Category: Law
During times of duress, uncertainty and economic challenges, we all at one time or another will turn to faith of some kind. While many of us appreciate that there is comfort in prayer and meditation; there are times when even the most devout seek a more clinical remedy.
If you are at all familiar with the principles behind the Law of Attraction then you will want to add this eBook to your collection. Dr. F. W. Sears was a practicing psychologist during the early 1900s; a predecessor of Napoleon Hill who skyrocketed to fame with Think & Grow Rich, Sears fueled many of Hills theories.
Sears published many articles on his study of harmonious attraction throughout his career. In this book How To Attract Success, he cites several case studies and his own personal experiences with modifying behavior in order to change the vibration or energy surrounding ones efforts in such a way as to literally attract the people, situations, circumstances etc. necessary to achieve the success you desire.
No, this is not hocus pocus, black magic voodoo, or atheist based. These are natures laws, universal laws that have been observed and studied and woven into all faiths, through the millennium, and accepted as a matter of fact. A matter of fact that struggles to preserve itself in a society more interested in how to make money instead of how to succeed as a human being. On a global level it is very important what we all individually seek to achieve and how we go about doing that. Many have utilized the Laws of Force without even realizing it when their efforts might have been better spent understanding the Law of Harmony. Why generate all that negative energy when positive energy will not only satisfy your own desires but also contribute to a more productive mass consciousness. One person really can affect change.
Dr. Sears expresses this best, To understand this Law of Force and its manipulation by the power of concentration with man’s mental faculties is what the schools, colleges and universities of the world teach as psychology.
It is no more real psychology than black is white. Just as black is the absence of all color while white is the harmonious union of all color, so is the psychology of the schools, colleges and universities of the world the absence of all real psychology because such teachings are limited only to the physical and mental planes. Real psychology is the union of all planes of consciousness manifesting in one perfect and harmonious whole, under the Law of Harmony.
Laws of Attraction did not begin or end with How To Attract Success. As a student of all the Universal Laws, you will want to study all the pioneers in this field for your own edification of a very broad subject. There are references in the book enough to get you started on your own self-help library. So many phenomenal books and teachers out there that can feed one’s hunger and thirst for self-improvement. There is no one path that will lead the masses to realize their inner-purpose, but all roads will lead you somewhere.
If this is the first book you have read that dared to claim that we could effectively change our own lives, it will fan your curiosity and drive you in new directions of self growth.
Dr. F.W. Sears was a Master of Psychology, a practical man of science. His writings and practical applications were produced during the 1910’s and 1920’s yet remain as relevant now as then. He not only practiced what he preached but, applied his theories in counsel to his own patients and chronicled their successes. Many of those accounts you will find in this book.
Turns out that Attraction is not a secret phenomenon it is an ancient Universal Truth. Study along with one of the Masters, discover what he has learned, lectured about and practiced himself.
In this adaptation, an introduction has been added that will show relevance almost 100 years later. By adding notable quotes from ancient scholars, spiritual teachers and other self-improvement authors, this chronicle of Dr. Sears’ observations and practical applications are more palatable to today’s reader.
If you are a student of the Universe, you will appreciate the books introduction and benefit from this read.
According to John Eidsmoe, the U S Constitution was heavily influenced by Christianity. That is the thesis of his book Christianity and the Constitution. Published in 1987 by Baker House, the book is 415 pages in length.
The book leads off with a survey of various philosophical schools popular in the 18th Century, not least of which was Calvinism. John Eidsmoe states that a majority of Americans were Calvinist, but fails to demonstrate its influence on the Founders.
The book deals briefly with “John Locke’s social contract theory,” which is said to be the “secular expression” of the covenant. Mr. Eidsmoe equates the two, a usual tactic of Christian Federalists to explain away the obvious secularism of the U S Constitution.
For example, he glosses over Locke’s humanism with the assertion that he was “a Puritan by background” who “based his political theories on Rutherford’s Lex Rex.” Thus he excuses Locke’s humanism and Latitudinarianism to arrive at an very tenuous conclusion. John Locke was a Puritan prodigal, not a faithful son.
Mr. Eidsmoe’s repeated confusion of social contract theory and Bible covenant is his biggest problem. He naively mistakes the preamble of the U S Constitution as a commitment to Bible covenantalism, instead of the godless social contract which it is. This confusion is typical of Christian Constitutionalists, who frequently equate the U S Constitution and the Word of God.
