text:
Progressive Caucus Releases Recommendations to Joint
Select Committee on Deficit Reduction
Identifies more than $4 Trillion in Savings to Create
Jobs and Protect Social Security, Medicare and Medicaid
Progressive Caucus
October 14, 2011
Washington, D.C. - The Congressional Progressive Caucus
(CPC) today sent policy proposals to Senator Patty
Murray and Congressman Jeb Hensarling, Co-Chairs of the
Joint Select Committee on Deficit Reduction,
recommending that the work of the committee focus on
creating jobs, raising revenues through fair taxation
and protecting Medicare, Medicaid and Social Security.
The CPC identified more than $4 trillion in savings,
which would increase to more than $7 trillion if the
Bush tax cuts are allowed to expire on schedule. The
recommendations direct the savings toward job creation,
the single most important means to reduce the deficit.
"It's way past time to talk big or think big - it's time
to govern big and do what needs doing," CPC co-chair
Rep. Raúl M. Grijalva (D-AZ) said. "The American people
are sick and tired of feeling too few in the government
are responsive to their needs. While Republicans dither
about cutting corporate taxes and dismantling Medicare,
people are losing their homes, losing their jobs and
losing their savings through no fault of their own. As a
government, we need to look at ourselves and offer the
country solutions that match the scope of the problems
we face. Anything less is a waste of time."
"While Republican politicians are busy slashing good
paying American jobs from our economy, the Progressive
Caucus continues to put job creation first with serious
proposals to rebuild America," said CPC Co-Chair Rep.
Keith Ellison (D-MN). "The most effective way to reduce
the deficit is to put America back to work. Creating
good jobs, making sure that everyone pays their fair
share and protecting Social Security Medicare and
Medicaid, are the best ways to ensure that all Americans
are put on the path to prosperity, not just the
wealthiest 1 percent," Ellison concluded.
The proposals would reduce the nation's deficit by
trillions of dollars, put Americans back to work and
protect Medicare, Medicaid and Social Security. Key
recommendations include a responsible end to the wars in
Iraq and Afghanistan, saving $1.6 trillion; enacting the
Fairness in Taxation Act, creating a millionaire tax
that generates $872.5 billion; and allowing Medicare to
negotiate drug prices with pharmaceutical companies,
saving $157.9 billion.
"With the Super Committee, the Republicans have
manufactured yet another budget crisis," said CPC Budget
Task Force Chair Rep. Michael Honda. "We can `go big'
and address our budget deficits by allowing the unpaid-
for Bush tax cuts to expire and ending our unpaid-for
wars on schedule. Anyone who says we need to cut
education, cut the social safety net, cut Social
Security, Medicaid, Medicare or provide more tax cuts to
the rich, is pushing a political agenda, not sound
fiscal policy."
The People's Priorities to Rebuild the American Dream
The Congressional Progressive Caucus would like to
reiterate our support for certain key components to be
included in deficit reduction legislation including job
creation, raising revenue and protecting Medicare,
Medicaid and Social Security.
The number one focus of this Congress must be job
creation. Employing Americans is essential to reducing
our deficit and restoring our economic competitiveness.
The majority of Americans believe that cutting Social
Security, Medicare, Medicaid, unemployment insurance,
education and research is completely unacceptable. At
the same time, Americans overwhelmingly support a
progressive tax policy. The majority of Americans
support making millionaires and billionaires pay their
fair share in taxes, eliminating unnecessary weapons
systems, eliminating tax giveaways to the oil and gas
industries and phasing out the Bush tax cuts. In a
crisis driven by lack of consumer demand, unemployed
Americans must have the means to create demand for
American businesses while they search for work.
Given the magnitude of the jobs crisis, the Progressive
Caucus job creation framework should be implemented on a
large scale, alongside deficitreduction options from the
CPC People's Budget, to return prosperity and
opportunity to the Americans people. Job creation,
raising revenue and protecting essential programs are
not independent measures. They constitute a
comprehensive policy model that will rebuild an America
that works for everyone, not just the wealthiest one
Job Creation
Make it in America Again
We must begin with a strategy to revive manufacturing in
the United States. This requires developing something
every other industrial nation has - a national plan for
manufacturing. When people see the words "Made in
America" they know that they are getting the highest
quality manufactured goods money can buy. We need a
policy that reopens our factories and lets Americans do
what they do best: produce the highest quality products
in the world.
Rebuild America
With the cost of borrowing near zero, the construction
industry flat on its back, and America's decrepit
infrastructure not only a competitive burden, but a
threat to lives and safety, there is no better time to
launch a major initiative to rebuild America. Create a
national investment bank to leverage private capital and
ensure that major projects are determined by merit, not
by political muscle. Rebuild our half century old roads,
bridges, locks and dams, while spurring creation of the
roads of the future by connecting and empowering our
country with fiber optic cable.
Jobs for the Next Generation
There is no shortage of work to be done in America and
no shortage of workers to do it. One in four teenagers
are officially unemployed, including nearly half of
young African Americans and Latinos. We are witnessing a
generation of crushed hopes, and we are squandering the
talent of young Americans. Destructive cuts in public
education threaten America's economic success and we are
now falling behind. We must increase federal support for
hiring teachers as a catalyst for job creation and
immediate and future economic development. We must
invest in the finest public education and job training
in the world, education is no longer a guarantee of
work. Let us make the guarantee of a good American job
real for every young person. We should provide direct
employment in the public sector and incentives for
hiring in the non- profit sector and private sector. In
addition, the caucus supports a "Train me and pay me"
program which would give stipends to workers and young
people who are enrolled in job training programs.
Lead the Green Industrial Revolution
A centerpiece of our economic strategy must be to create
good jobs now by capturing the lead in the industrial
revolution that is sweeping the world - starting with
clean energy, electric cars, and efficient appliances.
