my dog, my home, my co-workers, my health, and each day there is always a reason to be grateful. Hopefully, I will be able to share many of them in my final blog of 2022 which seems so far away but will be here in a flash. 

In a study by Emmons & McCullough . 2003, their research showed “there were a multitude of benefits from keeping a gratitude journal. A simple notebook where you write down daily what you are grateful for. The study showed that the people who kept a journal exercised more regularly, reported fewer physical symptoms, felt better about their lives as a whole, and were more optimistic. It also showed that people who kept the journal were more likely to make progress towards their goals.”  “Overall, there was a greater sense of feeling connected to others, a, more optimistic view towards life and better sleep quality, relative to a control group.” https://emmons.faculty.ucdavis.edu/gratitude-and-well-being/ 

I hope you will follow with me in  this journey for 2022, even if by simply reflecting on something you are grateful for each day. In addition, there are many resources on the internet if you choose a more formal process as well as many apps for your phone. For suggestions on keeping a gratitude journal, this article has some great ideas. https://www.lifehack.org/794635/gratitude-journal. 

Here are 40 simple ways to make gratitude a part of everyday.

  1. Keep a list of things you are grateful for in your phone; 
  2. Add to your list regularly;
  3. Download one of the many gratitude apps;
  4. Tell your co-workers or family how much you appreciate them;
  5. Look at the beauty in nature around your area one morning; 
  6. Make time for your friendships;
  7. Force a big smile for things that bring joy;
  8. View inspiring videos of kindness;
  9. Include an act of kindness in your day;
  10. Avoid overwhelming  negative media;
  11. Call your family or friends;
  12. Enjoy that cup of coffee;
  13. Don’t speak badly about people for no reason;
  14. Spend quality time with your family, even just a chat or a meal;
  15. Compliment a random stranger for a nice outfit;
  16. Send an email to someone you have not seen in a while and tell them something nice;
  17. Make positive comments, not negative, on social media;
  18. When you think a negative thought, turn to a positive;
  19. If you find yourself complaining, think about how you can improve that issue;
  20. Verbally acknowledge when someone does a good job;
  21. Do something nice for someone;
  22. Meditate with positive thoughts;
  23. Live mindfully, check out this great resource to help;
  24. Thank the people who help you at the bank, the store, etc.;
  25. Thank your loved ones for the little things they do even when they leave dishes behind; 
  26. Hang pictures with positive quotes and images around your space;
  27. Check on your elderly neighbor and see if they need anything you can do for then;
  28. Call your family or friend or significant other and tell them you love them;
  29. Embrace challenges of your day and see them as opportunities to grow; 
  30. Do not let the people you dislike bring a negative energy to your environment;
  31. Be thankful when you discover something new;
  32. See mistakes as a growth opportunity in your life a career to learn from going forward;
  33. Help the people around you see the positive side to life;
  34. When times are difficult, focus on resolution and not feeling doomed by the situation; 
  35. Take time to notice the needs of others and help if you are able; 
  36. Make gratitude a part of family life and share it with each other during the times you are together.
  37. Practice gratitude every day so it becomes your mindset and not a chore; 
  38. Focus on your strengths every day and how they will help you problem solve;
  39. Share your gratitude with family and friends and those around you;
  40. Share gratitude with other by posting a tweet, Facebook post or Instagram; 

It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and at this time next year, they will be listed. I hope that you will also have a long list by the end of 2022. I hope that by reflecting on gratitude, I will find the positive of everyday, even the days that are stressful at the court and adversarial with the insurance companies. We fight hard with this companies for our clients everyday and we are grateful you have chosen TheOneLawyer.com to fight your you and your family after a car accident and help you recover for the injuries sustained in that car accident. 

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne,  Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032. 

Hands-Free Driving Now Required By Nevada Law

In an effort to curb the rising number of accidents caused by distracted drivers, the State of Nevada recently enacted legislation mandating that any driver using a cell phone while driving must also employ a hands-free device. This new law recognizes what every auto accident lawyer Las Vegas residents work with has known for years: A distracted driver is an unsafe driver. Many people tend to use their vehicles as mobile offices, making their commutes to and from work unnecessarily dangerous.

The new law, enacted to coincide with the beginning of the 2011-2012 school year and featuring beefed-up enforcement as of January first, 2012, is intended to cut down on the steadily rising number of traffic fatalities, particularly those concerning pedestrians. We’ve all heard the same tragic story over and over again. A driver glances down to answer their cell phone or read a text, and didn’t see the red light or the people in the crosswalk (or, to be fair, the roadway).

