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New York Constitutional Law Questions & Answers
Q: MarkTwain and Censorship. appeals?

I believe that, once upon a time, a publisher published the works of mark twain but censored what may have been offensive. The censorship won out in the end. (evil won in that case) but i wonder if that case was disputed further and appealed. does anyone know?

The Roald Dhal censorship was... View More

James L. Arrasmith
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answered on Aug 15, 2023

I'm familiar with historical cases of censorship, such as those involving Mark Twain's works, but whether a specific case was appealed and overturned would require a thorough review of the legal history and court records. Appeals and potential outcomes depend on various factors, including... View More

2 Answers | Asked in Constitutional Law and Immigration Law for New York on
Q: I am looking into changing my status from US citizen to American national and I have a few questions

Is it difficult

Will I be able to keep my social security disability

Can I keep my property

Will I have to comply with NYS canceled carry

James L. Arrasmith
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answered on Apr 12, 2023

It's important to clarify that as a US citizen, you are already considered an American national. However, if you are looking to relinquish your US citizenship and become a US national without citizenship, there are a few things to consider:

The process of relinquishing your US...
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1 Answer | Asked in Constitutional Law, Legal Malpractice and Family Law for New York on
Q: Which Law Codes specify about Roster List of Gaurdian Ad Litems be shown to public or not?

If it is kept secret from the public, is it so all over New York? Thank you.

James L. Arrasmith
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answered on Mar 19, 2023

Access to court records and proceedings is often subject to specific state laws and regulations. Some states may require disclosure of GALs' roster lists to the public, while others may not.

To find information specific to your location and circumstances, I suggest consulting a...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for New York on
Q: Is it illegal to post court documents and someone’s home address online in New York ?
James L. Arrasmith
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answered on Mar 2, 2023

In New York, it is generally legal to post court documents that are a matter of public record, such as court orders and decisions, online. However, it is illegal to post someone's home address online if it is intended to be used to harass or threaten them. New York has specific laws, such as... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: A guy has been asking me to cash fake checks for a few months, should I go to the police to report him?

Met some guy who asked if he could cash his checks in my bank account, because he was having problems, and being extremely naive I did .I've only recently realized that they were fake, I believed him when he told me that his employer was having problems or something, and now I'm starting... View More

James L. Arrasmith
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answered on Mar 2, 2023

Yes, you should go to the police to report him. Cashing fake checks is a form of fraud and it is illegal. You should also contact your bank and let them know what happened so that they can take any necessary steps to protect your account. It's important to be honest and upfront about the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Are there any states in the US that prohibit the use of intrastate banishment as a punishment for crimes?

Intrastate banishment is the practice of banning someone from smaller geographic area's within a state such as entire towns, counties, and cities. It does not include banning someone from an entire state itself.

This is not a state specific question.

Important: The crimes in... View More

James L. Arrasmith
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answered on Mar 2, 2023

As far as I am aware, there are no states in the US that have specific laws prohibiting the use of intrastate banishment as a punishment for crimes. However, some legal experts argue that the use of intrastate banishment may violate constitutional rights such as the right to travel or due process.... View More

2 Answers | Asked in Constitutional Law and Criminal Law for New York on
Q: A guy has been asking me to cash fake checks for a few months, should I go to the police to report him?

Met some guy who asked if he could cash his checks in my bank account, because he was having problems, and being extremely naive I did .I've only recently realized that they were fake, I believed him when he told me that his employer was having problems or something, and now I'm starting... View More

James L. Arrasmith
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answered on Mar 2, 2023

Yes, you should report the guy to the police as soon as possible. Cashing fake checks is illegal and if you are found to be involved in such activities, you could be charged with a crime. It's important to be honest and transparent with the authorities and provide them with any information you... View More

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1 Answer | Asked in Family Law, Child Custody and Constitutional Law for New York on
Q: What is case law on a non-custodial parents girlfriend being requested to give a hair follicle after already submitting

Drug test by an oasis State facility

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2022

This is one of those questions that lack all of the detail needed to properly respond to. There is also missing an issue except to the extent that a "non-custodial parent's "girlfriend" already submitted to a hair follicle test.

There is a considerable body of case law...
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1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: I need a civil attorney to represent me in a a lawsuit against CPS in New York State. Seems no one has the experience.
Tim Akpinar
Tim Akpinar
answered on Nov 8, 2022

It's difficult for someone here to respond to your request for an attorney. The format of this forum is more Q & A than attorney referral service. To supplement your own searches, you could try the tab above, "Find a Lawyer." Additionally, the New York State Bar Association has... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for New York on
Q: What exactly is the civil fraud case trump is charged with and how serious is it? Was the 454 million dollars too much?

