Trump’s Travel Ban: What does International Law Say?

Earlier this year, American President Donal Trump signed an Executive Order to protect the nation from foreign terrorists to enter the country.

What does the Ban Include?

The order places a limit on the number of refugees that enter the United States. It bans entry of foreign nationals from seven Muslim majority countries such as Yemen, Syria, Sudan, Somalia, Libya, Iraq and Iran. President Trump cited that the travel ban is in effect to prevent radical Islamic terrorists from entering the nation.

Is this Ban Justified from anInternational Law Perspective?

Karen DeSoto, a human rights activist and legal expert however points out that, not a single national from these seven nations have ever carried out a terrorist attack on US soil.

According to international refugee law experts, the US has operated one of the largest resettlement programs for over four decades, admitting significant number of refugees seeking asylum in their nation. During this span of time, only three Americans lost their lives in attacks conducted by Cuban refugees way back in the 70s. Besides this, there is absolutely no data supporting his claim of terrorist threats through refugees.

This ban is already facing a number of legal challenges in national courts within the US. In addition to this, when this ban is challenged by a UN body or an international court, this ban may collide with International laws.

What does the International Law Say?

The Article 3 of the 1951 Convention Relating to the Status of Refugees disallows discrimination in the application of the convention on the grounds of country of origin, religion or race.

What to Expect when you file a Discrimination Claim at Work

If you wish to file a discrimination claim at work, you may first file your claim at the EEOC and TWC. They will conduct an investigation to legitimize your claims. Human rights attorney Karen DeSoto provides some insights.

• If the investigation determine that there isn’t sufficient evidence for them to take your case, they will issue to you a letter that is essentially a right to sue. This allows you to file your discrimination claim without the help of the EEOC or TWC.

• Remember that you will be allowed to file a suit solely on the basis of the information you originally provided in your charge, so be thorough and have an expert review it.

• If the charge does not provide sufficient information or correct information, chances are that you will be left with an invalid claim or lose a viable claim that could otherwise have improved your chances of compensation.

• Remember that the investigators at EEOC and TWC will assist you in filling out the claim limits. However, they are not lawyers and may not take into account all the factors required for a successful result.

• Employing a lawyer to help you draft your lawsuit is highly recommended.

Having a lawyer represent you is a prudent and realistic approach to a discrimination claim, allowing you to improve your chances of winning the suit.

Why you need an Attorney to fight your Discrimination Case

If you believe that you have been victim to discrimination at work, it is important that you know what your rights are. In addition, depending on how complex the case is, you may need to hire an experienced attorney who is focused on that field of law. Attorney Karen DeSoto offers the following insights.

What is the Scope of an Attorney? 

An employment discrimination attorney will better be able to assess the validity of a claim, and define the strategy to move forward.

● Assess Whether the Employer Discriminated Against You 

For illegal discrimination to take place, the incident(s) need to fall under a category that is protected by the federal or state anti-discrimination laws. Not all categories are obvious and therefore require the expertise of an attorney that understands the subtlety, nuances and interpretations in this area of the law.

● Gather and Present Evidence that Supports your Claim 

Proving the intent of your employer, superiors, coworkers, or anyone who discriminated against you at work can be tricky, especially since most people will not admit their bias. Your attorney will help gather evidence by subpoenaing key documents, taking depositions of witnesses and obtaining the right testimonies to help your case.

● Help Run a Cost-Benefit Analysis 

This is one of the biggest advantages of hiring an attorney. He or she will be able to walk you through the strong and weak points of your case, highlight the expenses and the amount of damages you can actually recover if you win.

Finally, your attorney will be able to layout your options and give you a correct perspective on where you stand in your discrimination case.

Privacy at Work – Does it exist?

As technology progresses at insurmountable rates, it is becoming easier for employers to watch you while you work. If workplace privacy is a concern for you, here are some insights by attorney Karen DeSoto –

Like it or not, Employers Monitor Online Activity 

Studies show that as many as 63% of employers in the US monitor internet connections at the workplace. This means that your employers have access to one or more of the following –
• Your emails
• What you browse on the web
• Your phone calls
• Your computer files
• Video recordings

Companies are also investing in computer software that allows them to monitor stored data on screens of workplace computer terminals. In data entry and word-processing jobs, it is common for employers to pursue keystroke monitoring. This refers to the number of keystrokes an individual makes within an hour.

Why are my Employers Tracking my Activities? 
Workplace terminals are monitored to assess productivity, compliance with company policies, make sure company data remains secure and gather actionable insights.

Furthermore, your social media activities are also probably being tracked by employers to ensure safety of company and client information and to make sure the personal information of other employers is not made public.

