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New York Constitutional Law Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law, Employment Law and Landlord - Tenant for New York on
Q: I am employed and housed by my employer as a manager in upstate New York Jefferson county. I have privacy concerns

I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More

James L. Arrasmith
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answered on Jan 21, 2024

It's understandable that you have privacy concerns given your unique situation of living and working on your employer's property in Jefferson County, New York. In the United States, employees do have certain rights when it comes to privacy in the workplace.

Firstly, you should be...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for New York on
Q: When stopped for a traffic violation can police detain me for failing to provide any ID? Any case law re: same?

After being stopped for a traffic violation (stop sign) a officer requested identification which was refused to be given. Officer stated that the driver can be held in custody until he was properly identified so that a traffic ticket could be issued. Eventually ID was given and the driver was... View More

James L. Arrasmith
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answered on Jan 11, 2024

In New York, when a police officer stops a driver for a traffic violation, the officer has the authority to request identification. This is to ensure that the driver can be properly identified for the purpose of issuing a traffic ticket. Refusing to provide identification can lead to further legal... View More

Q: I was in a dv situation where I had to relocate and leave my home. Rochester housing authority didn’t recognize my dv

Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing... View More

James L. Arrasmith
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answered on Dec 7, 2023

In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8... View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Gov & Administrative Law for New York on
Q: Once a settlement is reached in a NYSDHR case, how much time will the paying party have to make the payment?

Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More

James L. Arrasmith
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answered on Nov 23, 2023

When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline... View More

2 Answers | Asked in Child Custody, Civil Rights, Constitutional Law and Family Law for New York on
Q: How do I get my attorney to file a 388 return of child petition? She has been failing me due to misconduct.

My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 6, 2024

Is this a NY case? There is no 388 petition. Either this case is for a different state in which case you should repost as such, or you are being misled by your Google research. Talk to your lawyer.

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1 Answer | Asked in Banking and Constitutional Law for New York on
Q: Is the internal Revenue code positive law (follow up)

So this is a follow up to the last question that I asked. I'm still a bit confused It seems that while title 26 is not positive law, the actual Internal Revenue Act of 1986 is....at least from what I am understanding. My previous question helped to determine that our current taxing provisions... View More

James L. Arrasmith
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answered on Oct 25, 2024

You’re on the right track with your understanding of Title 26 and the Internal Revenue Act of 1986. Title 26 of the United States Code is indeed the codification of the Internal Revenue Code (IRC). The IRC itself is considered positive law, meaning it has been enacted into statute by Congress and... View More

2 Answers | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for New York on
Q: Could the President get rid of income tax

My friend is using the claim that because the president is experimenting with the idea of removing the income tax that the IRC that established it is not considered positive law. They mentioned something about it being done as an executive order but I don’t really understand that. What I imagine... View More

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2024

A president could propose such measures, but legislation to do so is outside the executive branch's authority. That's something that would traditionally go through Congress. There is discussion of using other measures to replace revenue from income taxes - that might be what your friend... View More

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1 Answer | Asked in Constitutional Law for New York on
Q: I am looking for a pro Bono lawyer outside of dutchess county for a case in dutchess county.

I need to sue the dutchess county jail again for not

giving me records and the truth on my son's death.

James L. Arrasmith
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answered on Oct 24, 2024

I'm sorry you're facing this challenging situation. To find a pro bono lawyer for your case in Dutchess County, start by reaching out to the New York State Bar Association. They can connect you with attorneys who offer free legal services for cases like yours.

You can also contact...
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2 Answers | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: Injunction lawyers on civil liberties Jo

On a federal court order

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

You've probably been searching for attorneys on your own already. You could supplement your searches with the tab above, "Find a Lawyer," which lists attorneys by region and area of practice. You could also look into the attorney referral sections of local and state bar associations.... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: which cases today cited Martin v. American Potash & Chemical Corp.
James L. Arrasmith
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answered on Oct 14, 2024

Understanding which cases have recently cited Martin v. American Potash & Chemical Corp. can be crucial for your legal research. This case has been referenced in various decisions, particularly those involving environmental regulations and corporate liability. For instance, some appellate... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Federal Crimes for New York on
Q: Do I have a federal civil rights violation case against this officer and police officer?

