July 4th is a glorious occasion for all Americans. On this day, the native and the naturalized citizens come together to cherish the individual freedom that still remains a far-fetched dream for many around the world.

Independence Day is an opportunity to commemorate the nation’s birthday. It honors the founding fathers’ wisdom, resolve and vision for the country they pledged to serve not only during their lifetime, but also beyond the foreseeable future.

“All are created equal and born to be free,” – the natural law has been discarded by human race since evolution and the dominance of some over others is exercised as an “entitlement.”

Liberty is an inalienable right of every life on earth. Yet, freedom is seized from the weak and forced to pay a price through sacrifice and prolonged struggle to regain the fundamental right.

For the unfortunate, the oppression continues without a ray of hope in the lifelong battle that spans over generations.

The minority that controls the majority justify their actions through various interpretations, despite the evidence proving otherwise.

The complacency to the territorial annexation, occupying lands for economic benefits and denying equality to fellow human beings has promoted injustice against the vulnerable population resigned to the reality as the destiny.

Throughout history, human behavior is consistent in the invasion, occupation, persecution and annihilation in the extreme events. From Stone Age to Digital Era, the pattern is maintained with the variation in imperialism evolved into totalitarianism.

United States and other nations’ contribution in restoring sovereignty during the twentieth century world wars is significant and saved humanity from tyranny.

Subsequently, such involvements have yielded unsavory results due to the mission lacking in clarity and purpose.

The courageous troops in harm’s way diligently serve the nation to protect the freedom rejoiced by the people on this Independence Day. They are always in our thoughts and prayers.

Human suffering is brought upon by excess greed for wealth and power. It has led to perpetual warfare with serious economic and political ramifications.

Regardless of the tremendous human progress, peace is not an overwhelming choice in resolving disputes.

Aggression and violence precedes diplomacy and peaceful measures indicating the lack of patience.

Defense spending consuming the major proportion of the budget is given priority and the society’s economic needs rejected on the ‘national debt’ criteria.

United States was envied for being the model democracy and lately the civil liberties has been compromised under “FISA and Patriot Act,” with wiretapping, monitoring private communication, NSA warrantless surveillance…rendering freedom a privilege at the authority’s discretion.

Global security is threatened by terror. Terrorism is a revenge for the bad elements.

Sadly, the groups are emboldened by the failed policies of the corrupt political powers depriving the local population from the economic and political freedom to live and thrive in their domain.

Terror recruitments would decline sharply, if the people in the impoverished regions have access to necessities such as clean drinking water, health and education, agriculture and industrial growth at the least.

Instead, the economic and political powers have maximized military intervention with minimal or zero investments in the social and economic development, transforming the environment into a war zone for a decade and longer from Vietnam to Iraq and Afghanistan.

Freedom is the natural gift for the living.

History is testimony to the fact that none shall ever remain in eternal foreign rule.

The declaration of independence by the United States on July 4, 1776 followed by several other nations exemplifies the inevitable success to the oppressed.

Happy Fourth of July!

Thank you.

Padmini Arhant

The Senate Judiciary Committee hearing to confirm the Supreme Court Nominee – Solicitor General Elena Kagan is in process.

Solicitor General Elena Kagan upon confirmation would succeed the retired Supreme Court Justice, John Paul Stevens to the United States Supreme Court.

Notably, the appointment would strengthen the female representation to one-third on the current bench.

While it still remains a minority. it’s a significant social progress made in recent years to the highest court on land.

President Barack Obama’s commitment in this respect is praiseworthy.

Since the hearing commencement, the Solicitor General Elena Kagan has responded patiently and diligently to most if not all of the issues raised by the distinguished panel.

The Solicitor General’s disposition conforms to the previous appointees for similar position.

Therefore, it’s not unprecedented in the Senate confirmation hearing.

Although, departure from such tradition would benefit public confidence in the potential lifetime appointee entrusted with judicial duty on life and death matter.

The Senate members posed many important issues to ascertain the nominee’s position. Some were politically motivated and the majority relevant to the cause.

Solicitor General Elena Kagan’s background and credentials has been under scrutiny from the early introduction to until now.

The Supreme Court nominee is profiled for better understanding and in some instances caricatured to place the aspirant in spotlight depending on the critics’ “ethical” standard.

Solicitor General Elena Kagan stellar academic and career achievements have rightfully earned the recognition leading up to the Supreme Court nomination.

The buzz about the nominee from the beginning was her lack of experience in the capacity as a ‘Judge,’ despite the precedence set by the Supreme Court predecessors, the latest being the former Justice William Rehnquist nominated by the Republican President Ronald Reagan.

During the Senate hearing, the nominee, Elena Kagan had to address diverse issues ranging from:

The executive power, Congressional deference, corporate influence, political activism – a common attribute towards the democratic nominee by the opposition, past incidents linked to,

The military recruitment on college campus including clarification on personal statements and memos to determine adaptability to the existing judicial view.

