Legal Week in Review

Once again there were a number of excellent articles contributed in the legal category during the past week. I have selected a number of them for review and these are set out below. Please take some time and follow the links to the individual articles and also take a moment and visit the Legal Feature page for all of the recently submitted articles. There are a variety of topics in the legal arena that are ripe for articles. Take some time and look around for some ideas and submit your own article under this section.

In the article Open Carry Laws – Peace of mind next to your hip by Lloyd Walker an overview of the carrying of weapons is addressed. The concept of openly carrying a weapon is different from the concept of a concealed weapon or where a weapon is carried under the clothing. As the article points out, the open carry laws vary from state to state.

Walker does a great job on not only identifying some of the differences in the law of different states, but also in giving some background on the history of the concept. While the article leaves some questions unanswered, it does identify an area of law that many people are likely unfamiliar with and plants the seeds that could lead to more research on the issue.

In the article Quicken WillMaker Plus 2006 by Celeste Stewart a review of the latest release of Quicken’s estate planning software is offered. In her review, Stewart provides a good overview of the software and its features. Perhaps most interesting about the article is the manner in which Stewart begins. She points out that most people don’t like to deal with the issue of their death, but it is something that must be considered. It is also addressed that the software operates much like Quicken’s tax preparation software does, that being an interactive interview format. Stewart also correctly points out the need for proper formalization of wills for them to be valid. Overall, Stewart does a great job of enthusiastically pointing out what makes the product quite attractive.

In the article Pets as Dependents: A Proposed Deduction – An Argument for Counting Pets as Dependents on Taxes by Pete Flies a clear and concise argument for including pets as dependents for federal tax purposes is given. Flies sets out a very logical argument in favor of allowing expenses for pets to be deducted when filing income taxes. Perhaps most interesting is that Flies sets out the five factors the Internal Revenue Service uses when determining whether a deduction is allowed. In explaining them, Flies points out that the only obstacle for including pets is that pets don’t have social security numbers by which to identify them. Overall, Flies provides some great food for thought that all pet owners will enjoy reading. Who knows? This topic could be good material for Congress in the near future.

4 Tips on Dealing with Sexual Harassment in the Workplace by Regina Paul. In her article on sexual harassment in the work place, Regina Paul starts out by defining sexual harassment as anything in word or deed that is sexual in nature and makes one feel uncomfortable. Paul then goes on to provide four strategies on dealing with sexual harassment and how to deal with it if it happens to you – up to and including quitting your job. While many may think this would be the end of the road, Paul does a good job explaining why leaving one’s job may just be the start of the process in pursuing compensation for sexual harassment. She ends her article by encouraging that no one be the victim of sexual harassment leaving the reader with the understanding that it is in their hands to address problems such as these.

Legal Advise for Small Businesses by Patricia Williams. In this article, Williams offers some foundational level guidance for small business owners on when to seek legal counsel. Her guidance is solid. Look for an attorney, one who knows business law, particularly one who is familiar with small businesses, well in advance of when you have a problem. Williams also goes on to say that a small business owner should never wait until the last minute to try to find an attorney. This is all good advice, but as the focus of her article is how the small businessman could best go about preventing legal problems, Williams overlooks or fails to mention one key point of business operation. The best friend of the small businessman is to incorporate or formally organize the business. While this will not prevent lawsuits or legal problems, it is one step that can be taken to safeguard personal assets and limit the owner or owner’s potential legal liability should problems arise.

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