How to Choose a Trademark Attorney to Register Your Trademark or Logo

For most established businesses, the most important asset is its brand. When one considers some of the most prominent brands today, it becomes clear that without the exclusive use its owner enjoys over it, by virtue of trademark laws, all goodwill that the business benefits from is lost. Whether its the main company brand, its logo, or one of the many other trademarks that a company uses in the marketplace to identify its various goods and services, protecting these valuable trademark assets is one of the most important things that any business should address.
So where does one turn to ensure that its trademarks are protected to the maximum extent allowed by law? The process of getting this protection for a trademark in the United States involves registering the trademark with the United States Patent & Trademark Office (USPTO). There are several options.

One can turn to a law firm. This is certainly the most expensive option. Trademark attorneys at law firms generally charge by the hour and, depending on the size of the firm, hourly rates can range from $250 to $600. Given the uncertainties involved in the trademark registration process, this can add up to an unpleasant surprise when all is said and done.

Unfortunately, a lot of people use the services of so-called document filers, including the giant of the industry, LegalZoom. This is never the right choice. It is a little known fact that these services do not in fact register your trademark. They merely file an application with the information that you provide to them without any legal review or follow-up. If you are thinking of using such a “garbage-in, garbage-out” service, you might as well save your money by cutting out the middleman and doing it yourself.

One can attempt to register a trademark on ones own. In fact, anyone can represent oneself in any legal proceeding, but it is the rare individual who is willing to take on the challenge of “playing lawyer”. The trademark registration process is fraught with potential snags that only an experienced trademark attorney can navigate. An experienced trademark attorney knows the law and the “tricks of the trade”, and has had significant experience with the USPTO – thus being in a position to most accurately evaluate the outcome of choices to be made and arguments to present in order to get the ultimate prize of a registered trademark for her client.

So, now that it is clear that an experienced trademark attorney is the smart choice, how do you find one? There are many trademark attorneys with websites through which you can engage the attorney to initiate a trademark application. There are several key things to look for. A description of each of these follows.Look for a “Real” Flat Fee While many trademark registration attorneys will advertise a flat fee, be very careful about this claim. The vast majority of so-called flat fee trademark registration services excludes certain work, and will instead charge an hourly rate for this excluded work. The most significant work charged by the hour is the work involved in responding to “substantive” office actions issued by the USPTO. It is very common for the USPTO to at least issue an initial refusal to register your trademark based on one of the many statutory provisions of the trademark law that place restrictions of what may and may not be registered as a trademark. Responding to these office actions can be a very time consuming process. You want to be sure that this is included in the advertised flat fee. Virtually always, it is not. Other categories of work are similarly very often excluded from the flat fee, including submitting certain types of evidence, filing certain necessary forms during “prosecution” (i.e. the registration process) and including more than one class of goods and services in the trademark application. Be Sure That Your Trademark Will be Thoroughly Searched A necessary step in the trademark registration process is the trademark search. This maximizes the chances that your trademark will not be refused due to a prior conflicting trademark or that there are any prior common-law trademark rights owners that can take legal action against you even if you are able to register your trademark. You want to be sure that you obtain a comprehensive search that includes not only a search for identical trademarks that are registered but also common law trademarks, business names, domain names, and most importantly, any trademark that may not be identical yet nonetheless will be considered “confusingly similar” to yours. For example, in a recent decision of the court that reviews decisions of the USPTO, the trademark JOTS (for gelatin based alcohol based “shots”) was deemed to be confusingly similar to the trademark TOTTS (for champagne). Only a good trademark search performed by an experienced trademark attorney would have discovered this issue before any money was wasted on the process.Make Sure That the Attorney Has Significant Experience Registering Trademarks This is perhaps obvious but you should still be sure you know whom you are working with. Youll want to see that the trademark attorneys credentials are detailed on her website. You should also look for an attorney who is willing to provide free consultations and who offers multiple means of communicating with her (email, phone, forms, etc.). For the fixed fee, a trademark attorney should be willing to spend as much time communicating with you as necessary. The trademark registration process is a very collaborative one where the attorney will often need much information from you in order to do the job in a way that maximizes your chances of obtaining your trademark registration. This often requires a lot of back and forth between the attorney and the client. A good trademark attorney is skilled at explaining sometimes confusing aspects of trademark law and practice in a clear and concise manner for you.