Solicitor General Elena Kagan maintained throughout the session that she would strictly adhere to the Constitutional law and not attempt to interpret it differently for political or any other reason.

Further, the Solicitor General elaborated on personal humility and pledged to respect the precedential settings on historic hearings notwithstanding the Supreme Court recent ruling safeguarding the second amendment.

In addition, some Senate members sought assurance from the nominee on the denial of Habeas Corpus to detained terror suspects apprehended from civil or combat environment.

The nominee in agreement with “battlefield law, including indefinite detention without a trial, could apply outside of traditional battlefields.”

International law was extensively discussed against the Constitutional law to establish the nominee’s priority pertaining to the academic period as the “Dean at Harvard Law School.”

In other controversial social issues such as abortion, gay military personnel and the “Don’t ask, don’t tell,” policy, the Solicitor General confirmed the published views.

Protecting women’s health and highlighting the drawbacks from depriving the gay members to serve the nation on equal basis.

However, in the related subjects the nominee Elena Kagan reportedly stated the following:

Source: Wikipedia.org – Elena Kagan

“ 1. From 1995 to 1999, Kagan served as President Bill Clinton’s Associate White House Counsel and Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council.

While serving in that position, Kagan co-authored a May 13, 1997 memo to the President urging him to support a ban on late-term abortions stating that, “We recommend that you endorse the Daschle amendment in order to sustain your credibility on HR 1122 and prevent Congress from overriding your veto.”

2. In 1996, she wrote an article in the University of Chicago Law Review entitled, “Private Speech, Public Purpose:

The Role of Governmental Motive in First Amendment Doctrine.” Kagan argued that government has the right, even considering the First Amendment, to restrict free speech, when the government believes the speech is “harmful”, as long as the restriction is done with good intentions.

3. During her solicitor general confirmation hearing, she said that “there is no federal constitutional right to same-sex marriage.”

Also during her solicitor general confirmation, Kagan was asked about the Defense of Marriage Act, under which states don’t have to recognize same-sex marriages from other states. She said she would defend the act.”

In due fairness to the nominee’s statements, the approach to defend the constitution is a primary judicial responsibility.

At the same time, if exercising empathy in the decision-making is characterized as ‘social activism,’ then similar considerations to the authorities in the executive and legislative branches not barring the corporations exceed the judicial power granted within the confines of the law.

Unfortunately, it’s a growing trend hindering justice particularly on ethical misconduct in the democratic system.

Again, the Solicitor General perceptions on the basic human rights – women’s health, freedom of expression superseding the second amendment in the Bill of Rights, and gay rights is lacking in candor consequentially the clarity on the fundamental law that –

“All are created equal and hence qualify for the equal application of law.”

Social injustice based on race, religion, sexual orientation, gender discrimination, economic status…are explicitly prevalent given the human progress in other tangible fields.

The political, economic and religious institutions intrusion in justice has the ‘average’ human life hanging in balance with the hope that justice is served by taking into account,

Obedience to the law as well as the facts and evidences authenticated by the conscionable action to be impartial.

Solicitor General Elena Kagan is regarded for her intellect, consensus building, hard work and thoughtfulness, the valuable assets that would not only contribute to the enriched Supreme Court representation, but also empower the nation’s highest court with additional perspective.

If confirmed, Solicitor General Elena Kagan would have the opportunity to be a superb Supreme Court Justice.

Best Wishes to the Solicitor General Elena Kagan in all her endeavors.

Thank you.

Padmini Arhant

Less than an hour ago, the House of Representatives’ concerted effort to revive the bill extending unemployment benefits to the millions of people representing the stars and stripes fell short by three votes in the two third majority requirement.

Yea – 261 votes. Democrats – 231 and Republican – 30.

Nay – 155 votes. Democrats – 15 and Republican – 139

Not clear on the remaining single nay vote.

Despite the citizens’ plea to Congress members to pass the bill through bipartisanship,

By revealing their deteriorating economic situation due to the weak job market, severe recession and the unemployment benefits expiration,

The ‘Nay’ Sayers on both sides rejected the public plight to allow politics prevail over people’s life.

Legislation failing by three votes that could have salvaged millions from becoming homeless is a tragedy and a sad day for democracy.

Regardless of the political differences, ignoring the harsh realities experienced by the people across the nation is incomprehensible and speaks volume about the individual priority.

Perhaps, the lawmakers possessing the power to improve lives have a legitimate explanation for their action depriving the American families, the means viz. unemployment benefits and tax breaks for small businesses to cope with the dire economic crisis.

Human nature is to protect, preserve and nurture life, not aid in their destruction.

Unfortunately, the current trend is ominously in favor of the latter.

Anything that is detrimental to human existence and life threatening has overwhelming support in the political and judicial system fomented by certain news media.

On the contrary, the bills pertaining to economic recovery and legal issues on life sustenance is defeated with no concern for the consequences.