We need to invest in research and innovation so that
America remains on the cutting edge of global
technologies. Provide investment incentives to companies
to create jobs here at home. Build a modern smart grid
that can deliver efficiency and clean energy.
Not Just Jobs - Good Jobs
American workers want good American jobs, not poverty
level wages without benefits that make it impossible to
support a family or save for the future. We can start by
making sure that middle- class Americans are free to
organize and have a voice and a seat at the table again.
If corporations can join together to hire an army of
lobbyists, working Americans must come together and use
their strength in numbers to protect the rights of
middle class Americans. We must ensure that businesses
obey our labor laws and reward those that create good
paying American jobs that protect our rights to equal
opportunity and equal pay. Programs like TANF ECF have
been proven to put people to work. While, we work on
building these good jobs, we must ensure the long-term
unemployed receive the full assistance and services they
need so they can continue contributing to the economy.
Raising Revenue[1]
Replacing Bush Tax Cuts and Estate Tax with Responsible
Policies The Bush-era tax cuts were and continue to be
costly and ineffective at fostering economic growth. Of
all the post-war business cycles, the economic expansion
of 2001-07 saw the worst growth in gross domestic
product, investment, employment, total compensation,
wages and salaries, and labor force participation
(measured trough to peak: 2001Q4 to 2007Q4). The Bush-
era tax cuts were also objectively regressive,
conferring a disproportionate benefit to high earners
capturing a majority of new income. Additionally, the
increased the estate tax exemption to $5 million ($10
million for married couples) and reduced the maximum tax
rate above that exemption to 35% represents a tax cut
that benefited only the wealthiest one-quarter of one
percent of households. The Progressive Caucus has
longed called for ending this period of irresponsible
spending on tax giveaways to the very wealthiest in our
society. Unpaid for tax cuts has been the single
largest driver of deficits over the last decade; any
serious deficit reduction proposal must address these
irresponsible policies.
Currently CBO estimates an extension of the Bush Tax
cuts with the AMT indexed for inflation and an extension
of current estate tax rates would add $3.95 trillion to
the deficit from 2012-21.[ii]
Enact the Fairness in Taxation Act The People's Budget
would adopt Representative Jan Schakowsky's (D.-Il.)
Fairness in Taxation Act (H.R 1124), which would create
several new tax brackets for high-income earners: $1-10
million would be taxed at 45%; $10-20 million, 46%;
$20-100 million, 47%; $100 million to $1 billion, 48%;
$1 billion and over would pay 49%. The bill would also
tax capital gains and dividend income as ordinary income
for those taxpayers with income over $1 million.
Citizens for Tax Justice (CTJ) estimate that the
Fairness in Taxation Act would generate $748.2 billion
over the 2011-20 period.
Extrapolating from this score, Rep. Schakowsky's
Fairness in Taxation Act is projected to generate $401.5
billion in revenue over the 2012-16 period and $872.5
billion over the 2012-21 period. Savings $872.5 billion
Eliminate Fossil Fuel Tax Preferences
The president's budget requests have repeatedly proposed
eliminating a handful of tax preferences carved out for
fossil fuel producers over the years. Eliminating this
tax code spending would help level the playing field
between renewable energy sources and fossil fuels. The
People's Budget would eliminate fossil fuel tax
preferences as detailed by the president's budget.
Specifically, this policy would repeal exploration and
development expensing, preferential tax treatment of
royalties, and domestic manufacturing deductions, among
other tax preferences, for oil, natural gas, and coal
Repeal would save $21 billion over the 2012-16 period
and $41 billion over the 2012-21 period. Savings $41
Reinstate Superfund Taxes
The Environmental Protection Agency's Superfund program,
once largely funded by dedicated taxes, is now largely
funded by general revenue. Having a stable source of
funding, rather than relying on year-to-year
appropriations, would help plan multi-year cleanup of
hazardous chemical waste. The People's Budget would
reinstate the Superfund excise taxes that expired in
1995 in order to finance cleanup of hazardous waste.
Specifically, this policy would re- impose an excise tax
of $0.22 to $4.87 per ton on various chemicals, an
excise tax of 9.7 cents per barrel of crude or refined
petroleum, and a corporate income tax of 0.12% on
modified alternative minimum corporate income above $2
According to the CBO, this policy option would generate
$19.4 billion over the 2012-21 period. Savings $19.4
Financial Crisis Responsibility Fee
The People's Budget would impose a fee on large
financial institutions. Specifically, the budget would
impose a leverage tax (0.15% of covered liabilities) on
large banks with more than $50 billion in assets (as
proposed in the president's budget request). According
to the CBO, imposing such a tax could generate $31.3
billion over the 2012-16 period and $70.9 billion over
the full 2012-21 period, recouping more than three-fold
the net taxpayer cost of the Troubled Asset Relief
Program (TARP).The fee would provide an incentive for
large firms to decrease their liabilities, helping to
rectify the problem of "too big to fail" financial
institutions that was made all too apparent during the
financial crisis. The proposal would also help to level
the playing field between small financial institutions
(which do not benefit from an implicit government
guarantee because they are not viewed as "systemically
important" by credit markets) and larger financial
Savings $70.9 billion
Tax Preference for Municipal Bonds
Bonds issued by state and local governments receive
preferential tax treatment. The current tax treatment
also confers a disproportionately larger tax benefit for
upper-income earners. The People's Budget would replace
the tax exclusion for interest with a direct subsidy to
borrowers (i.e., state and local governments), which
would be a more cost-effective way of reducing their
borrowing costs. Under this policy, state and local
governments would make taxable interest payments to
borrowers and receive a 15% subsidy from the federal
government for the interest paid on those bonds. This
would simplify the tax code, increase budgeting
transparency, and more cost-effectively subsidize
borrowing by state and local governments.