Armed with this knowledge, you are ready to start protecting your companys most valuable assets.

Islamic Divorce in New York State

Muslims residing in the State of New York are in a dual situation when it comes to the implementation of family law. On one hand, they are governed by the religious law of Islam, known as Islamic sharia, and on the other hand, the secular family law of the state of New York. To Muslims, the family law of Islam mandates that marriage and divorce among Muslims should be done in accordance with the Islamic sharia, regardless of whether they live in an Islamic or secular country. Civil divorce decrees obtained by secular courts are not recognized by Islamic sharia.

Under Islamic law, a Muslim man may marry a non-Muslim woman, whereas a Muslim woman is prohibited from marrying non-Muslim man. Under these rules, a non-Muslim woman marrying a Muslim man in compliance with Islamic sharia is subject to the rules of Islam in the areas of divorce, child custody and inheritance. In other words, a non-Muslim woman who gets married to a Muslim man in accordance with Islamic sharia, loses custody of her children in case of divorce, or in case the husband dies. Consequently, a non-Muslim woman marrying to a Muslim man is forced, under the rules of Islamic sharia, to surrender custody of her son when he reaches the age of seven, and her daughter at the age of nine. She also prohibited from inheritance. These rules are applied throughout Muslim countries with a system of sharia-based family law in place.

Marriage Contracts in Islamic Sharia
Under the rules of Islamic sharia, the marriage contract should include: (1) names and addresses of the couple; (2) name of the guardian of the bride; (3) names and addresses of two male witnesses; and (4) the amount of mahr, or a promise of money or its equivalent to be given by the husband to the bride. Like any other civil contracts, Islamic marriage contract should be in the form of offer and acceptance by the parties.

Contrary to the popular notion that mahr is dowry; it is not. A dowry is what the wife contributes to her marriage while mahr is an obligation on the husband to pay his future bride. Others call it a gift; it is not a gift either, because mahr is an obligation on the husband and is mandated by the Quran. The Quran calls it sadaq (Quran 4:4). If no stipulation of mahr is provided in the marriage contract, the marriage remains legal and in effect; in such a situation, the “qadi” (judge) will determine the amount of mahr, which remains a property of the wife alone. The amount of mahr can be paid partially: up-front (Arabic, muqaddam), and deferred until divorce or death of the husband (Arabic, muakhar), or it may be prepaid in full before the consummation of the marriage.

Legal Status of the Mahr Provision in Islamic Law
The most important feature of the mahr provision is that one party makes an offer and the other can accept or refuse to accept. It is a financial settlement between the couple in case a divorce occurs or the husband dies. Although, Muslim women do not personally bargain for the mahr agreements, and, in almost all of the divorce cases that I have seen so far, in the Middle East, Europe and the United States, Islamic marriage agreements involving mahr are negotiated by the representative (Arabic Wali) of the bride.

In the State of New York, an Islamic marriage contract involving mahr may be considered premarital agreement for a divorce settlement. In legal terms, this is called a concurrence of wills or meeting of the minds of the future husband and his future wife. This also means that each party from an objective perspective engaged in conduct manifesting their acceptance, and a contract was formed when both parties met such a requirement.

The basic rule is that a premarital contract will be interpreted and enforced in accordance with the law of the state in which it was entered into. Thus an Islamic marriage contract signed in Egypt according to the Egyptian law for example, must be interpreted according to the law of Egypt. The Restatement of the Law Second Conflict of Laws 3d, Chapter 8, Contracts, is clear about the law for the state chosen by the parties to a contract. The text of the Restatement reads: “(1) The law of the state chosen by the parties to govern their contractual rights and duties will be applied if the particular issues is one which the parties could have resolved by an explicit provision in their agreement directed to that issue.”

Looking at both academic and case studies in this area of law, this article points the reader in the direction of the current trends in the treatment of mahr in New York State and to address Islamic family law issues relevant to New York State law and the working of its legal system. The mahr provision in an Islamic marriage contract has been interpreted differently in other states. For more information on treatment of mahr in other states, the individual should seek legal advice.

Interpretation of the Mahr in New York State
Muslim men and women assert their Islamic legal rights in American family courts; as a result, Islamic sharia governing their marriages and divorces becomes an important and complicated part of the American legal landscape. This leads to a discussion of court cases involving Muslim marriage and divorce litigations in the State of New York, as well as whether New York courts will enforce the terms of Muslim marriage contracts, mainly the mahr provision.