The reasons behind such decisions are usually related to personal and political ideology.

When human beings have the power to help others in their suffering and they willfully act against their conscience, it is clear that they are guided by their illusion rather than intuition.

The real joy and success is measured by the selfless activities i.e. without any expectations in return for promoting progress among the less fortunate in the society.

Any work performed for greater good often accompanied by empathy makes life worth living.

Notwithstanding the eternal bliss –

For health, wealth and power are meaningless without inner peace and happiness.

Something that cannot be achieved by superficial sources in life.

It’s a sincere hope that the Congress members in the House and the Senate elected by the people to address their needs would reconcile the disagreements with the majority and collectively resolve the national crises hurting their constituents and the citizens at large.

Thank you.

Padmini Arhant

Today, the United States Senate and the nation lost a longest serving Senator and the member in congressional history.

Senator Robert Carlyle Byrd, a Democrat from the state of West Virginia, political career span from January 2, 1959 – June 28, 2010.

Reflecting on the record, the Senator had previously struggled to keep pace with the social developments in the society.

Nevertheless, towards the end there appears to be some reconciliation with the erroneous decisions the Senator had made during his term in office.

No human being is infallible. Those who recognize the missed opportunities to contribute to positive changes and later do it right are honorable.

For the recent contributions benefiting all forms of life represents the core value, a confirmation of the fact that it’s never too late to act for greater good.

Senator Byrd has served the West Virginia constituents well. Otherwise it would have not been possible to hold the historic position in the Senate.

The democrats and other Congress members reminisced their time with the Senator from West Virginia.

Senator Robert Byrd’s unprecedented public service to the citizens in West Virginia and across the nation remembered with respect and gratitude.

Thank you.

Padmini Arhant

The unemployed citizens have presented their desperate situation with the hope of getting some help.

It’s not always easy to be open and upfront to the world about one’s life.

It requires honesty. Honesty demands courage.

The citizens’ message has adequate reasons and highly inspirational, apparently a prerequisite in approaching the elected officials for their votes on life and death matter such as jobs and health related bills.

A lawmaker’s constitutional duty to serve the citizens at all times more so during critical hour is portrayed as a favor or mercy towards their subjects by the authorities and certain news media.

If these messages do not change the ‘Nay’ votes to ‘Yea,’ votes, then ‘compassion,’ and ‘righteousness’ have lost their meaning.

Meanwhile, anyone who could assist these citizens to cope with the difficult circumstances would be not only saving lives but also providing the nation with additional taxpayers through their employment.

Your kindness is much appreciated.

Thank you.

Padmini Arhant

Please read the message from the citizens pleading for survival means. Thanks again.

The URL or any other information about job sites and financial aid may be posted in response to citizens’ comment on this website against appropriate articles. Thanks again.

1.” JOE: From Why Senate must act immediately on the Unemployment Benefit Extension?,
2010/06/27 at 4:44 PM

THE REPUBLICANS FILIBUSTERED THE VOTE TO TRY TO MAKE THE DEMS LOOK BAD.

I CAN ALMOST HERE THE ANTI CAMPAIGN COMMERCIALS NOW.

This is political nonsense at its best.

THEY HAVE TO VOTE BY THIS WEEKEND BEFORE THEY GO ON VACATION (THAT’S A JOKE IN ITSELF)

I HAVE NO INCOME COMING IN, MY 26 WEEKS ENDED LAST SUNDAY.

ARE WE CHASING THE GHOST OF TOM JOAD?

I’VE BEEN KNOCKING DOWN DOORS FOR A JOB, NONE EXIST.

WITH A DAUGHTER ENTERING HER SOPHOMORE YEAR OF COLLEGE, THERE’S NO WAY TO HELP HER ALONG THE WAY. CELL PHONE DUE, RENT DUE, CAR PAYMENT DUE.

GAS TO FILL UP MY CAR. UTILITIES TO PAY.

I’M A SINGLE FATHER, I CAN’T SURVIVE WITHOUT THE EXTENSION…PRAYING THAT THE JOBS WOULD COME, BUT THAT’S LIKE ASKING A FARMER TO RAISE CROPS WITH NO WATER…

PLEASE, FOR THE LOVE OF GOD, SENATORS, GET YOUR…BACK TO WORK AND,

FIGURE OUT A WAY TO GET A BILL SIGNED. AND CREATE MORE JOBS BY YEARS END…OUR FUTURE, WITHOUT IT, IS THE GRAPES OF WRATH REVISITED ALL OVER AGAIN…”
————————————————————————————–

2. “out of benefits in Ohio:

From Senate Block Vote on Unemployment Benefits Extension and Delay Medicare Reimbursements, 2010/06/28 at 8:35 AM

To Padmini Arhant,

You are so full of it.

Congress is ignoring everyones plight.

While they spend money for big dinners and jets and cars, we the working class get to live in the streets.