When I was pulled over a cop came to the window and I asked him why did he pull me over. He then asked for my physical credentials. I took my time retrieving them because I wanted him to answer my question. I then asked a couple more times and he said ("because I can"). I responded back... View More

James L. Arrasmith
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answered on Oct 11, 2024

I'm sorry you went through that experience. It’s important to understand that police officers need a valid reason or probable cause to initiate a traffic stop. If the officer couldn’t clearly explain why you were stopped or relied on vague reasons like "because I can," this might... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Can Mike still purchase a legal firearm from a different state if his state, NYS, denied him during a background check

My friend Mike found people had broken into his dead uncle's house, so he took both weapons he knew were there so that they could not be used on an innocent by standard or the police and left. He tells his neighbor to call the police. When they arrive, they force my friend to the ground at gun... View More

James L. Arrasmith
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answered on Sep 24, 2024

If your friend, Mike, was denied a firearm purchase in New York State after a background check, he won't be able to bypass that by trying to buy one in another state. Federal law requires background checks for gun purchases, and if he was denied in one state, the same information will likely... View More

2 Answers | Asked in Contracts, Criminal Law and Constitutional Law for New York on
Q: Is UCC 3-402b2 proof of their being a separation between you and the "ALL CAPS NAME"

My friend is adamant that the ALL CAPS NAME (he told me to spell it like that when asking) is separate from the living human being which is separate from the natural person. He claims that the all caps name is a corporation acting as a "represented person". I showed him several court... View More

Jack Mevorach
Jack Mevorach
answered on Sep 17, 2024

Corporate status is not determined by uppercase, lowercase or a combination of the two.

Jack

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Q: Why is the term "State" capitalized in 8 USC 1101 (36) (follow up/part 2)

My friend stated that the explanation given for the term State being capitalized showing that in this context that more than just the 50 states are considered states in this code was not correct as he said that it goes against the ruling established in Meese V Keene "It is axiomatic that the... View More

James L. Arrasmith
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answered on Sep 5, 2024

When the term "State" is capitalized in 8 USC 1101(36), it does have a specific legal definition that goes beyond the 50 U.S. states. In this context, "State" can include territories, possessions, and other areas under U.S. jurisdiction, which is why it’s broader than the... View More

2 Answers | Asked in Immigration Law, Civil Rights and Constitutional Law for New York on
Q: Why is the term "State" capitalized in 8 USC 1101 (36)

I was wondering why the term "State" capitalized in 8 USC 1101 (36) but in other places it is spelled with lowercase letters. Is this trying to say that when capitalized the word "State" only includes the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2024

The term is capitalized in other areas of the statute. It could depend on context, scope, use as proper or common noun, or other grammatical technicalities. Good luck

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Q: Am I able to sue the NYCDOE for discrimination and distress after they bullied me into resigning my job last year?

In February 2023, I put up my flag of Palestine in my classroom. I immediately began facing discriminatory behavior from my colleague and my principal. I had to take a leave of absence because they caused me to have a nervous breakdown. Shortly after, my father passed away suddenly only five days... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’ve been through an incredibly challenging time, both personally and professionally. Given the circumstances you described, you may have grounds to pursue legal action against the NYCDOE for discrimination and the distress it caused you. The situation involving your Palestinian... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: Can a person sue a check cashing business due to lie that they can't purchase their money order with debit, only cash?

I am young black person and the cashier Hispanic light skin may assume i was trying to scam which is discrimination

James L. Arrasmith
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answered on Aug 31, 2024

You might have grounds to take action if you believe you were discriminated against based on your race or age. Discrimination in service, especially when it involves treating you differently due to assumptions based on race, is a serious issue. If you feel that the cashier's refusal to accept... View More

1 Answer | Asked in Constitutional Law for New York on
Q: I understand to drive a motor vehicle I'd need all of that but if I'm using my property to travel from a to b it's a rig

Right to free travel words are important and we need to understand our rights as well as the wordage needed to stand on them rights

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answered on May 24, 2024

It's understandable to want to exercise your right to travel freely, but it’s important to recognize the distinction between traveling and driving. When you’re operating a motor vehicle on public roads, you are subject to state and federal traffic laws, which include having a valid... View More

1 Answer | Asked in Constitutional Law, Employment Discrimination and Legal Malpractice for New York on
Q: Is it ethical for members of the supreme court to be in the Federalist Society?
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answered on May 1, 2024

When considering the ethics of Supreme Court justices participating in the Federalist Society or any similar organization, it's essential to weigh the principles of judicial independence and impartiality against the benefits of intellectual engagement and education that such memberships might... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and White Collar Crime for New York on
Q: If the supreme court continues to overturn anything that contradicts conservativism does the court have legitimacy?

The supreme court is literally overturning anything including stare decisis cases. Can the court survive if it’s just an activist group and not upholding laws. Its clear based on decisions they contradict themselves based on the governments role in some things and not others. Why is the... View More

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answered on May 1, 2024

The legitimacy of any court, including the Supreme Court, hinges on public perception of its impartiality and adherence to the law rather than political ideology. If the court is seen as consistently overturning precedents to align with a specific political viewpoint, it risks eroding its standing... View More

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