Another chapter looks at aspects of 18th Century Puritanism such as optimistic eschatology and the application of Biblical law to all of life. John Eidsmoe wants his reader to draw the conclusion that these were incorporated into the U S Constitution. But this does not follow. The first Great Awakening of 1742 is described as a revival of Puritanism. This tenuous conclusion supports the non sequitor that Puritanism was built into the U S Constitution of 1787.
Several aberrant philosophies of the time are also discussed, including Freemasonry and Deism. Freemasonry is introduced and then waved off as an innocent social club, useful for political and business networking. John Eidsmoe simply ignores the anti-Christian oaths integral to Freemasonry.
It is hard to summarize all the problems in the chapter on “Law and Government”. For one thing, Mr. Eidsmoe presents Montesquieu as a champion of Biblical law. In reality Montesquieu took the Bible as but one among many authorities, with all subject to natural law.
Likewise Blackstone’s Common Law is presented as a compendium of Biblical law par excellence. The fact of the matter was it had morphed into a barnacle- laiden anachronism by the 1750s. For example, some 200 mostly petty crimes carried the death penalty. Most juries refused to enforce it because it was so obviously unjust.
In reality Blackstone rarely even mentioned the Bible in his Commentaries. We assume John Eidsmoe has read Blackstone, so he should be aware of that.
Returning to Locke, Mr. Eidsmoe justifies his humanism and “blank slate” theory of the mind, which denies original sin. Again he draws the faulty conclusion that Locke’s “social compact theory is similar to the Calvinist idea of covenant.” This is a misleading statement because the two ideas are diametrically opposed. They represent the authority of man versus the authority of God.
All of these misperceptions color the religious biographies of the founders which comprise most of the book. For example, of John Witherspoon he notes that “He devoted his life to instilling the principles of Holy Scripture into the minds and souls of young men who then used these principles to shape America.”
It is difficult to see how anyone who has read Witherspoon’s class notes for his moral philosophy class could draw such a conclusion. Moral philosophy was the culminating class of the curriculum that Witherspoon taught personally to all the graduating seniors at the College of New Jersey. They are an exposition of natural law and secular social contract theory, with very little reference to Holy Scripture.
Typical of Christian apologists for the U S Constitution John Eidsmoe spends a good deal of time arguing that the Founding Fathers were all solid Christians. The usual assumption is that if we can prove the founders were Christian, the document they gave us must of necessity be Christian. But this is a non-sequitor. Space does not permit us to say all that could be said of these biographies.
At the end, John Eidsmoe lists all of the alleged biblical principles he has found in the U S Constitution. But most of what he cites is Enlightenment theory of the natural rights of man, egalitarianism, and natural law. The “consent of the governed” is the source of governing authority rather than God.
Mr. Eismoe is correct in concluding that knowledge of the sinfulness of man prompted the Constitution’s limited, delegated powers. This is the one point at which the Founders got it right, and we have Witherspoon to thank for that. But overall the complexities of this book should limit its use to the advanced student who is well-versed in the issues involved.
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Everybody is struggling to establish their career as the economy is going through some crises. For you to have a good job, you must double the effort that you usually do since employment competition is on the higher level now. Nevertheless, the economy isn’t always stable, and when recession sets in, businesses will be pushed to lay off a few employees. In lots of cities like New York, business abuses are undeniably present. As a matter of fact, a few workplaces are discriminating the jobless.
In the present times, individuals are not hired due to some reasons. Cronyism is just one of these reasons. Only those people who have connections are the ones who can simply get the job. As it is, it is harder for most New Yorkers to search for a job than to find a property. This is because the present unemployment rating is on the rise. It has also become harder for people to secure their current jobs.
Navigating the modern workplace is extremely tough that is why you need the help of NYC employment lawyer. When it comes to employment and civil litigation matters, they are the ones who can help employees from large and small companies. Usually, their services aren’t just limited to the local community because they give it internationally also. Employees’ race, age, sex, disability and religion discrimination is not new to them. Businesses will offer people a chance instead of stereotyping others through their assistance.
Whether your case involves harassment, gender equality issues, sexual harassment, breach of contract, executive compensation, or problems within partnerships, the employment lawyers can surely assist you. Counseling and advice for financial institutions and also other companies in different states, assistance concerning new business initiatives, acquisitions, joint ventures and the likes, drafting and revising employee handbooks, as well as other employment-related documents are also offered by the employmentattorney. What they do is to maintain a sense of fairness and equality among all employees. They prevent businesses from abusing their authority to merely undermine the rights of their employees. Through them, every staff would be treated with utmost professionalism. Keep in mind that laws are implemented so that both parties can benefit.