I guess the ILLEGAL immigrants are more important to Washington than the citizens of the US.

Washington is spending $10.4 Billion/year on them.

Because I don’t have children at home, I can’t get medical care for my wife.

I can go to the VA but they won’t give me 2 of my meds for a heart condition because some government agency decided I didn’t need them.

Meanwhile I see drug addicts and dearlers getting all kinds of help. I hope that you never have to rely on your government to take care you….”

The organization dedicated to helping children with disabilities made the following plea and requested the U.S. Senators from both sides of the aisle to consider reviving the bill and approve the federal Medicaid funding to the states.

One cannot ignore the urgency on this important measure.

Hopefully the GOP Senators would heed to the call for assistance from the most vulnerable members in the society, the children and pass the legislation on humanitarian grounds, if not as a constitutional responsibility.

Thank you.

Padmini Arhant

———————————————————————————————-

Fri, June 25, 2010 12:34:38 PM
URGENT: Tell your Senators to do the right thing

From: “Katy Beh Neas, Easter Seals”

Easter Seals: Creating life-changing solutions so that people with disabilities can live, learn work and play.

Dear Padmini,

Vital health care services for people with disabilities are at stake.

Urge your Senators to do the right thing for people with disabilities by passing the Medicaid funding extension.

Last night, the Senate was just three votes short of passing critical Medicaid support for people with disabilities.

If the Senate does not approve additional federal Medicaid funding to the states, they will be forced to cut benefits and services for people with disabilities and chronic illnesses.

We came so close last night. Every message from Easter Seals supporters like you will make a difference when the Senate takes this up again in the next few days.

Act now! Urge your Senators to protect people with disabilities by voting to extend this enhanced federal Medicaid funding!

Medicaid is a lifeline for children and adults with disabilities. Because of the health care they get through the program, they are able to be successful in school, keep a job and live independent lives.

Thanks to Medicaid, a child with autism can get the speech therapy he needs, a teenager with spina bifida can get the wheelchair she needs to use to get around school, and an older person living with a chronic illness can see his doctor.

Medicaid exists to help people who can’t otherwise afford it, pay for critical services like these.

But state budgets have been squeezed by this recession. With less and less tax revenue coming in, they’re facing the prospect of devastating cutbacks.

They need help filling the gaps and keeping important programs afloat.

They’re counting on support from Washington.

The federal government has always shared the financial responsibility for Medicaid.

With so many people in need and the states so strapped for cash, this is the moment for the Senate to step up with additional funding.

When enough of their constituents weigh in, elected officials listen.

That’s why we can’t let Senators cast their vote again without hearing our voices.

But it has to happen fast.

Write your Senators and let your opinion be heard before it’s too late.

I really appreciate your help on this critically important issue.

Dedicated Easter Seals supporters like you are the difference between winning and losing these legislative battles.

Thanks again,

Sincerely,
Katy Beh Neas
Vice President, Government Affairs

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________________________________________

From: An Unemployed Mother in her comment to the earlier published article :

“Senate Block Vote on Unemployment Benefits Extension and Delay Medicare Reimbursements,”

unemployedmother: 2010/06/23 at 7:16 PM:

“You are missing one key point. The longer the senate waits to vote on this, the more people, including myself and my two sons, will have been made homeless because we cannot pay the rent. I have no money, my phone was cut off due to unpaid bill, my electricity will be next, but that doesn’t matter, I will have no home. Without a home, how are we supposed to vote…for we will have no known address.”

Moment of Reflection: By Padmini Arhant

To the Republican Senators and others stalling the legislation:

How many more victims must come forward pleading for help?

How long must they endure the political stalemate, ultimately affecting the suffering population?

Failure to vote in the legislation such as the unemployment benefits to the laid off workers for no fault of their own and the millions having become homeless in the miserable economy, the Bush-Cheney legacy to the American families – is negligence of constitutional responsibility.

Lawmakers are elected to act on behalf of their constituents and citizens across the nation on all of these issues.

Instead, the GOP members are pledged to ignore the voice of the people, assuming them to be a mere formality in the political process.

If the gridlock continues, it would be detrimental to the political party espousing the undemocratic strategy.

People are fed up of the political shenanigans displayed in every legislation rendering Congress, the republic’s chief representative in a democracy, a malfunctioned authority.

Hopefully, the Senators especially the Republican members will pay attention to the rising temperature among the exhausted population awaiting the opportunity to replace those who don’t deliver with the candidates dedicated to the people electing them to power in a democracy.

Time is running out for the legislators determined to widen the gap between the haves and the have-nots.

The hurting population are anxiously waiting to end the Washington tradition i.e. stall, filibuster and kill the bill.

Not anymore, for the citizens are energized to eliminate inaction and reinstate action in Washington, come November 2010.

Thank you.

In the past week, the United States Senate was presented with the two most important bills directly affecting the average Americans survival.