Nevada officials recognize the dangers of talking or texting while driving, and this new law is intended to promote safety behind the wheel. When most people think of dangerous driving practices, they think of reckless driving such as tailgating, dodging between lanes of traffic, or drinking and driving. Very few people consider that behaviors such as talking on a cell phone or texting while driving can be just as dangerous as knocking back a few cocktails before going home.

Hands-free devices are relatively inexpensive and permit for greater freedom and attention behind the wheel. Of course, these devices have to be used with common sense. The content of a conversation can be just as distracting as looking down to read a text while behind the wheel. Drivers who engage in arguments or tangled business discussions while driving are statistically far more likely to be involved in accidents than those who don’t. When navigating Nevada’s roadways, a highly charged emotional state can be a fatal error.

If someone else’s poor driving decisions lead to you being involved in an accident, contact your Las Vegas auto accident attorney. Most accidents are caused by a combination of illegal or reckless behavior and inattention to what is happening on the road, and the new hands-free law is one we can all live with. There is no phone call or text message that is worth more than your life or that of someone else.

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How To Avoid Car Accidents

We’ve come to accept car accidents as an unfortunate side effect of our fast-paced lifestyle. The truth is that most accidents are easily avoidable by using a little common sense and some caution behind the wheel. Car accidents cost billions of dollars and thousands of lives every year, but they don’t have to! Here are some easy tips to help prevent you from needing the services of a Las Vegas auto accident attorney in the first place.

Hang up and drive: You’ve seen this slogan on bumper stickers, but have you ever thought about how it applies to your driving habits? Many people use their vehicles as mobile offices, sending faxes while knowing the Importance of Using a Secure Fax, texts, and communicating with clients on the road. This tendency to attempt to multitask is dangerous because it distracts from the primary task of a driver: getting to their destination safely. Also, multitasking while on the road has overtaken drunk driving as one of the most preventable causes of car accidents.

Don’t drink and drive: Especially around the holidays, people tend to overindulge in food and drink. If they’re not going anywhere, that’s one thing. Too much holiday cheer, especially of the liquid variety, can result in huge tickets, jail time, and even severe injury or death. When you’re celebrating, please do so sensibly. Make sure you have a designated driver, drink in moderation, or simply say “No thanks.” Safety begins before you ever get behind the wheel.

Know what’s around you: There’s an old saying: “When you drive, you don’t just have to drive your car, but those of everyone around you.” Being aware of what other drivers are doing is a great way to keep yourself out of an accident, so paying attention to the road and the other drivers is an important factor in safe driving habits. For this reason, you shouldn’t drive when you’re angry or upset, because these powerful emotions can interfere with safe driving.

Safe driving is a responsibility you take on every time you put your key in the ignition. A Las Vegas car accident attorney sees a lot of cases where the accident could have been avoided so simply just by using a little extra caution and common sense behind the wheel. Because of this, particularly during the holidays when so many people are traveling, it’s important to remember that the other driver may not be paying due attention, so it’s up to you to give even more.

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Public Transportation and Las Vegas Accident Attorney – Laura Hunt

If you live in a big city, than chances are you drive somewhere every day.  There are many cities that are trying to rely on public transportation, but the fact is many people find it more convenient to drive themselves around.  Although it is not beneficial to the environment, it is the truth. People are selfish and choose to pollute our environment rather than join the “green” movement.

Well I guess not all of these people are selfish, maybe they have families. I mean think about it, it would be fairly difficult to rely on public transportation to drop your kids off at school, go to work, come back from work, pick your kids up from school, shuttle them and their eight friends to soccer practice, go back make dinner and pick them up once again. I haven’t encountered a bus yet that can do all that.

The point here is that although public transportation is a great thing, many people choose to rely on themselves and their own vehicle for transportation purposes.  In Las Vegas, the number of people who rely on public transportation is extremely low. On the strip there are many taxis that you can find buzzing around and giving people rides, but other than that a call and a 30 minute wait is what you are looking at. And yes, there are many bus stops but you don’t even want to get into the wait involved with those. You know what the large number of bus stops means? The more times you have to stop to pick up more people on your way to where you are going. If one is looking for a job in this sector to gain experience in this field there is Wynne Transport Service job openeings that one can look into.

Even if you did always rely on public transportation, there is still the risk of accidents. Accidents involving public transportation are extremely complicated and tricky. Each process is different depending on the company and type of transportation, but still tricky nonetheless.  Luckily in Vegas there is an Las Vegas accident attorney who has years of experience in dealing with these problematic situations. Laura Hunt, a Las Vegas accident attorney, specializes in helping those involved in accidents deal with insurance companies and get full compensated.

Whether you are driving yourself or someone else is escorting you when involved in an accident, Laura Hunt can help.