New York courts have jurisdiction over divorce cases within its territory, with specific focus on premarital contract structured in accordance with foreign laws. And, various state courts have found no public policy prohibition in enforcing such agreements. In New York, a mahr agreement may be interpreted within the context of a contractual obligation.

In Aziz v. Aziz, the couple entered into a mahr agreement which required the payment of $5,032, with $32 advanced and $5,000 deferred until divorce. The New York court ruled that the contract conformed to New Yorks contract requirements, and that “its secular terms are enforceable as a contractual obligation, notwithstanding that it was entered into as part of a religious ceremony.” (See Aziz v. Aziz, N.Y.S.2d at 124).

In this case, the husband argued that the mahr agreement provided in the Islamic marriage contract could not be enforced because it was a religious document and was not enforceable as a contract. The wife responded by stating that although the mahr is a religious stipulation; its secular terms can be properly enforced by the court. The court agreed with the wife and ordered the husband to pay the deferred mahr. The court found that the mahr agreement complied with the necessary statutory requirements to be recognized and enforceable as a premarital agreement and held that the secular terms of the mahr agreement were “enforceable as a contractual obligation, notwithstanding that it was entered into as part of a religious ceremony.” The court stated that the mahr agreed to by the couple constituted a secular debt of $5,000 and ordered the husband to fulfill the terms of the agreement.

The case was based entirely on another New York of Appeals case of Avitzur v. Avitzur involving a Jewish Ketubah in which a Jewish woman sued for specific performance to force her ex-husband to appear before a Beth Din (Jewish Court). Under Jewish Law, only a man can grant a divorce, or “Get”. Until he does, the woman cannot remarry within the Jewish faith to anybody. Her children will then be considered illegitimate. In order that a “Get” may be obtained, both husband and wife have to appear before the Beth Din. The husband refused to appear, leaving the woman in a state of marital limbo, making her an “agunah.” The New York Court of Appeals found that the Jewish ketubah constituted a valid premarital agreement that could be enforced despite the religious underpinnings of the agreement.

Conclusion
As the second largest religion, and with the number of Muslims immigrating to the United State on the rise, American courts are more frequently looking into Islamic divorce litigations between Muslim couples. Out of respect to Islamic law and culture, American courts attempt to apply certain provisions from Islamic sharia, such as the mahr contract in divorce cases involving Muslim couples. By doing so, American courts risk involving their arguments with gender and economic inequalities between Muslim men and women, leaving Muslim women destitute. The application of mahr agreements in Islamic divorce in the United States prevents women from exercising their rights to equitable distribution of marital assets upon divorce. If the courts need to extend their respect to Islamic law in divorce situations, they should look into whether the wife had a choice in signing the mahr agreement. Muslim women do not personally bargain for the mahr agreements, and, in almost all of the divorce cases that I have seen so far, in the Middle East, Europe and the United States, the Islamic marriage agreements involving mahr are negotiated by the representative (Arabic Wali) of the bride. Other states do not regard the mahr to be a premarital contract. Individuals seeking information on the treatment of mahr by other states should seek legal advice from a competent attorney.

DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

Republishing of this article is hereby granted by the author.

Immigration LawyerChoosing The Proper Immigration

Years ago, vacationers to the United States went through the immigration processes at Ellis Island, New York City. Those trying to immigrate at the moment, face a tangle of confusing laws. The United States immigration code is incredibility complicated and even politically divisive. Any immigrate who wants the benefits of American citizenship, ought to think about an immigration attorney. This is especially true of those who, for no matter motive, haven’t got all their necessary paperwork.

If you might be submitting a petition for a green card or a Visa or you have to keep away from work or deportation then you have to an immigration lawyer. Most of them are sincere and hardworking professionals who’re there to help you. Nonetheless, you need to be very cautious when you are deciding on one. There are several legal professionals who’re liars and not dependable. They charge exorbitant fees and will only take you round in circles. Let me offer you just a few tips about the way to choose the fitting lawyer in your case:

If you make a mistake while making an attempt to file your personal immigration software, you is perhaps charged certain fees. A very good immigration lawyer might help you assess your situation and give you the recommendation you need. This is vital in case you are in bother or dealing with deportment. Immigration attorneys can help you as you file for asylum.