According to the reports, the GOP rejected the $24 billion aid to the long-term unemployed citizens in the cash-strapped state governments and the several tax breaks renewal for businesses and individuals.

Apparently, the 56-40 vote on June 17, 2010 fell short of four votes to avoid GOP filibuster. Without any Republican votes for the measure, the Nebraskan Democrat Senator Ben Nelson along with the Connecticut Independent Senator Joe Lieberman contributed to the filibuster.

Today, the Ohio Senators’ repeat attempt to revive the bill by emphasizing on the urgency of this extension remained unsuccessful.
————————————————————————————————–
Per: http://www.wkyc.com/news/local/news_article.aspx?storyid=138410&catid=3 – Thank you.

Ohio’s Democratic U.S. Sen. Sherrod Brown told fellow Senators that “more than 57,000 Ohioans — about the size of Elyria, Ohio or Mansfield, Ohio or twice the size of Zanesville — more than 57,000 Ohioans are estimated to have lost unemployment benefits since the extension ended in May, a month ago.”

“If the Senate does not pass an extension, that number will increase dramatically. More than 90,000 Ohioans could lose their benefits by the end of June. That is more people than live in Youngstown, more people than live in Springfield, more people than live in Cleveland Heights or Lakewood.”

Brown said that, nationwide, since the beginning of June, some 900,000 workers have run out of jobless benefits. That number will surpass 1 million by the end of this week.

Brown said today that he is very disappointed by the obstructionists’ moves to stop the extension of benefits.

“Senate Republicans are denying tens of thousands of Ohioans — and thousands of people in New Hampshire and hundreds of thousands of people in California and Texas and Florida — the Republicans are denying tens of thousands of Ohioans the unemployment insurance benefits they have earned during years of hard work,” Brown told fellow Senators.

“I ask my Republican colleagues who consistently vote no to try to empathize with those who have less privileges than we do, who don’t have huge staffs and don’t have a good salary and don’t have good insurance and don’t have a secure place to live, what their lives would be like if any one of us lost all of those privileges. I think it would make a difference in how they vote.”
————————————————————————————————-

Perspective – By Padmini Arhant

It’s evident from the Ohio Senators’ case scenario that the situation is dire for the citizens in many states with higher unemployment.

Denying thousands of workers the means to cope with the economic recession amid rising or stagnant joblessness under the pretext of national debt or demanding that they are paid for prior to approval is a misplaced priority.

Where the Republican members should be arguing for the prepaid funding is, unnecessary wars such as Iraq and now Afghanistan including the perilous offshore drilling contributing to colossal costs witnessed at present.

It’s common knowledge that the GOP members and the few Democrats against the bill have willfully authorized the defense funding for the prolonged wars and claim no objection to the environmental damages via offshore drilling…

The Nay Sayers fail to recognize the consequences of their action or the lack thereof, leading up to the status quo exacerbation.

When the national figure for jobless benefit is expected to reach a million by the end of this week, the complacency is the affirmation of the elitist least bothered about the populist plight.

Ignoring the struggling families’ desperate economic needs based on partisanship more than fiscal responsibility is politics superseding national interest.

Although, the estimated $13 trillion national debt is a legitimate cause, the divestments from other sources with excess budget allocation including the pork barrel spending could be utilized for this important legislation.

Citizens cannot be possibly deprived of existence in the worst economy and the Republican lawmakers’ argument in this respect does not bode well, considering the positioning is purely aimed at winning conservative support in 2010 elections.

As for the isolated democrats and the independent Senator Joe Lieberman, the clock is ticking with the diminishing public patience on all issues. The proof of the pudding is in the electoral outcome.

Increased awareness and harsh experience by the electorate is a political gamble for the incumbents and the new challengers in the coming election.

People are tired of gridlock and, the ominously missing empathy among the obstructionists is a blatant dismissal of the economic reality endured by the voters.

Therefore, the ideal strategy to resolve the bill passage would be to identify the redundant funds in the fiscal budget and reallocate them for the unemployment benefit extension as well as the retrospective Medicare payments towards health care service.

Regarding the Medicare decrease in doctor payments: The belated Senate vote to spare doctors a 21 percent cut in Medicare payments is proved to have escalated the administrative costs for the providers and the taxpayers.

Much to the AMA (American Medical Association) frustration and AARP, the seniors’ lobby disappointment, the Congressional delay in the particular legislation is stated to affect the large health care program availed by 46 million elderly and disabled people.

Further, the claims processed at the lower rate are forcing many physicians to stop accepting Medicare patients while others considering dropping out of the Medicare program.

The cut appears to have had a direct impact on the billings for the early part of the month because of the Congressional reprieve expiry on May 31, 2010.

Seemingly, the lawmakers’ failure to act earlier is drastically hurting doctors’ cash flow and subsequently the beneficiaries, i.e. the most vulnerable groups in the society – the senior citizens and the disabled population, who also happen to be the nation’s substantial voting bloc.