According to the CBO, this policy would generate $30.5
billion over 2012-16 and $142.7 billion over 2012-21.
Savings $142.7 billion
Derivatives and Speculation Tax
The People's Budget would impose a small tax on
transactions of exotic financial products. Assuming a
25% behavioral reduction in transactions resulting from
a tax, Dean Baker and Robert Pollin estimate that
various taxes on financial derivative products
(financial instruments deriving their value from some
other underlying asset, such as a stock, currency, or
index) could generate upwards of $63.5 billion
annually.Specifically, a tax on swaps (taxed at 0.01%
per year to maturity and assuming an average life to
maturity of 1.5 years)-including credit default swaps-
could generate roughly $34.8 billion. A tax of 0.01% on
each side of futures and forwards transactions could
generate roughly $10.7 billion. A 0.5% tax on option
premiums (the right to purchase a stock at a set price
at a future date) could generate roughly $6.3 billion.
Additionally, a 0.01% tax on all foreign exchange spot
transactions could generate roughly $11.7 billion
annually (this latter option is a proper "Tobin tax,"
rather than a derivatives tax). The tax rates on
derivative and speculative financial products proposed
by the People's Budget would represent a smaller
relative increase in transactions costs, so a 25%
reduction in transactions seems reasonable, if not
conservative. A larger behavioral response would
decrease revenue relative to projected levels, but would
conversely further the policy goal of taming speculation
and encouraging more productive investment.
Assuming a larger 50% reduction in transaction, Baker
and Pollin estimate that these speculation taxes would
raise $43.2 billion annually. Savings $43.2 billion
Responsibly End the Wars in Iraq and Afghanistan
The People's Budget accounts for an end to the wars in
Iraq and Afghanistan. These operations have cost $1.3
trillion, excluding debt service. The People's Budget
provides $161.4 billion in OCO funding for 2012 (the
funding level in the CBO baseline), after which all OCO
funding is ended. The Congressional Research Service
estimates that this sum would be more than sufficient to
safely and deliberately withdraw American soldiers from
Afghanistan and Iraq.
Responsibly ending the wars in Afghanistan and Iraq will
save $1.6 trillion over the 2013- 21 period, relative to
the CBO baseline. Savings $1.6 trillion
Realigning Department of Defense Priorities
Over the last two years, a rare consensus has emerged
among a wide range of Washington policymakers: any
deficit reduction plan must tackle Department of Defense
spending. Specific proposals for conventional forces
include: reducing active duty Army personnel strength to
427,000 by 2014 (a decrease of 120,000); reducing the
Marine Corps personnel strength by 30% to a force of
145,000 by 2014; reducing the Navy by 20% to a fleet of
230 ships; and reducing the Air Force by 15%, reducing
the number of squadrons by 18 of 60. These force
structure savings would total $593.7 billion over the
2012-21 period. Specific proposals for strategic
capabilities include reducing the U.S. nuclear arsenal,
cancelling the Trident II missile, limiting
modernization of nuclear weapons infrastructure and
research, and selectively curtailing missile defense and
space programs. No savings are assumed from TRICARE, the
military health care program for active duty personal,
military retirees, and their dependents. Overall, these
policy proposals would gradually reduce defense
appropriations by $692.2 billion over the 2012-21
period, relative to the CBO baseline. Relative to higher
spending levels in the president's budget request, they
would represent $816.7 billion in savings over the next
decade. In both cases, the savings are well within the
bounds of the savings identified as reasonable by the
Sustainable Defense Taskforce (SDTF) report.
SDTF, a bipartisan group of defense experts, released a
report in June 2010 that detailed a series of options,
which, if taken together, would save $960 billion over a
decade. Savings $692.2 - $960 billion
Protecting Social Security, Medicare, Medicaid[1]
Offer a Public Insurance Option Beginning in 2014,
national health insurance exchanges will be established
(as a result of health care reform) through which
individuals and families may purchase private coverage,
increasing competition in largely fragmented, regional
insurance markets. Under this option, the Secretary of
the Department of Health and Human Services would
administer a public health insurance plan to be offered
alongside private plans through the exchanges. The
public plan would exploit economies of scale to
negotiate payment rates for prescription drugs, would
pay physicians roughly 5% more than Medicare
reimbursement rates, and would pay hospitals and
providers comparable rates as paid under Medicare. Based
on the potential for administrative and other savings,
the CBO estimates that insurance premiums for the public
plan would be roughly 5-7% lower than private plans
offered in the insurance exchanges.
According to the CBO, this option would lower deficits
by $17.4 billion from 2012 to 2016, and by $88.0 billion
from 2012 to 2021. Over the next decade, outlays would
fall by $26.7 billion (a reduction in targeted subsidies
for the purchase of insurance in the exchanges) and a
$61.2 billion increase in revenue (largely resulting
from interactions with the tax exclusion for employer-
sponsored health insurance). Savings $61.2 billion
Negotiate Drug Prices With Pharmaceutical Companies
The Bipartisan Policy Center's (BPC) report, Restoring
America's Future, estimated that negotiating drug prices
would save $100 billion over the 2012-18 period. The BPC
report proposed ending guaranteed Medicare in 2019
(changing the program to a premium support system
similar to vouchers), ending the ability of the
government to harness economies of scale to negotiate
pharmaceutical drug prices. The budgetary impact of this
proposal is extrapolated beyond 2018 by indexing savings
to projected per capita health expenditure.19
Based on this extrapolation, negotiating drug prices
with pharmaceutical companies would save an estimated
$157.9 billion over the 2012-21 period. Savings $157.9
Strengthening Social Security
Millions of elderly Americans rely on the economic
security that comes from the Social Security System. The
People's Budget does not propose any reductions in
benefits. The People's Budget raises the taxable maximum
to include 90% of economy- wide earnings, and eliminates
themaximum that employers pay on behalf of their high-
income employees. Under the current system, income above
a taxable maximum is not subject to any Social Security
tax, meaning that high- income individuals pay less as a
share of their income than everyone else. The CBO
estimates thatincreasing the share of total earnings
subject to the payroll tax to 90% would require raising
themaximum taxable amount to $170,000 in 2012, up from
$106,800 in 2011.The increase in thetaxable maximum on
the employee side is gradually phased in over five
years. The increase inemployer contributions for high
earners (those employees earning more than $106,800)
would bephased in immediately. This option maintains the
benefits structure as is, and benefitcomputations would
reflect all earnings up to the new taxable maximum on
the employee side,although increased employer
contributions would not affect benefit computations.