Other than the above mentioned services, employment lawyers are also helping out companies and businesses in keeping a strong connection to their employees. Several companies give their employees “value exchange. It turns the workplace into an enjoyable and engaging environment for workers to do better in their work. This is to turn the workplace into a different environment. Apart from providing employees a sense of freedom, this will also help them to become productive as they are very pleased with what they’re doing.
When it comes to legal issues regarding your business and job, it is best to have the help of the employmentattorney. They know how discrimination revolves around a certain workplace for both social and professional classes. Additionally, they can be of service to financially incapacitated small businesses that are bombarded with legal issues. With the aid of their expertise, skills and experience in civil legal actions, you can be sure that you’re in the safe zone. To discuss things up regarding your legal issues, you can personally visit their office.
When we look at the law of attraction as a focal point for our lives now and into the future we must develop our mindset. The mindset of success is building on success, the ability to adapt to, but never accept failure. At times things will not go as planed. There will be glitches, mistakes, bungles and setbacks, but no failures. The law of attraction and our mind set must combine; give us strength and inner power to prevail against all odds.
Entrepreneurs are often asked, “What is the hardest decision they have had to make?” Most answer they dont know what a “hard decision” is. Why? Because they approach decision making with a mindset and concept that states there is a strong possibility that they will be wrong. There mindset lets them know they will do there best and they will handle the obstacles as they arise.
The law of attraction tells us to believe and manifest our desires. Have the wrong mind set and how can we believe? How can we succeed? Entrepreneurs realize that they will make mistakes, but look to make them as quickly as possible so they can learn and develop new strategies from them. The law of attraction is all about mindset, about belief within ourselves and in our self talk. Make your own mistakes learning tools and a passage forward, not stumbling blocks and reasons for things not working as you planed.
Mindset is all about developing your inner self, going with gut feeling that feel right, using your intuition. Lets face it all your inner feeling are being built of the exposure to life experiences, knowledge you have gained, courses you have attended and mentoring from those around us. Mindset is to trust yourself, it will not always be perfect but more often than not, you can work your way through or around the issues that arise. Dont let the checks and balances destroy good ideas. Learn to take risks, go with your instincts, while you remodel you mindset.
To achieve the outcomes from the law of attraction in personal your life and your business, you have to practice being a manifestor of ideas. Its not a course that available at schools and colleges, let alone on the internet, it is learned in the school of life as you progressively move forward from small manifestations to larger and more complex. The law of attraction and our mindset must become one with each other.
Your mindset must move from a current restrictive set of standards and beliefs and build to even higher standards in both behaviour and manifestation actions. Although appearances may be more noticeable than facts, our mindset must hold both as equal. In time, our actions will become more powerful than appearance, for we will be on a higher plan where appearance is not what our self-esteem or mindset needs for us to feel for filled.
You must learn to project yourself forward with confidence, if you are to be successful in bringing the bounty of the law of attraction into your life. As you commence the journey, you havent the faintest idea how you are going to achieve the things you want. All that you can take with you is blind faith that others have achieved that which you now seek over countless generations around the world. Mindset, mindset and mindset is the key just as position, position, and position is for estate agents. Law of attraction and our mind set go hand in hand.
The law of attraction and manifesting is your entry key into a life of plenty that will be supplied under the universal laws.
To protect your faith that youre in control and working with the right mindset, always ask yourself these two questions:
1.Could this be interpreted by anyone in a way that would shake his or her faith in me?
2.Could this be misinterpreted and held against me?
Strong leaders know that leadership is a lifelong learning experience, and when they make a mistake they simply continue to move forward. The innate ability to bounce back quickly following any setbacks is a quality that your mindset must have. It is a mark of the persons mindset and inner abilities to see the positive from any letdowns to there manifestations, should they occur.
When you blunder, get up and try again quickly. As one high-tech executive said, “Our strategy is to fail forward fast.” So fail as and when you do, but do not look backwards, as the past is history and will not be changed it, can only be altered by minor viewpoints.