Wrong Recommendation – Watch out for unethical recommendation given by attorneys who are mere money-spinners. If the attorney tells you to document a lie, you’re in the mistaken hands. By no means trust such a lawyer and do not even hire his or her services.Petition preparers or Visa consultants – Such brands of individuals are not immigration lawyers in the correct sense of the term. They simply prey on foreigners who need some help for his or her immigration and only help in typing out the varied documents. Any average individual can prepare his or her petition and such visa consultants are ineffective on your immigration issues.

Court Hearings Moreover, if the immigrant is unable to seem in court docket attributable to a serious sickness or another disabling condition occurs to keep them away from an immigration court hearing, your lawyer can act in your behalf. You would possibly be capable of reschedule or attraction a decision made.

A good immigration lawyer will be capable to give trustworthy and detailed assessment of your case. He’ll tell and clarify all accessible choices in the light of not only current laws, but also payments under consideration. Further, a lawyer will put together your case and represent you in appropriate federal agencies. A lawyer may defend your pursuits in appellate proceedings.

If you actually need to proceed to find a lawyer, I will share the site I went the opposite day here: find a lawyer now!

Personal Injury Attorney-What Do They Do

This branch of law covers personal injuries and the person who handles these types of cases is called a personal injury attorney. They are the legal person that represents the injured person in the civil law system. If you have been injured by a person or company you are entitled to sue those who you believe caused the injury no matter how serious the injury is. In the United States if you have been injured by intentional or negligent actions you can sue them under a body of common law referred to as the tort law system. Civil law and tort law systems are designed specifically to put the injured person back into the same position they would have been in if they had not been injured. One example is if a person has been injured and is experiencing pain and suffering, has incurred medical expenses, and damages they can sue who caused this injury to recover money to pay for the expenses.

When you have been injured you will need to hire a personal injury lawyer who will take down all the information about the injury, what expenses are occurring now and if any will be occurring in the future, any pain and suffering now and in the future, loss wages if any, etc. Once the personal injury attorney has all the information they will file the papers that are required with the court to institute the impending lawsuit. Many times it is common for both parties to settle out of court during the litigation. If both parties cannot reach an agreeable settlement the case would go to trial.

Before the case gets to the personal injury litigation phase the attorney will help you, referred to as the plaintiff, prove how you were injured and how the person you are suing is responsible whether it was through intentional wrong or negligence on their part. Most attorneys in the United States and Canada work on a contingent fee basis which basically means that the attorney will only get paid if you win your case. When you win the personal injury lawyer will receive a percentage of the settlement you won. Personal injury attorneys may represent you if you have been injured as a result of medical malpractice, a slip-and-fall incident, car accident, or assault and battery. Once you have hired a personal injury lawyer they will take care of all the paperwork, any doctor visits they need you to go to, and any witness statements in regards to the injury.

Are you looking for a professional and experienced personal injury attorney? Hamilton & McInnis L.L.P. are among the leading lawyers San Diego and your case will be handled by an experienced partner in the firm. With extensive knowledge across a broad spectrum of practice areas.

Understanding Some Basics On Criminal Law

Criminal laws consist of prosecution by the government of someone for an action that has been grouped as a crime. Civil cases, to the contrary, involve individuals and organizations seeking to deal with legal disagreements. In a criminal case, the state, through a prosecutor, triggers the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be imprisoned, ticketed, or both. However, people deemed accountable in a civil case may only have to give up property or pay money damages, but are not jailed.

A “crime” is any act or failure to act in violation of a public law outlawing or commanding it. Even though there are various common law crimes, nearly all criminal offenses in the United States are implemented by local, state, and federal governing bodies. Criminal laws range significantly from state to state. There is, nonetheless, a Model Penal Code (MPC) which acts as a good beginning position to obtain an understanding of the basic structure of criminal liability.

Criminal offenses include both felonies and misdemeanors. Felonies are ordinarily violations punishable by imprisonment of a year or more, while misdemeanors are violations punishable by less than a year. However, no conduct is a crime if it has not been previously confirmed as such either by statute or common law. Recently, the list of Federal criminal offenses dealing with activities stretching out further than state borders or having special impact on federal operations, has developed.