It is obvious from the facts and legislative events that the representatives declining to vote on the pivotal legislations viz. unemployment benefit extension and Medicare payments to doctors attending to seniors and disabled patients are adding to the national debt crisis rather than alleviating the taxpayers’ burden.

GOP Senators and the Democrats aligning with the Republican members in the voting process are miscalculating the fiscal ramifications and the inevitable political price for their decisions.

It’s essential for the victims in these two vital legislations to distinguish between those who represent the people from the ones’ sworn allegiance to the special interests – health insurance industry and the likes.

Please remember that ‘Change is made possible by the people.’

For the voters have the ultimate power in a democracy.

Thank you.

Padmini Arhant

On June 20, 2010, it was Father’s day, an opportunity to display gratitude to the other parent or caregiver in a family, the father.

An occasion such as this is a reminder to the loved ones to spare some time from their routine and reflect on the important aspects of the relationship with their father.

The experience with their parents or the surrogates may not necessarily be the same.

In fact, it differs within a family. Some daughters have a special bond with their father and the sons with their mother or the other way around.

Gender complements one another in a relationship. What one is lacking could be derived from another.

Alternatively, the combined qualities could further enhance the prospects for a successful partnership in general or professional life.

Essentially, the well-synthesized Yin and Yang effects create a new meaning in the ever changing world.

Contrarily, the gender competitiveness often erodes the possibility for a greater good to the family or formal dealings.

Even now, some societies follow the patriarch system with a hierarchy assigning the status to men and women in a family.

Traditionally, a father is an ‘authority,’ figure for he used to be the sole ‘bread winner,’ in the family.

Simultaneously, the matriarch custom has existed in the ancient civilizations and continued through in the contemporary period.

At mainstream, the once hunters and gatherers have embraced the egalitarian concept to an extent, although the widespread acceptance would enormously benefit humanity.

Nevertheless, the positive trend is a dynamic force with interchangeable duties and responsibilities exemplified in the modern society.

For those who feel deprived of the ‘Father’s,’ presence in their life, the vacuum is not easily filled.

However, some cope with the ‘Father-like,’ personalities found in certain members around them.

While others, limit their expectations and strengthen ties with the genuinely caring people either within or outside the family circle.

Father’s role is more related to exterior interactions and instrumental in the child’s development.

Therefore, the father’s engagement from early childhood to adulthood, especially adolescent phase is vital in the child’s upbringing.

Unfortunately, in the growing family crisis children are faced with the timeshare between their parents and the mandatory lifestyle.

A rational and reasonable approach in the family matter allowing the children to a ‘normal,’ existence would lead to a better life for everyone involved.

It may not be perfect, but at least it would address the children’s needs for a balanced guidance in life.

Society thrives from a solid family structure built with love, respect, understanding and trust. It applies to any form of family unit and not restricted to a conventional setup.

Children are the human legacy and they flourish in a hopeful environment.

Happy Father’s Day!

Thank you.

Padmini Arhant

I bear the ‘Almighty God,’ witness to the topic presentation.

Recently, there was a personal setback with a small claims complaint filed by a former tenant, who falsely stated not having received the rental security deposit on the rental property for the period May 2008 through July 2009.

The tenant and his spouse – Timothy Brook and Lucy Brook, had newly arrived from the United Kingdom with no credit history in the United States and leased the referenced property in the claim along with a commitment to purchase their own home at the end of the twelve-month period. Accordingly, it was unanimously agreed at that time to assess the individual status on both sides in a year.

During that period, all requests for any repairs were attended with new replacements under their supervision and utmost satisfaction, including the regular light bulbs changed six months after them settling in the house.

Further, a written consensus was reached to resolve any disputes by an arbitrator rather than lawsuits through attorneys or small claims court system and aim for amicable settlement avoiding litigation costs for both parties.

Unfortunately, this agreement was breached by the tenants who hired an attorney after their voluntary decision to vacate the property, despite my email request on June 3, 2009 about lease renewal for which there was no response.

The attorney sent an inflammatory letter stating that,

“Comply with my clients’ demands on any issues. If not, do so at your peril.”

All records are maintained up until now.

Subsequently, the tenants moved out of the property and the refund check for the rental security deposit was sent promptly. The tenants cashed it in the same month, i.e. July 2009, having acknowledged the adjustments and the payment. Receipts for regular cleaning costs and minor repairs were shared with the tenant. It was all accepted with no objection and the matter was settled in July 2009.

Approximately five months after vacating the house and cashing the refund deposit evidenced by a bank transaction showing check details and the encashment date by the party, a small claims judgment was mailed to my address indicating the amount to be paid against the complaint.

Following that, I filed a motion to vacate the judgment. It went drastically wrong due to the manner the hearing was held by the Commissioner Steven Yep, Santa Clara County, Small Claims Division, and the presiding authority on this case.