Just want a summary. Not asking for political views or trying to state an opinion.

James L. Arrasmith
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answered on Mar 26, 2024

The civil fraud case against Donald Trump involves allegations made by the New York Attorney General's office, led by Letitia James. The case alleges that Trump and the Trump Organization engaged in financial fraud by inflating asset values on financial statements provided to banks and... View More

2 Answers | Asked in Constitutional Law for New York on
Q: What are your opinions on the Church of Lukumi Babalu Aye vs Hialeah case?

I'm a highschool student and I am doing a presentation on this. I would like a professional opinion.

James L. Arrasmith
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answered on Nov 15, 2023

The Church of Lukumi Babalu Aye v. Hialeah case is a significant example of the U.S. Supreme Court upholding the principles of religious freedom as outlined in the First Amendment. In this case, the Court ruled that the city of Hialeah's ordinance, which was aimed at stopping the Church from... View More

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1 Answer | Asked in Constitutional Law for New York on
Q: How would you like to Make huge real History AND Serve a huge PURPOSE in this Life Experience as a Lawyer, beyond Law?

Today, with so much stuff out of Alchemy Alignment, most all CAN Now BE FIXED. Like Periodic Table ARE ALL chemical Possibilities.. Alchemy ARE about Human Life and all unrealized. THIS Legal Aspect Has Never Been forefronted Before. AND WERE Writ alREADY. AND MUST Now Be Opened. WERE Writ FOR Each... View More

James L. Arrasmith
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answered on Nov 13, 2023

What is your question?

1 Answer | Asked in Constitutional Law for New York on
Q: A lawyer in Canada and want to write the Bar in NY State but can't . I need a constitutional lawyer to fight NY rules.

I was called in the UK and Canada but it seems my LLB and LLM since distance learning is just not good enough while I was properly called to Ontario, Canada after having completed all the requirements of the National Committee on Accreditations and the Law Society exams and articles of clerkship.... View More

Rafail Veli
Rafail Veli
answered on Aug 16, 2023

A lawyer who wants to write the NY Bar but can't it seems because my education is not up to snuff for the Supreme Court Rules of NY.

This has got to change for me and others as bona fide lawyer who can write the California Bar but not the NY one!

1 Answer | Asked in Constitutional Law for New York on
Q: Three courts including Supreme Court declared that I'm fully right, but refused to charge my defendant (Poland)

Documents:

https://law.justia.com/cases/federal/appellate-courts/cadc/19-7160/19-7160-2021-06-18.html

https://f.hubspotusercontent40.net/hubfs/878449/41519%20pdf%20ODonnell%20br.pdf

I am correct in all of my statements made in the statement of claim and read out during... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 22, 2022

Because Poland is a Sovereign. "...Poland did not implicitly waive its sovereign immunity..."

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Is it illegal to carry a cane sword that isn't sharpen (still original with dull edges) in New York?

I wanted to use the cane with a suit without ever exposing the blade which isn't sharpened

Stuart Austin
Stuart Austin
answered on Apr 21, 2022

Yes. It is still illegal. The statute definition does not differentiate whether the blade is dull or sharp. You could remove the blade and just use the cane part.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: Can a person be discriminated because of their religion at their place of employment.
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Feb 4, 2022

It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... View More

Michael David Siegel
Michael David Siegel
answered on Jan 5, 2022

Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.

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1 Answer | Asked in Child Support, Civil Rights, Constitutional Law and Public Benefits for New York on
Q: Sorry not an american by birth or anything and I have stayed 15years here in united state have no legal papers
Tim Akpinar
Tim Akpinar
answered on Nov 29, 2021

Your post covers a number of categories but it remains open - maybe because a specific question is not included. But it looks like something that an immigration attorney could have insight into. If that's the case, one option is to repost and include Immigration Law as a category; another is... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Identity Theft for New York on
Q: I got money stolen as well from Coinbase can I join this class action lawsuit?
Derek John Soltis
Derek John Soltis
answered on Nov 19, 2021

Hello,

You should talk to an attorney to go over the facts of your case. You need to explain how and who stole your money. Basically, why Coinbase is at fault for your loss?

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: How to look up Equitable Estoppel Employment Cases that was successful in relation to plaintiff mental illness

Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund

V. Jonas Urba
V. Jonas Urba
answered on Oct 17, 2021

A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... View More

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