All statutes describing criminal behavior can be broken down into their various elements. Most criminal offenses (with the exception of strict-liability offenses) include two elements: an act, or “actus reus,” and a mental state, or “mens rea”. Prosecutors have got to prove each and every element of the criminal offense to yield a conviction. Additionally, the prosecutor has to persuade the jury or judge “beyond a reasonable doubt” of every fact required to constitute the criminal offense charged. In civil cases, the plaintiff has to show a defendant is at fault only by a “preponderance of the evidence,” or more than 50%.

The heighten burden required in a criminal case reflects the serious consequences of a criminal conviction.

Different between immigration and non-immigration visa

The foreign citizen interested to live in the USA permanently to work or to live. An immigrant visa gives all privileges like a normal US citizen. The non-immigrant visa issued to foreign citizens for temporary bases like travelling, tourism, business and education with limited privileges. The US consulate provides the Visa either immigration or non-immigration visa is depend upon the purpose. Non-immigrant visa is granted by the Department of Homeland Security Office.

Present Non immigration visa has more than twenty non-immigrant visas for temporary usage. Depend upon the reason US consulate temporarily provides appropriate non Immigration visas. Some of the non-immigrant visas: >

A transit C-1 visa is a temporary transit visa when you are going to another foreign country through the United States and your final destination is not a United States.

The B1 visa is a temporary visiting visa for either business or work and come back to your home country after completing work. B2 visa is a tourist visa with pleasure. With pleasure you go to the USA for tourism purpose like a honeymoon or tourism and more.

The F1 visa: is study visa. The student interested to go to the USA for the higher education purpose and come back to their motherland after completing your education. You must qualify TOFEL test to get F1 visa.

In this way have a lot of non-immigration visas. All non-immigrant visas are having a temporary limited period of time. Mostly US Department provides Australian (E-3) visa, border crossing card for Mexican travels.

Immigration visas: The visa for Live and Work in the USA permanently without any restrictions as a home country is legally called an Immigration visa.

The first step to get immigration visa is Visa sponsors petition to the USCIS for permanent residency. (United Stages Citizenship and Immigration Services simply called USCIS) Once USCIS has approved that petition, then it is forward to the NVC (National Visa Centre) further process to check petitioner is eligible or not.

The NVC center first instructs and analyzes the required applications to complete the visa application. Green card holders are the best example for immigration visa holders.

Most of the immigration categories are family sponsorship and employment sponsorship. It is also possible to upgrade non-immigrant visa holders as immigration visa holders. You can get non immigrant visas easily and quickly, but immigration visas are taken long period to get a green card.

Each and every visa have a certain limited number of visas either immigration or non-immigrant visas. If petitions are crossed the number of petitions, that petition is under waiting list and it will delay to approve that petition.

More info contact Immigration Attorney or at call 718-263-5999 for a FREE CONSULTATION.

Kratom Basics

Kratom (Mitragyna speciosa) is a tropical tree native to the jungles of Southeast Asia. It has been used by people in Thailand, Malaysia and Indonesia for centuries mostly to increase endurance for manual labor. Unlike many herbal remedies, the active constituents of Kratom, mitragynine and 7-OH-mitragynine have been identified and characterized. Both compounds are chemically related to yohimbine, but bind to mu, delta and kappa opiate receptors in the body and brain (mu opiate receptors underlie the pleasant and addictive effects of opiates like morphine and heroin).

Previously unknown in the west, it is becoming increasingly popular due to the activities of internet retailers, many of whom advertise it as a “legal high”. While this is true, Kratom has many legitimate uses aside from intoxication and has enormous potential as an alternative medicine for treating some very difficult to manage conditions.

Effects: In low doses, Kratom appears to be stimulant-like, providing extra energy and endurance. It is in higher doses that Kratom’s opiate-like effects become clear and users experience sedation, nausea and euphoria. Due to binding affinities for opiate receptors throughout the body, including the brain, Kratom’s effects are similar to many opiate analgesics including codeine and morphine. It produces states of intoxication that are similar to Opium and can be habit forming, albeit in a less intense way. Side effects of opiates can also be also present including itchiness and constipation.

Doses: The strength of Kratom is highly variable depending on the strain, supplier and time of year. A low dose varies from 2-4 grams and a high dose ranges from 5-10 grams. Doses higher than 10 grams, especially of high grade Kratom invariably cause unpleasant side effects including nausea, vomiting and motor agitation. Overdose and death has not been recorded with Kratom alone though it was detected in the blood of at least at least one polydrug death in Asia involving a whole cocktail of more harmful substances.