RESIDENTIAL TENANCIES: Mental Health Problems, a Duty to Accommodate, and a Tenant’s Right to Remain in their Home
By: Michael K.E. Thiele, B.A., LL.B., Plant Quinn Thiele LLP, Ottawa, Ontario Canada. Copyright 2007
The legislation governing most residential landlord and tenant relationships in Ontario is the Residential Tenancies Act S.O. 2006, c.17. (RTA). While the residential lease, written, oral, or implied, executed by the parties may inform the rights and responsibilities between the parties, the lease agreement may only establish those rights subject to the over-riding provisions of the RTA. In Ontario, the RTA applies to rental units in residential complexes despite any other Act and despite any agreement or waiver to the contrary. Further, where a provision in a tenancy agreement/ lease is inconsistent with the RTA or its regulations, that provision is void, and where the provision of another Act conflicts with the RTA the RTA takes precedence. In this regard, the freedom to contract is restricted; even prevented by the RTA, and appellate judicial pronoucement confirms that the RTA is effectively a complete code removing even the jurisdiction of the Superior Court in dealing with the relationship between landlord and tenant outside of the regime established by the RTA.
A recognized and statutorily mandated exception to the foregoing is the application of the Ontario Human Rights Code, the provisions of which take precedence over the provisions of the RTA. It is with respect to this exception that this paper is concerned, in the context of discussing recurring and difficult cases arising at the Landlord and Tenant Board, and how the Human Rights Code is helping tenants suffering from disabilities that cause behaviours which otherwise or normally would justify termination of their tenancies and eviction.
In practice before the Landlord and Tenant Board of Ontario, it has become increasingly apparent that a great number of tenants who are called upon to defend themselves and consequently their tenancies are suffering from some form of mental illness. In many instances, the mental illness is undiagnosed, but nevertheless is apparent to the observant onlooker. These tenants, but for the litigation support offered through Legal Aid Ontario, Community Legal Clinics, and generous lawyers, are left without the protections that one expects a Court to afford parties under disability. The Landlord and Tenant Board will allow proceedings to continue against a tenant, who by any reasonable measure would appear to be a party under disability, with the usual caveat being that they speak to duty counsel (who can not represent during the proceeding) prior to hearing.
Whether justice is wrought in these circumstances is a hard question; however, I believe it is fair to say that under these circumstances, the chance for injustice is greatly elevated. How then, and where, is the protection for parties under disability, for the mentally ill and infirm?
The starting point to deal with mental illness in residential landlord and tenant matters lies in the Ontario Human Rights Code R.S.O. 1990, c. H 19.. The code provides that -every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance-. A disability is defined to include a condition of mental impairment or a mental disorder.
In the recent Supreme Court of Canada decision in Werbeski v. Ontario (Director of Disability Support Program, Ministry of Community & Social Services), 2006 SCC 14 (S.C.C.) , the Court held that a provincially created statutory tribunal was obligated to follow the provincial human rights legislation when rendering its decision. The Court stated that statutory tribunals, which were empowered to decide questions of law, are presumed to look beyond the enabling statute, to apply the whole law to a matter properly before them.
The OHRC is a fundamental law. The Ontario legislature affirmed the primacy of the OHRC in the law itself, which is applicable both to private citizens and public bodies. Further, the adjudication of OHRC issues is no longer confined to the exclusive domain of the Ontario Human Rights Commission: OHRC, Section 34. The legislature has clearly contemplated that this fundamental law could be applied by the Court and other administrative bodies and has amended the OHRC accordingly.
In Werbeski , supra, the Supreme Court of Canada found that an administrative tribunal should apply the provisions of the OHRC when interpreting statutes because:
(i) The Ontario Human Rights Code states that it has primacy over other legislative enactments;
(ii) The recent amendments to the OHRC have removed the exclusive jurisdiction over interpretation and the application of the Code, from the Human Rights Commission.
In addition, the provisions of Section 11(2) and Section 17(2) and (3) of the OHRC specifically state that “a Court, as well as the Tribunal or the Commission, could apply these provisions of the OHRC when deciding if the needs of a person with a disability can be accommodated without undue hardship.” Section 47(2) of the OHRC states that the OHRC is paramount over other legislation. The Supreme Court of Canada has also held that the Human Rights Code takes precedence over agreements and contracts: Syndicat Northcrest c. Amselem, [2004] 2 S.C.R. 551 (S.C.C.).
APPLICATION TO LANDLORD AND TENANT BOARD PROCEEDINGS
The Divisional Court in Walmer Developments v. Wolch, on a appeal from a decision of the Ontario Rental Housing Tribunal (predecessor to the Landlord and Tenant Board), dealt with a situation where the tenant was diagnosed with schizophrenia. As a consequence of this condition, the tenant exhibited behaviours that included frequent screaming, throwing garbage loose in the halls, shouting profanity in the elevator, putting her property, such as her TV, out in the hall, and leaving food cooking on the stove unattended and hence filling the hall with smoke.