This policy raises $445.0 billion over five years, and
around $1.2 trillion over 10 years. Social
Securityoutlays would increase by $2.8 billion over 10
years. Additional savings for Social Security trust fund
$1.2 trillion
[1]Economic Policy Institute, directly from technical
analysis of the Congressional Progressive Caucus
People's Budget.
[ii]Congressional Budget Office, based on estimates made
by the Joint Committee on Taxation. Expiring Tax
Provisions: http://www.cbo.gov/doc.cfm?index=12316
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Outgoing South Carolina Democratic Chairman Dick Harpootlian told a Democratic rally that next year his party will win the gubernatorial election and "send Nikki Haley back to wherever the hell she came from." Haley is an Indian-American who was raised in South Carolina. Her parents are Sikh immigrants.
Harpootlian claims he meant the election results would send Gov. Haley back to Lexington County where she used to live.
Last year, Harpootlian said that Haley "was down in the bunker a la Eva Braun." He must have meant Eva Braun of Spartanburg.

subset: commoncrawl


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This is a trying and stressful time for all of us in Canada. Things are changing almost hourly with government recommendations at the federal, provincial, and municipal levels. At RE/MAX Hallmark, we offer you the stability and comfort knowing your real estate needs are still being met in a safe and responsible manner.


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Get Expert Advice Online
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The procedure for filing a complaint against a law...
The procedure for filing a complaint against a lawyerLawyers are the medium through whichhis client connects with thejudiciary. However, as the demand for the legal industry has increased, it is also noticed that mishaps in thisindustry have increased. Some lawyers tend to use this situation to extract a heftyamount of money from theirclients without providing proper services. To combat this situation, a person can file a legal complaint against the lawyer if he/she is not satisfied with the service provided by the legal person. Following are the steps to file a complaint against a lawyerStep 1: A complaint against an advocate needs to be filed through the mode of a petition. It is to be duly signed and verified as needed under the Code of Civil Procedure. A complaint is often filed either in English or Hindi or, in any regional language where the language has been declared to be a state language. In those cases where the complaint is in Hindi or another regional language, the State Bar Council shall translate the complaint into English whenever a disciplinary matter is shipped to the Bar Council of India as per the Advocates Act. Every complaint shall be attachedwith the fees prescribed bythe Bar Council of India Rules.Step 2: The Secretary of the Bar Council may require the complainant to pay the prescribed fees if the right fee has not been paid. He/she can alsocall the complainant to cater to any defects and attach the particulars or copies of the complaint or other documents whichneeds to be further submitted. On a complaint being found, it shall be registered and placed before the Bar Council for such order which may deem fit to be passed. Step 3:The complaintcan be dropped solely due to it having being withdrawn, settled, or because the complainant doesn't want to proceed with the inquiry. Before referring a complaint about the misconduct of an advocate to its disciplinary committee, the Bar Council may require the complainant to further furnish any requiredparticulars within a time fixed by the Council. Step 4: Once the Bar Council has referred the complaint to a Disciplinary Committee, the Registrar should expeditiously send a notice to the advocate. The notice will ask the concerned advocate to point out cause within a specified dateon the complaint made against him and to submit the statement of defence, documents, and affidavits in support of the defence. It will also further inform him that just in case of his non-appearance on the fixed date of hearing, the matter shall be heard and determined in his absence. An appearance usually includes the presence of an advocate or through a duly authorized representative.Step 5: The Chairman of the Disciplinary Committee will fix the date, hour, and place of the inquiry. This date won't ordinarily be later than thirty days from the receipt of the reference. The Registrar is responsible for giving notice of the date, hour, and place to the complainant or other person aggrieved, the advocate concerned,the Attorney General or the extra lawman of India or the Advocate General, in simple language, to whom so ever, the case is concerned. Step 6: The notices shall, subject to necessary modification, be in Form Nos. E-1 and E-2. It shall be sent to the advocates appearing for the parties. Notice to a celebration not appearing by the advocate shall be sent to the address as furnished within the complaint or the grounds of appeal. The value of the notices shall be borne by the complainant unless the Disciplinary Committee otherwise directs. The notices could also be sent ordinarily through messenger or by registered mail and served on the advocate or the party concerned or his agent or another person as provided in the Civil Procedure Code. Step 7: Parties can appear face to face or through an advocate who should file a vakalatnama giving the name of the Bar Council, his residential address, phone number if any, and his address for service of notices.The Bar Council or its Disciplinary Committee may at any stage of the proceeding appoint an advocate whose role will be amicus curie, i.e. a friend of the court. Such an advocate could also be paid such a fee depending upon the decision of the Council or the Committee. Proviso: If in an inquiry on a complaint received, either the complainant or the respondent does not appear before the Disciplinary Committee despite service of notice, the Committee may proceed ex-parte or direct fresh notice to be served.Any such order for proceeding ex-parte could also be put aside on sufficient cause being shown, when an application is formed supported by an affidavit, within 60 days of the passing of the ex-parte order. The provisions of Section 5 of the Limitation Act, 1963 shall apply to the present sub-rule.Proceedings and Exhibits- The Disciplinary Committee shall hear the Attorney General or the extra lawman of India or the Advocate General because the case could also be or their advocate and parties or their advocates.The matters can be heard and determined based ondocuments and affidavits. Cross-examination is not permitted unless the committee believes that it is in the interest of justice to permit cross-examination of the partiesor to take oral evidence, in which case the procedure for the trial of civil suits shall as far as possible be followed. On every document admitted, the subsequent endorsement shall be made which shall be signed by the Chairman or any member of the Committee:The exhibits shall be marked as follows: –· Those of the complainant as C1, C2, and so on.· Those of Respondent as R1, R2, and so on.