Method of consumption: There are various methods of consuming or extracting Kratom which can be acquired in various forms including whole leaf, crushed leaf and as a powder. The powdered form is easiest to deal with and will produce the greatest effect for the least amount of effort.

The simplest method of consuming kratom is to simply swallow the dry powder. This can be done relatively painlessly by pouring a little bit of water in the mouth, tilting one’s head back so that the water covers the throat, dumping in a pre-measured amount of Kratom from a piece of paper folded in half and swallowing. If done right the Kratom eater may not even taste the Kratom.
Eating Kratom dry delays the onset of effects and prolongs their duration. For a more rapid onset, Kratom can be simmered briefly in boiling water and then consumed as a tea. Due to the low solubility of active alkaloids in water, it is recommended that the plant material be consumed with the tea rather than filtered out.

Extracts: Alkaloids in Kratom, including mitragynine and 7-OH-mitragynine cannot readily be dissolved in water but can be extracted with other solvents. However, the effects of Kratom appear to be mediated by a wide range of different alkaloids and it is for this reason that extracts, sometimes labelled 10x, 30X or even 100X are often less potent than unaltered 1X plain leaf although one reported case of a a deadly overdose in Thailand involved Kratom extract in combination with other very strong drugs.
Medicinal Benefits and Heath Effects: Kratom has been used in Thailand traditionally to treat diarrhea and studies in rats have shown it to be as effective as Loperimide (Immodium AD) especially for the treatment of severe diarrhea (Chittrakarn, 2007).

Recently, chronic opiate users have begun to use Kratom for the treatment of opiate withdrawal (Vicknasingam, 2010). In most cases, Kratom can completely replace the opiate of abuse and relieves withdrawal symptoms even in very severe opiate users such as IV heroin addicts. Kratom itself can cause a physical dependance but its withdrawal symptoms are no where near as severe as that of illegal or prescription opiates and many addicts have found it useful to convert their addiction to Kratom first before quitting completely.

Because of its biological similarity to opiate analgesics, Kratom can successfully be used as an alternative for moderate to severe pain. It is less habit-forming than drugs such as oxycodone, morphine or hydrocodone that are traditionally used to treat conditions such as chronic back pain and may be just as effective.

Anecdotal evidence suggests that Kratom may be useful in alleviating symptoms of restles leg syndrome (RLS) although once habituated, withdrawal symptoms may make the condition temporarily worse.
Some of the compounds found in Kratom have been shown to have antioxidant properties and therefore are considered to be of significant health benefit. Additionally, consumption of Kratom can help add fiber to the digestive tract.

Legality: Kratom is completely legal in much of the west, including the United States and Canada. It is illegal to possess or sell in Thailand, Malaysia or Australia but is legal in Indonesia where much of the Kratom in western markets originate. It is not approved for human consumption by the FDA in the U.S. or relevant agencies in Canada and for this reason is not widely marketed at a large scale.

Sources: Kratom can be purchased in large quantities directly from growers but most customers in the United States and Canada prefer to order personal use quantities from reputable Kratom vendors in their own countries. Discretion is advisable when purchasing Kratom due to the large number of unscrupulous online retailers selling sub-par or even fake Kratom that is dangerous to consume.

Most Canadian customers buy from American sites but more Kratom stores from Canada, such as madamkratom.ca, have been appearing and offer lower shipping costs, faster delivery, and competitive prices. Nonetheless, many customers continue to order from American sources due to a lack of information or a perceived better value from U.S. sites.

Conclusion: Far from being just a “legal high” like Salvia, Kratom offers many health benefits for those interested in alternative medicines and may be a major godsend for those battling opiate addiction. While it is still largely unknown in the west, it is slowly becoming more popular and is readily acquired online.

References: Chittrakarn S, Sawangjaroen K, Prasettho S, Janchawee B, Keawpradub N. Inhibitory effects of kratom leaf extract (Mitragyna speciosa Korth.) on the rat gastrointestinal tract. J Ethnopharmacol. 2008 Feb 28;116(1):173-8. Epub 2007 Nov 28.