The Plaintiff arrived without the witness quoted as a “close friend,” – Simon Eldridge, to confirm the alleged ‘Proof of Service.’

When I raised the question about the witness’ absence with the Plaintiff before the hearing, he paid no attention and walked away.

Instead, the plaintiff delivered a letter that was not shared with me during the documents exchange prior to the hearing and the details were not disclosed.

The Commissioner mentioned that the letter was a note from the witness stating – “the witness could not be at the hearing because of an office meeting.”

Further, the Commissioner said that “he was satisfied with the witness statement by proxy,” alleging the service date and time.

NB: The witness statement was not an affidavit but an ordinary note, a copy that was later obtained.

Most importantly, the witness was not a third party i.e. a Professional Process Server or Sheriff hired to serve the summons with a genuine concern for legal consequences.

Even though, it’s permissible by law to have a person 18 years or above for this purpose, the conflict of interest and the convenience having a close friend to cooperate is easily available in this respect.

The Commissioner then looked at me and asked the specific questions, which he did not consider it necessary to pose to the Plaintiff at the beginning of the hearing:

Do you realize that you are under oath?

To that, I said – Yes, your honor.

Did you take the oath?

I replied. Yes, your honor.

Then he turned to the clerk and verified with her:

Did she really take the oath?

For, he did not believe me in spite of my repeated assurance.

The clerk responded – Yes, she did.

Essentially, the substantive evidence that I provided was set aside against the witness and the plaintiff’s verbal statements that was not only contradictory to their earlier versions, but also failed to support their fraudulent claim.

The inconsistency in the Plaintiff and his witness positions throughout the process were ignored by the judicial authorities, even though it inconclusively proved the fact that the witness or the server never visited the property and the documents were not delivered or served by him for the hearing.

A perjury was committed by the witness and the plaintiff in the wrongful judgment enabling the Plaintiff to game the system with the inherent flaws in the judgment award.

This is just a preview of the hearings that took place with a conspicuous bias whereby the presiding Commissioner Steven Yep became the attorney to the other party, instead of being objective and diligently applying the law on equal and fair basis to both parties.

In the appeal, the Judge Gregory H. Ward at the Superior Court, Santa Clara County chose to disregard the law entirely, in lieu of the witness or the server admission during the appeal on 06/04/10 on the failure to “specify the contents thereof,” required per Code of Civil Procedure 415.20(a) and (b).

Likewise, The SC-104, “Proof of Service,” filed by the Plaintiff’s witness confirms that the copies of documents allegedly served on 09/29/09 were not mailed per Code of Civil Procedure 415.20(a) and (b), apart from other Civil Code requirements being not met by the server representing the Plaintiff.

Besides, the small claims complaint filed under false premise by the Plaintiff whereby,

The Plaintiff denied receiving the rental security deposit, when the refund check was cashed by the Plaintiff on 07/27/09 – evidence was enclosed for court reference.

Similarly, the Plaintiff’s erroneous and unsubstantiated claim comprise moving expenses without any receipts for the itemized charges that does not even add up to the total amount presented in the declaration under penalty of perjury.

“Per Plaintiff’s declaration signed under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Moving expenses – $754.78

Van rental – $73.92

Petrol – $25.00 ( It’s noteworthy that the plaintiff charging the weekly gas amount for shifting within the neighborhood, i.e. less than half a mile.)

Moving boxes – $34.86

Cleaning – $276.00 – (The property owner is being charged for cleaning up the tenants’ mess during their rental period).”

The itemized expense adds up to $409.78 with no receipts and the remaining $345.00 has no explanation or receipts for it.

Again, the amount fraudulently claimed for vacating the property on their volition, regardless of the email request about lease renewal (supported by evidence).

None of these crucial facts and evidences was taken into consideration, thereby awarding the Plaintiff for the felony.

The Judges involved in the case are judged and evaluated by the public for dereliction of duty reflected in their shortsighted decisions affecting and ruining thousands of lives.

Thank you.

Padmini Arhant

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Source: http://www.courthouseforum.com/forums/evaluationtrial.php

Commissioner Steven Yep

All comments are the opinions of the survey respondents.

“Commissioner Yep is a terrible judge.

I have witnessed his conduct in the courtroom on more than one instance. He treats pro se defendants in probably the worst manner for infractions and misdemeanors that are brought before him.

I had a case, which I fought as a pro se, and was tossed out on my behind. It was so bad that I asked a pro temp to hear my case, and won my case.

The fact that I won really doesn’t matter… it’s that the pro temp LISTENED to the argument and heard both sides fully before rendering a decision.

I never had that chance in Commissioner Yep’s court.