· Those of Disciplinary Committee as D1, D2, and so on.· The Disciplinary Committee may, at any direct the parties or their advocates to furnish such further and better particulars, because it considers necessary.Recording of Evidence- Any member of the Committee or any other person authorized by the committee shall record the evidence given before the Disciplinary Committee, preferably in English. The evidence so recorded shall be signed by the Chairman or by the other member of the committee if the Chairman isn't available.In the case where the records of evidence are in any other language than English,then the same has to be sent to the Bar Council of India or its Disciplinary Committee, then an equivalent hasto be translated into English. Such a translation thereof in English has to be made by an individual nominated by Committee or Registrar. Dropping of Enquiries on Certain Grounds- In the case of the death of the complainant during the inquiry proceedings (and if no representative is willing to conduct the case), the Disciplinary Committee may be having regard to the allegations made in the complaint and the evidence available, make a suitable order either to proceed with the inquiry or to drop it.In the case of an inquiry against one advocate only, on his death, the Disciplinary Committee shall record the fact of such death and drop the proceedings.Where the inquiry is against more than one advocate, on the death of 1 of them, the Disciplinary Committee may continue the inquiry against the other advocate unless it decides otherwise. Step 8: All proceedings before a Disciplinary Committee of the Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code. The Disciplinary Committee of the State Bar Council, after giving the advocate concerned and therefore the Advocate-General a chance of being heard, may make any of the subsequent orders, namely:· dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;· reprimand the advocate;· suspend the advocate from practicefor such period as it may deem fit;· remove the name of the advocate from the State roll of advocatesAppealAppeal to the Bar Council of India- a person aggrieved by order of the Disciplinary Committee of a State Bar Council made under section 35, or the Advocate-General of the State may, within sixty days of the date of the communication of the order, prefer an appeal to the Bar Council of India. The Disciplinary Committee shall hear every such appeal of the Bar Council of India which may pass such order including an order varying the punishment awarded by the Disciplinary Committee of the State Bar Council thereon as it deems fit. However, as long as no order of the Disciplinary Committee of the State Bar Council shall be varied by the Disciplinary Committee of the Bar Council of India to prejudicially affect the person aggrieved without giving him reasonable opportunity of being heard.An appeal to the Council from the State Bar Council shall be in the form of a memorandum in writing. If the appeal is in other languages apart from English, it shall be translated into English. In every appeal, all persons who were parties to the first proceedings alone shall be impleaded as parties. In an appeal by the advocate against an order for misconduct, in case of death of the complainant, the legal representatives of the complainant shall be made parties. The appeal has to be presented on or before the last day of limitation. Any appeal could also be admitted after the amount of limitation if the appellant satisfies the Disciplinary Committee that he has sufficient cause for not preferring the appeal within such a period. An affidavit shall support any such application for condonation of delay.The memorandum of appeal shall contain necessary particulars as in Form G. The memorandum of appeal shall state when the order was communicated to the appellant with the time mentioned. Along with the memorandum of appeal, the appellant shall file:· The certified copy of the order appealed against, signed by the Registrar of the Disciplinary Committee, or· If there is only one respondent, five additional copies of the memorandum of appeal and the order appealed against.· If there is more than one Respondent, such number of additional copies as may be necessary. All copies shall be certified as true copies by the appellant or by his counsel. Every memorandum of appeal shall be amid the prescribed fees in cash. If the papers filed in an appeal aren't sufficient, the Registrar shall require the appellant to get rid of such defects within a specified time.Exhibits and Records in Appeal- The appellant shall be required to file six typed sets of the papers properly paged and indexed if there's just one respondent. In the case of multiple respondents, as many sets as there may respondents, for the use of the Disciplinary Committee and by the other parties and for the record.The papers to be filed are: –· The complaint and the statement in defence of the advocate.· The oral and documentary evidence and such other papers on which parties shall rely.· Any other part of the record as may be directed by the Committee.Where any of the above papers are in a language other than English, English translations thereof will be filed. The respondent shall, if he so desires, or if so-called upon, file six sets of typed papers of any a part of the record on which he intends to rely. He shall also file English translations of papers that aren't in English.Appeal to the Supreme Court- Any person aggrieved by an order made by the Disciplinary Committee of the Bar Council of India under section 36 or section 37 or the Attorney-General of India or the Advocate-General of the State concerned, because the case could also be, may within sixty days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court and thus the Supreme Court may pass such order including an order varying the punishment awarded by the Disciplinary Committee of the Bar Council of India thereon as it deems fit. Provided that no order of the Disciplinary Committee of the Bar Council of India shall be varied by the Supreme Court to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.Conclusion We live in a country where most of us are dependent upon the judicial power of the court as most of us trust the legal system of our country. The constitution of India underArticle 21 grants every citizen of India the "Right to Speedy Justice", and if this is delayed or hindered due to any reason, then it is a clear violation of the fundamental right of an individual. These scenario arises when lawyers instead of providing justice to the clients shift their focus in extracting money from their clients which in turn leads to a difficultsituation in India, as people here rely upon the judicial system for any trouble faced due to legalities of the country. Therefore, it becomes of utmost importancethat an individual chooses a lawyer very carefully as this whole process is financially as well as emotionally draining. The author of this blog/Article is Kishan Dutt Kalaskar, a Retired Judge and practising advocate having an experience of 35+ years in handling different legal matters. He has prepared and got published Head Notes for more than 10,000 Judgments of the Supreme Court and High Courts in different Law Journals. From his experience he wants to share this beneficial information for the individuals having any issues with respect to their related matters .Author :Kishan Dutt KalaskarAdvocate (Retired Judge)No.74, 1st Floor, 6th Cross,Malleswaram,Bengaluru-560003