Balasingam Vicknasingama,, Suresh Narayananb, Goh Teik Benga, Sharif Mahsufi Mansora The informal use of ketum (Mitragyna speciosa) for opioid withdrawal in the northern states of peninsular Malaysia and implications for drug substitution therapy. International Journal of Drug Policy 21 (2010) 283288

Wichian Tungtananuwat and Somsong Lawanprasert. Fatal 4×100; Home-made Kratom Juice Cocktail. J Health Res 2010, 24(1): 43-47

Hemp And Legal Implications

Copyright 2006 Francesca Black

In 1619 Jamestown Colony, Virginia enacted laws ordering farmers to grow hemp. Similar laws were enacted in Massachusetts in 1631, Connecticut in 1632 and the Chesapeake Colonies in the mid-1700’s.

Even though the U.S. government encouraged American farmers to grow hemp for WWII and had even accepted it as payment of taxes in Colonial America, it is now prohibited to grow hemp in the United States.

Cannabis hemp was legal tender in most of the Americas from 1631 until the early 1800’s. you could even pay your taxes with cannabis hemp. In the mid-to-late 1800’s the 2nd & 3rd most commonly used medications were concentrated cannabis extracts and resins (a.k.a. hashish). At one time American companies Eli Lily, Squibb and Park Davis produced cannabis extract medicines but clearly that is no longer the case..

Today the THC levels in industrial hemp are so low that no one could ever get high from smoking it. Moreover, hemp contains a relatively high percentage of another cannabinoid, CBD, that actually blocks the marijuana high. Hemp, it turns out, is not only not marijuana; it could be called ‘antimarijuana.’ Although opponents of hemp production claim that hemp fields will be used to hide marijuana fields, this is unlikely because cross-pollination between hemp and marijuana plants would significantly reduce the potency of the marijuana plant.

On March 12, 1998, Canada legalized hemp production and set a limit of 0.3% THC content that may be present in the plants and requires that all seeds be certified for THC content.

In 1942 the US government strongly encouraged hemp cultivation to help with the war effort, going so far as to produce a film entitled “Hemp For Victory”. Hemp was grown commercially (with increasing government interference) in the United States until the 1950s. While congress expressly expected the continued production of industrial hemp, the Federal Bureau of Narcotics lumped industrial hemp with marijuana, as its successor the United States Drug Enforcement Administration (DEA), does to this day. Even though the US government encouraged American farmers to grow hemp for WWII and had even accepted it as payment of taxes in Colonial America, it is now prohibited to grow hemp in the United States. While industrial hemp and marijuana may look somewhat alike to the untrained eye, an easily trained eye can easily distinguish the difference.

The European Union subsidizes its farmers to grow industrial hemp. Hemp seed is not psychoactive and cannot be used as a drug. Hemp Seed does not contain THC. From 1842 through the 1880s, extremely strong marijuana (then known as cannabis extractums), hashish extracts, tinctures, and elixirs were routinely the second and third most-used medicines in America for humans (from birth through old age). These extracts were also used in veterinary medicine until the 1920s.

The illogical and unrealistic reasons for not growing hemp should be set aside now, as this crop will be a wonderful economic boon. In 1935 116 million pounds (58,000 tons) of hemp seed was used to make paints and varnishes yet it has been effectively prohibited in the United States since the 1950s.

Hemp was doomed by the Marijuana Tax Act of 1937, which placed an extremely high tax and made it effectively impossible to grow industrial hemp. While congress expressly expected the continued production of industrial hemp, the Federal Bureau of Narcotics lumped industrial hemp with marijuana, as its successor the United States Drug Enforcement Administration (DEA), does to this day. While industrial hemp and marijuana may look somewhat alike to the untrained eye, an easily trained eye can easily distinguish the difference.

No marijuana grower would hide marijuana plants in a hemp field. Marijuana is grown widely spaced to maximize flowers and leaves; hemp is grown tightly-spaced to maximize stalk and is usually harvested before it goes to seed. It is also the first place where law enforcement officials would look. No one would want to smoke industrial hemp. Industrial hemp has a THC content of between 0.05 and 1%. Marijuana has a THC content of 3% to 20%. To receive a standard psychoactive dose would require a person to power-smoke 10-12 hemp cigarettes over a very short period of time. The large volume, high temperature of vapor, gas and smoke would be difficult for a person to withstand, much less enjoy.