I urge anyone who has this guy for a judge to get a preemptory challenge and write to both Judge Danner and the state Commission for judicial independence to get rid of this guy. 2007-02-07

Negative/Critical – View Survey – Grade – D(0.81)

Part I. ABA Guidelines ABA Guideline 5-1. Legal Ability.

a. Having legal reasoning ability. D (1.00)

b. Having knowledge of substantive law. F (0.00)

c. Having knowledge of rules of procedure and evidence. D (1.00)

d. Keeping current on developments in law, procedure, and evidence. C (2.00)

ABA Guideline 5-2. Integrity and Impartiality.

a. Avoiding impropriety and the appearance of impropriety. F (0.00)

b. Treating all people with dignity and respect. C (2.00)

c. Having an absence of favor or disfavor toward anyone, including but not limited to favor or disfavor based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status. F (0.00)

d. Acting fairly by giving people individual consideration. F (0.00)

e. Considering both sides of an argument before rendering a decision. F (0.00)

f. Basing decisions on the law and the facts without regard to the identity of the parties or counsel, and with an open mind in considering all issues. F (0.00)

g. Having ability to make difficult or unpopular decisions. F (0.00) ”
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2. Survey Results for Judge Gregory H. Ward 1

All grades/scores and comments are the opinions of the survey respondent.

Click Here to see Individual Surveys

Overall: 2
D(0.78) out of 11 surveys
Comments (9)

Respondents Approve Monthly View Daily View

Do you approve of this judge’s overall performance? Yes: 0 No: 11

Part I. ABA Guidelines

ABA Guideline 5-1. Legal Ability.

a. Having legal reasoning ability. C- (1.57)

b. Having knowledge of substantive law. C- (1.57)

c. Having knowledge of rules of procedure and evidence. C (2.17)

d. Keeping current on developments in law, procedure, and evidence. D+ (1.25)

ABA Guideline 5-2. Integrity and Impartiality.

a. Avoiding impropriety and the appearance of impropriety. F (0.00)

b. Treating all people with dignity and respect – D (0.75)

c. Having an absence of favor or disfavor toward anyone, including but not limited to favor or disfavor based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status – F (0.12)

d. Acting fairly by giving people individual consideration – F (0.25)

e. Considering both sides of an argument before rendering a decision – D (0.57)

f. Basing decisions on the law and the facts without regard to the identity of the parties or counsel, and with an open mind in considering all issues – F (0.12)

g. Having ability to make difficult or unpopular decisions – F (0.00)

Judge Gregory H. Ward

All comments are the opinions of the survey respondents.

1. Biased Judge Remarkably goes against jury verdicts Case Study–Pfizer (IP)Trade Secrets–astonishing reversal of jury’s unanimous verdict 2010-01-27
View Survey – Negative/Critical – D(0.71)

2. Discounts Jury in jury trials–a complete disrespect for the JURY SYSTEM Very, very favorable to Big Business Should not be on the bench Has other agendas 2010-01-27
View Survey Negative/Critical – D(1.00)

3. Very emotional, unpredictable. Favors defendants to a fault. Believes that he is the law. You don’t need a jury with this judge–he ignores jury decisions. 2009-12-29
View Survey – Negative/Critical – D-(0.52)

4. Most biased judge in California. Strongly favors business. Very emotional. 2009-12-29
View Survey – Negative/Critical – D(0.74)

5. Should be removed from the bench. 2009-12-29
View Survey – Not Classified – (F-1.00)\

6. Very Biased. No respect for decisions by jury. 2009-12-29
View Survey – Negative/Critical – (F-1.00)

7. He totally disregarded the jury verdict. 2009-12-29
View Survey – Not Classified – D(0.78)

8. This judge is totally out of control, egocentric, & emotional.

He has complete disrespect for jury decisions.

He is clearly very emotional and biased toward big business.

Look at his ratings.

In fact, look at his record when serving in DOJ–he effectively was fired because of emotional instability.

Most recent cases: Apple (2008). Pfizer(2008) — he overturned a unanimous jury verdict, and ignored Pfizer’s management prevarications which came to light in the $2.38 billion Pharmacia settlement. 2009-12-29
View Survey Negative/Critical – D(1.00)

9. Example of his reasoning; petitioner had good reason to file as there were changes in circumstances, dad exercised only 12% timeshare, not the 20% of record, dad’s income rose from 285k to 800k.

BUT child support met the kid’s needs and retroactive support would only be a windfall to mother.

The law mandates an increase in support when the timeshare lowers as support must be commensurate with timeshare, so even if dad had no increase in income, lowering dad’s timeshare mandated an increase in support of some amount.

Christ, I didn’t even go to law school and I can reason that one out. More reasoning; ignored argument for hearing on equitable grounds, said FC 2122 does not apply to setting aside a dismissal but CCP 473 does, ignoring the fact that blackmail and duress (not good cause under CCP 473) had been used both to get a settlement and to force a dismissal, ie duress used to deny access to the courts by one party.

Sanctions: awarded 285k in sanctions against unemployed mother to be paid to multimillionaire dad who had used the blackmail and threats to keep mother out of court. 2009-11-27
View Survey – Negative/Critical – D(1.00).”

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