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Kishan Dutt Kalaskar Retired Judge
1 week ago
LAW AND MORALS(MILLS, HART-DEVLIN DEBATE) INTRODUCTION:v Morality can be defined as a set of rules or principles that guide the process of making decisions and behavior in society. It also includes principles that define what is acceptable and unacceptable in society. On the other hand, law refers to principles that augment and maintain the morality code in society.v The issue of law and morality is a complex matter that has been widely discussed in various fields including religion, law, and psychology. Many debates have discussed the relationship between morality and law. For instance, the Hart and Devlin debate tried to determine this relationship. Each of the two took a different side in an effort to establish the role that should be played by law with regard to morality. However, their views and suggestions contradicted each other and did present an agreement.v The two represent two schools of thought regarding the matter. The Wolfenden Committee investigated the critical issue of allowing homosexuality and prostitution in society. The report of the committee stated that it is not the responsibility of law to solve immorality. The Hart-Devlin debate was an attempt to contribute to the findings of the Wolfenden committee.v The debate was between Professor Hart and Patrick Devlin. The argument was that homosexuality should be made legal because of the freedom of choice and the privacy of morality. The recommendations of the committee emanated from the principles of utilitarianism. The law is not supposed to interfere with the lives of people as a way of influencing behavior.HART-DEVLIN DEBATE:v Devlin's philosophy of legal moralism takes an idealist's approach to role of law in society. Devlin's philosophy of law argued that the collective judgment of a society should guide enforcement of laws against both private and public behavior that was deemed immoral. According to Devlin, when a behavior reached the limits of "intolerance, indignation and disgust," legislation against it was necessary. v Hart's philosophy of legal positivism is a pragmatist's approach to the role of law in society. Hart's philosophy of law held that laws should not be based only on popular moral consensus, in the absence of other harms. This is consistent with Hart's argument that one role of law was to protect individual liberty. v Devlin argued that it is important to establish laws that control morality because law not only protects individuals but also the society. To Devlin, morality is a requisite for maintenance of good laws that preserve the freedom of conscience, and reduce the probability of tyranny. In addition, he argued that any behavior is capable of causing harm if not regulated by law.v He was of the view that law should be superior to morality and thus control behavior. On the contrary, Hart argued that law should not adhere to the principles of populism.v According to Devlin, the majority is not always right. Their ideas and principles are always covered with superstition and prejudice that do not guarantee them to be referred to as guiding principles. To support his argument, Hart referred to John Stuart Mill's harm principle.v Hart disagreed with Devlin's argument that morality should be guided and determined by law. Hart supported the committee's recommendation of legalizing homosexuality and prostitution based on the teachings of Mill. Hart argued that enforcing a moral code was unnecessary, undesirable, and morally wrong (Ward 26). He argued that doing so would interfere with individual liberty and curtail the development of moral principles. THE THEORY OF UTILITARIANISM· Devlin's arguments could be validated by the theory of utilitarianism. According to utilitarianism, an action is either right or wrong based on its outcome.· The theory goes beyond the needs of one person to the needs of others. John Stuart Mill made critical contributions to this theory. According to Mill, utilitarianism emphasizes the happiness of the majority rather than that of an individual as a basis for determining right and wrong.· This theory can be used to support Devlin's arguments and determine whether they were sensible. Devlin stated that law should decriminalize conduct only in cases where certain acts or behaviors caused intolerance and disgust among people.· According to Mill, an act is right if it gives happiness to the majority. If society becomes disgusted because of an act or behavior, then the act is an obstacle to happiness. According to utilitarianism, such an act is wrong.· Bentham's principle of utility explores the role of pain and pleasure in the lives of people. An important aspect of the principle is its criteria of measuring pleasure and pain. The principle considers the purity of an action as a basis for determining whether it is wrong or right. According to the Bentham, pleasure should not be followed by pain. The principle can be used to support Devlin's arguments.· Immorality offers momentary pleasure. However, it is followed by pain that lasts for a long time. It hurts individuals and society. According to utilitarianism, the interests of the majority are more important than the interests of the minority. Therefore, if an act or behavior vexes the majority, then it should be criminalized. Differences emerged between Devlin and Hart because of the difficulty experienced in determining the scope of law with regard to morality.· In his arguments, Devlin asked a question that sought to know the type of conduct that should be criminalized. He offered an answer by introducing the aspect of harm. If certain conduct causes harm, it should be criminalized.· Hart ignored the social aspect of human beings. As social beings, humans rely on their communities, social groups, and families for support. These families, communities, and social groups form what is referred to as society. Therefore, society is an important aspect of human life. If individuality is important to people, so is society.· Law should protect and promote the development of individuality as well as the advancement of society. Hart viewed law as an obstacle to the progress of individuality. However, it serves both individuals and society. Devlin was aware of the critical role played by law in advancing individuality. He argued that legislature should consider certain core principles when enacting laws. For example, it should enact laws that respect individual freedom and individual privacy.· He argued that law should only act when the integrity of society is severely violated. According to Devlin, this allowed for toleration of maximum individual freedom as long as it fostered and respected the integrity of society. He was right because certain conduct even though immoral, does not violate the integrity of society. Law should be applied selectively and legislature should consider the aforementioned principles before implementing laws that affect morality.