Employers also track social media accounts to ensure there is no criticism against employers, customers and subordinates.

Is this Legal? 
Generally speaking, employers do have the right to monitor workplace computers; especially since the networks and the hardware is owned by them. However, some union contracts may limit the nature of this monitoring.

3 Ways That Karen Desoto Provides Inspiration for the Youth

After successfully completing her education in law, earning a Juris Doctorate at the Beasley School of Law at Temple University, her career has never slowed down. 

Here are a few things that make her one of the most inspiring people that we have today!

She Knows What She Wants To Achieve

She then served as a public defender, prosecutor and then moved into private practice, eventually founding also the Center for Justice. She went on to become the younger lawyer (first woman and first Hispanic) to be appointed Chief Corporate Counsel for the city ofJersey City, New Jersey, where she oversaw a large legal department, working with all the city agencies 

She Cares For the Society

Though busy with her career, she never forgot where she came from. A lifelong resident of New Jersey, Karen always found time to give back. She gave of her time serving on the Boards of nonprofit and community organizations, and mentored young people. This earned her “Humanitarian of the Year” by the Bayonne Youth Center, and many other honors for her good work in the community.

She Aspires To Bring About Change

It was this aspiration that led Karen and David Weiss to co-found the Institute for Dispute Resolution, which has in its short existence already contributed to a new law in New Jersey, and sponsored students to compete in international mediation competitions.  

The Institute for Dispute Resolution – Creating a league of its own

Karen DeSoto in the last few years has focused her attention to the field of international mediation. She currently serves as a professor at New Jersey City University where she and David S. Weiss founded and co-direct the Institute for Dispute Resolution, while she continues to appear on television as a legal analyst at NBC News.

Previously she served as a practicing attorney; founded the Center for Legal Justice, and became the first women, first Hispanic, and youngest lawyer to ever be appointed Chief Counsel for the city of Jersey City, New jersey. For years she was active in workplace equality at a time when The Hudson Reporter named her to their list of Top 50 Most Influential people, calling her “a force to be reckoned with.”

These days Karen is mostly focused on the IDR, promoting international mediation in New jersey -- through the Applied Research Department of the IDR. In 2017 the New Jersey International Arbitration, Mediation, and Conciliation Act was signed into law, an initiative introduced by the IDR.

This year at the 12^th Annual International Commercial Mediation Competition in Paris, France, three students from the IDR, Justin Davis, Kaylee Saltos, and Leman Kaifa represented NJCU. They were the only business school students to be selected from the U.S.A., as all others were teams pulled from law schools.  

In the week-long mock mediation sessions, where students were given practical learning experience, the team from NJCU represented excellent skills and knowledge about the mediation field. The students were coached by Christian Corrales and Karen DeSoto, getting excellent insights about the legal world in general and the mediation and arbitration world in particular.

Last year Leman Kaifa was part of the team at the Consensual Dispute Resolution Competition (CDRC) in Vienna, Austria, and winning an Award for Best Opening Statements.

Karen DeSoto was quoted as saying, “We’re so immensely proud of our students. They competed at the highest levels. The entire experience I think has been great for all of us. The Institute has raised the profile of New Jersey City University, provided students to expand their knowledge and worldviews as they travel internationally — meeting and competing with other students from all over the world.”

The students of IDR (Institute for Dispute Resolution) have competed several times in Paris and Vienna to date. 

Students From The IDR Prove Their Mettle, Again!

The 12th ICC International Commercial Mediation Competition in Paris, France, was a brilliant portrayal of skills that college level students possess in the field of mediation and negotiation. It is a matter of pride to note that this globally-renowned event -- which selects group university teams from across the globe to participate in a week-long series mock mediation sessions -- selected just 66 schools from world over, and NJCU made the list.

Justin Davis, Leman Kaifa, and Kaylee Saltos, from NJCU, participated in the event.
  

Getting invited to such a prestigious event and proving your mettle in front of the whole world requires expertise and skills that are honed only by the right coaches. This excellent team was coached by Christian Corrales and Karen DeSoto. Corrales, who is an NJCU graduate and program alumnus of NJCU’s IDR, coached both the ICC and CDRC competitions in 2016. DeSoto, on the other hand, is the co-director of the IDR, the founder of the Center of Legal Justice and serves as an on-air legal analyst for highly acclaimed news channels today. Her experience and knowledge in the field helped in guiding the students outstandingly.

Being coached by the experts, these students were afforded the opportunity to put their classroom knowledge into practice, interacting with students, professors and legal professionals from around the world.