The US State Department must certify each year that a foreign nation is cooperating in the war on drugs. The European Union subsidizes its farmers to grow industrial hemp. Those nations are not on this list, because the US State Department distinguishes the difference between hemp and marijuana. Over 30 industrialized democracies do distinguish hemp from marijuana. International treaties regarding marijuana make an exception for hemp, and trade alliances such as NAFTA allow for the importation of hemp. In fact NAFTA allow for the importation of hemp. All members of the Group of Seven Industrialized Nations permit hemp cultivation except one-the United States.

Automobile Accidents A Post-Crash Checklist

While accidents do happen, there’s no reason why anyone should suffer with the physical, emotional and psychological trauma caused by another driver’s recklessness or negligence. With over 6 million car accidents a year in the United States, a statistic that is steadily rising, every victim of a crash faces mounting medical bills. Along with serious physical injuries, an automobile accident can be an extremely traumatic event that could require expensive psychiatric evaluation and treatment. Finally, a fatal injury, the loss of a loved one caused by another’s rash driving, is without a doubt, the single most painful experience associated with automobile accidents. All factors considered, an accident could very likely change your life – financially and psychologically.

For any victim of an automobile accident, here’s a quick checklist of the steps to be taken:

* Insist on a report being filed with the police or highway patrol;

* Jot down the name, vehicle license number, driver’s license number address and insurance information of any and all other persons involved in the accident;

* Obtain the names, addresses and telephone numbers of all witnesses;

* Photograph the accident scene including all vehicles involved and any visible damage;

* Do not speak with anyone about the accident or injuries other than your doctor or lawyer, especially not an insurance adjuster;

* Do not enter into any agreements without consulting an automobile accident lawyer. More often than not, truthful statements made with the intention of good will are easily misinterpreted and turned against you;

* Seek proper medical attention and explain to your physician or surgeon the precise details of the injury(ies) along with all symptoms and complaints;

* Make sure you report any memory problems, disorientation or confusion, no matter how insignificant these may seem at the time.

Automobile accidents fall squarely under personal injury tort law. As such, every victim has the right to receive a damage settlement from the guilty party, or their insurance carrier. The tedious process of handling the legal, insurance and medical paperwork as well as the phone calls, time and effort may be for naught if you do not seek qualified and experienced personal injury lawyers in California. It is prudent to choose personal injury attorneys who specialize in making sure you are compensated for the damages you have suffered, while you make a complete and hassle-free recovery. Furthermore, local lawyers understand local laws best. You’d be better off choosing a personal injury lawyer in Manhattan Beach if you happen to be injured there. A good attorney can legally establish that the other driver was at fault, take on the might of the insurance company and its lawyers and secure a fair settlement for all damages you may have incurred.

How To Get A Workers Visa With The Help Of A Miami Immigration Lawyer That Is Skilled And Reliable

There are circumstances which prove to be difficult for employers within Miami, and one such circumstance involves being able to employ individuals from outside of the United States. Doing so can be a great idea for employers because of the great set of qualities that these individuals have, but to be able to employ these individuals can require a substantial amount of work to ensure that everything is done legally.

People who wish to employ individuals from overseas need to ensure that the proper arrangements are made with regards to the workers visa that is needed by the prospect worker. The entire process of securing a workers visa can be relatively complex, and this is something that is common to most legal procedures, so people within Miami who are hoping to get into situations of this nature need to be prepared for the work that needs to go along with everything.

Logically, it helps for employers within Miami to get in touch with a reliable Miami immigration lawyer that can provide the right form of assistance in helping you secure the workers visa that you need for your prospect worker, and this includes help in handling all of the paperwork that will be necessary.

To give you a better idea of what needs to be done in order to successfully secure a workers visa for your prospect worker, here is a basic rundown of what needs to be done:

Arrange All Paperwork

First of all, there are certain documents that need to be arranged, and people who are in the process of securing a workers visa need to make sure that the documents that they have in their hands are the correct ones. Once these documents have been set, they will need to be filed with the US Citizenship and Immigration Services and the US Department of Labor. Going through this should be easy if you have a Miami immigration lawyer to help you arrange all the paperwork and file them all with the proper authorities.

Actual Visa Application

After all of the documents have been arranged and filed with the proper authorities, the employee would need to file their visa application at the nearest consulate or embassy within Miami. There will also be an interview as well as a medical examination that will need to be taken before the visa will be approved.

Being able to successfully go through the steps involved in securing a workers visa is best done with the help of a good Miami immigration lawyer that has the right set of skills needed in handling the legal aspect of such issues.