· Hart further used Mill's harm principle to support his arguments. According to the harm principle, limits should be placed on an individual's actions only if they harm people. Hart used this principle selectively by failing to evaluate the harm that immorality causes. As mentioned earlier, immorality causes harm to both individuals and society.· It is impossible to satisfy everyone in society. For that reason, compromise is an important factor in finding a common ground on which to operate. According to Dworkin, the Hart-Devlin debate should be overlooked. He stated that criminalization or decriminalization of behavior should be based on whether it is a basic or universal liberty. He suggested that law should not criminalize all basic liberties but only those that harm other people. It is important to reach consensus when defining harm as well as basic and universal liberties.· The definition of immorality is relative but its relationship to law could be well defined by considering the arguments of Devlin. Devlin' argument was the most sensible because it considered and valued individual liberty as well as the importance of society. Hart ignored the value of society in the development of individual welfare. CONCLUSION· The Hart-Devlin debate was motivated by a report published by the Wolfenden committee that recommended the decriminalization of prostitution and homosexuality.· The committee argued that law should not interfere with the freedom of choice and the privacy of morality. Hart's arguments were weak because they were biased. They emphasized the importance of individual liberty and ignored the significance of creating a society that advances individual liberty.· On the other hand, Devlin's arguments were strong and unbiased. They included the importance of individual liberty and society. Devlin argued that it is important to control conduct in order to foster the well-being of individuals and society.· Further, he argued that society and individual liberty are equally important to human beings. However, he urged legislature to respect individual liberty in its process of implementing laws that affect morality.· Devlin's arguments are augmented by the theory of utilitarianism and the principle of harm. The theory of utilitarianism states that the happiness of the majority is more important than that of the minority when defining right and wrong. Devlin's arguments can be based on this theory. If immorality does not bring happiness to the majority in society, it should be criminalized.· Hart's arguments disrespected society as a vital aspect of human life. In formulating and presenting his arguments, Hart ignored the importance of advancing society through criminalization of conduct that harms other people. People are social beings. Therefore, the well-being of the society should be preserved and advanced because society is a product of people's socialization.
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Families endure desperate searches for China's missing children
XUZHOU, China -- In front of a van plastered with pictures of about 100 children's faces, Xiao Zhaohua and Wu Xinghu pleaded with passersby for help.
"Please don't think this is someone else's problem, and never take your eyes off your children!" they shouted. "We don't want more people to feel the same sadness we do."
Xiao, 37, and Wu, 33, are on a personal mission to find their abducted children. The faces on the van are of other missing children -- and cases of children being snatched are continuing unabated in China despite a recent police crackdown.
In downtown Xuzhou, a major city in Jiangsu Province on China's eastern coast, Xiao and Wu stopped their van and placed a cassette deck on the road. The song that emanated described the pain felt by parents of abducted children.
The lyrics included: "You are my whole life. However bitter it may be and whatever perilous mountains and rivers I have to cross, I'll keep looking for you until I die."
Xiao knows this anguish all too well. His life was turned on its head at about 7 p.m. on Feb. 14, 2007, when his 5-year-old son, Xiao Xiaosong, vanished while going to buy candy at a nearby store with his older sister.
"I gave Xiaosong some money to buy sweets because he said he was hungry, but he disappeared before his sister realized what had happened," Xiao said. "I should have gone with them to the store."
Xiao, who ran a clothing store in Huizhou, Guangdong Province, at the time, is still torn by guilt, and blames himself for letting his children go unaccompanied.
Xiao reported his son's disappearance to police, and also took matters into his own hands. He shut down his store and distributed flyers seeking help to find Xiaosong. He drove around the province on his motorbike to spread word of his plight.
He joined an association of families of abducted children that was established by a scholar in Beijing devoted to resolving the abductions.
In 2011, Xiao squeezed out his last savings to purchase the van for 50,000 yuan (about $8,000). With the help of supporters, other parents of abducted children joined him on trips to all corners of China to seek clues that might help trace their missing kids.
Chinese police have not released official statistics on the number of abductions. But according to police sources in Guangdong Province, the figure could reach nearly 10,000 per year throughout China.
Human trafficking rings are believed to be involved in many of these abductions, the sources said, adding that the going "trafficking rates" are 100,000 to 160,000 yuan for a boy and 60,000 to 100,000 yuan for a girl.
According to the sources, most of those abducted are boys, who are mostly sold to buyers in farming regions where males are viewed as superior and boys are the preferred heirs.
The trafficking reflects the fact that many families with no children or with only a daughter under China's one-child policy tend to want boys, according to informed sources.
At some railway stations in urban areas, migrant workers from rural areas reportedly can be seen making a sinister sales pitch to passersby. "Won't you buy a boy?" they ask.
Some children have been sold to crime syndicates, where they are beaten and fed drugs. Some are reportedly forced into prostitution or to commit burglaries.
The Chinese government established a program in April for reining in human trafficking. This comes after a police crackdown from 2009 to 2012 uncovered about 11,000 human trafficking rings across China. More than 54,000 children were rescued.
Xiao said none of the 7,000 children whose parents are members of the association were rescued during the crackdown. But Xiao refuses to give up hope that his son will be found.
"My boy may not have given up hope that he will be saved, so I'll never give up trying to find him," he said. "I believe he'll come back one day, so I'll keep up my search."


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Brad S's Scouting Memoriesstevejb68 on June 21, 2013 in Eagle, High Adventure, Jamboree, Lessons, Nostalgia, Philmont
(The following article was written by Brad Schulzetenberg, an alumni of Melrose Boy Scout Troop 68. Brad was a member of the troop from 2000 to 2005. He earned the rank of Eagle Scout. It is the third of a series of guest articles written by former members of Troop 68.)