The Ontario Rental Housing Tribunal did not apply the Ontario Human Rights Code, and failed to give consideration to the implications of section 2 of the OHRC to the eviction proceedings before it. This was ultimately held to be in error as Section 17 of the Code provides:
17(1) A right of a person under this Act is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability.
(2) The Commission, the board of inquiry or a court shall not find a person incapable unless it is satisfied that the needs of the person cannot be accommodated without undue hardship on the person responsible for accommodating those needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.
After some discussion of issues pertaining to the Ontario Rental Housing Tribunal’s ability to require accommodation (since ameliorated by statutory amendments), the Court held that a tenant suffering a disability has the protections of the OHRC, and most importantly that the question of accommodation shall be considered in the Tribunal’s/Board’s determination of whether to relieve from eviction under the discretionary provisions of the Tenant Protection Act/Residential Tenancies Act.
In Walmer, the appeal was allowed because it was ultimately demonstrated that the landlord could accommodate the tenant by notifying the tenant’s family of problems as they arose and that the tenant’s family could intervene. It was found that the tenant, when on her medication was controlled and her behaviour was then not objectionable.
Walmer, then, stands for the proposition that a landlord has a duty to accommodate a tenant who exhibits behaviours as a result of a disability, that otherwise would warrant termination and eviction, and where the accommodation does not amount to undue hardship, to actually take steps to assist the tenant in maintaining their tenancy by finding reasonable solutions to the problems alleged. Further, where a landlord fails to provide such accommodation, the Landlord and Tenant Board is directed to consider what may be a reasonable accommodation and where available, refuse termination and eviction to the landlord.
SINCE WALMER The Walmer decision has had the practical impact of sensitizing the Landlord and Tenant Board to the fact that many of the persons who appear before the Board are suffering from disabilities. While sensitized to the issue, it continues to be the case that the burden of establishing the existence of the disability; and further establishing what the reasonable accommodation may be; remains with the tenant. Where tenants do not have representation and/or do not have a support network the accommodation potential (and hence retention of the rental unit) offered by Walmer , is not pursued and hence is lost. Very clearly, in the Landlord and Tenant Board context, a human right is only a right if it is pursued and the Board will not, on an institutional basis assure that a mentally ill party is represented and that his/her human rights are asserted.
The Walmer decision has had a dramatic real life impact for many tenants. In particular, tenants suffering from schizophrenia, paranoid delusional disorder, dementia, alzheimers, hoarding instincts, and a host of other mental illnesses that from time to time cause behaviours that otherwise would warrant termination and eviction; now, are retaining their housing, with the landlord being required to take a little extra care for them. The Walmer development has been a positive change in that it has very clearly prevented homelessness of persons with mental illness who are able to be treated and who will function normally with the right support, understanding, and accommodation.
This is significant as the number of aging renters increases. Aging seniors, who haven’t had an issue with their landlords since the commencement of their tenancy are increasingly finding themselves before the Landlord and Tenant Board facing allegations of anti-social behaviours. Often these behaviours are age related as aging sometimes brings on mental illnesses or medical conditions that cause a person to exhibit anti-social behaviours. Often, these can be medically treated or ameliorated by additional care and support. These -mentally ill- tenants are often just regular folks whose entire life is subject to being turned upside down through eviction because they got sick. Through eviction they lose the stability that having a place to live gives, it robs them of peace, their routines, and likely exacerbates any medical condition or mental illness through the stress caused by the eviction.
While Walmer has been a tremendous help to many tenants by forcing the Landlord and Tenant Board to recognize -disabilities- and to impose accommodation of those disabilities where reasonable; the procedures of the Landlord and Tenant Board in adjudicating cases dealing with the mentally ill continue to disregard the fact that in many instances these tenants are not only mentally ill but incompetent as well. From the perspective of the Landlord and Tenant Board it never has a party before it that can be a -person under disability- as in the sense of the Rules of Civil Procedure. Query whether this is just.
CONCLUSION The issue that this paper started with remains unresolved. Persons suffering with mental illness still face procedural disadvantage at the Landlord and Tenant Board. The Landlord and Tenant Board can make a person homeless. Hopefully, the law will eventually recognize that the mentally ill and incompetent deserve procedural protection and it seems fair to suggest that one avenue to such protection is through the ideas expressed by the Court in Walmer.