Over the past 100 years, there have been over 110 million young men that have called themselves members of the Boy Scouts of America. What makes Scouting a great organization is that if you were to ask each of these 110 million Boy Scouts about their experience you would get 110 million different responses. My personal Scouting experience started in May of 2000, and unlike many Scouts, without a previous Cub Scout background. At the time, my perception of Scouting was camping, hiking, and tying knots, so I was unsure of what the scouting program had to offer. As I reflect back on my years of Scouting, I realize the vast positive impact it has had on who I am today.
During my tenure as a Boy Scout, I was able to travel to some pretty cool places. In the summer of 2001, I attended the National Boy Scout Jamboree in Fort A.P. Hill Virginia. The 2001 National Jamboree was attended by over 40,000 scouts and leaders from around the world. I was fortunate enough to be one of the 72 Scouts from the Central Minnesota Council to have the opportunity to attend this event. I became a member of the Jamboree Troop 1417 with other Scouts from around Central Minnesota. In the months leading up to the Jamboree we had many meetings where we got to meet our fellow troop members, split into patrols, chose names, and designed troop and patrol flags.
One of the most unique experiences at the Jamboree was trading patches with other Scouts. Before the Jamboree, every Boy Scout Council designed a special patch for the event. Often times the patches were personalized for their particular area of the country. In addition to interaction with others, I also was able to participate in activities such as rock climbing, snorkeling, kayaking, and scuba diving. On our trip to Virginia for the National Jamboree we did a lot of sightseeing as well. We stopped in Cleveland to see the Rock and Roll Hall of Fame, spent two days in Washington D.C., and on the trip home we stopped in Virginia Beach and Norfolk. Being able to interact with other Scouts from around the country, share stories, enjoy activities, and sightseeing was a once in a lifetime opportunity for me as a scout.
My most enjoyable Scouting experience was a hiking trip to the Philmont Scout Ranch in Cimarron, New Mexico during the summer of 2004. On this trip we spent 11 days hiking and camping in the wilderness while carrying everything that we needed to survive, including food, water, and sleeping gear. The Philmont experience is based around the principle of "low impact camping" in which the Scouts and leaders are encouraged to leave the campsites and hiking trails in the same, or better, condition as they were found. Each group of scouts and leaders that attend Philmont must complete a service project to improve hiking trails and campsites to preserve the natural environment. In addition to learning outdoor survival skills, I had the opportunity to hike the 12,441 foot tall Mount Baldy, which is the tallest point in Philmont. This was the most physically challenging and satisfying part of this trip. Everyone in our group made the hike to the top of the mountain which was a wonderful achievement or entire team. The Philmont experience is something I will always cherish and I hope someday I will have the opportunity to go again.
From the moment I became a Boy Scout at age 13 I always had the goal of becoming an Eagle Scout. Fortunately for me Troop 68 encouraged advancement and earning merit badges. When I first joined the troop there were several older members that had already become Eagle Scouts and they served as a good example for the younger scouts. During my years in scouting I attended many troop outings and summer camps as well as held a variety of leadership positions including patrol leader and senior patrol leader. This involvement helped me gain the understanding of the commitment needed to become an Eagle Scout.
For my Eagle project I held a drive in our local community and schools to accumulate school supplies and teaching materials for schools in Bosnia. I got this idea from a former Scout who was serving in the US military stationed in Bosnia at the time. In letters, he made me aware of the large need for supplies to help better the education. The support from the community was awesome, I received large amounts of supplies from local students and teachers. I even received a generous donation for the local Lions Club to purchase teaching materials. My Eagle Scout award has always been a rewarding accomplishment for me because less than five percent of all scouts have earned this award and it shows how much dedication and hard work I put forth to reach my goal.
My Scouting experience has benefited me in my adult life in ways other than just lifelong friends and memories. Many people understand the importance of the Eagle Scout Award and for that reason I have always kept this accomplishment on my resume. In doing so, it has given me opportunities that may not have otherwise been available. While interviewing for a Design Engineering job at 3M (my current job), I spent a good portion of the interview talking about my experiences in Scouting and my Eagle project. The interviewer (my current manager) is actively involved in Scouting and has a son that is also an Eagle Scout. My manager has since told me that my Eagle Award was an important consideration in his decision to give me a chance to interview and eventually offer me a job.
Through my job I have been a team leader for our 3M Engineering Community Giving campaign. As a leader of this team, I plan and coordinate volunteer events with other employees. My past experience doing service projects and leading my Eagle Project have given me a good perspective on how important service to others is. I have relied on my diverse background of service to others to help me identify volunteer opportunities for my company.
The Boy Scout organization has been vital in shaping me into the person I am today. I learned many life skills, had unique opportunities to travel, and learned how important giving back to others can be.


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Product used: LCA25 series linear
- To measure how parallel a turbine blade is to the fixture that the blade is being held on.
- Surface has to be parallel within 15 microns, otherwise blade will be scrapped.
Customer problem/ objective
- All other devices they had tried could not achieve landing onto the turbine without damaging it, or being able to constantly feedback positional values back to the PC, within the controller tolerances could be set as well.
- Objective is to find a device that can achieve the above without damaging the blade
- LCA25-10-51F with controller and cable.
- Move out & soft-land onto the turbine.
- Feed positional information back to the computer.
Check measurements in our own controller to see if the blade is within tolerance, Signal pass or fail at the end of the cycle.


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text: On this page, you can find an overview of all the exhibitions on museum digital. By choosing a place you can set a filter. The calendar view offers to chose a day. If you combine both you will see what is going on at a certain place and time. While in the calendar view you may get more information about an exhibition by clicking the mouse on a title or marker. If you click on it you find even more information about a certain exhibition. Clicking on an exhibition title reveals more about the respective exhibition.