Corporations Legally Act As Individuals

The corporation acting as a legal person has been considered valid, as far back as Chief Justice John Marshall’s decision in 1819.

Equal protection laws always applied to corporations in the past. And occurred recently during the nomination and approval of Supreme Court Justice Sotomayor.

In a hearing prior to her approval, Justice Sotomayor remarked that corporations were not people. However the Supreme Court has always held that corporations also had similar broad First Amendment rights.   (See the Earl J. Weinreb NewsHole® comments and @BusinessNewshole at Twitter.)

Are You Really an Independent Contractor?

Independent contractor rules are as strict as ever. Whether or not you’re an employee or a contractor is a long-running question for many small business individuals.

The subject has become trickier, as the courts are vague and tort lawyers have been given more leeway by judges and juries who know little about business.

The rule of thumb for employers is this: If you control how a worker performs, he or she is an employee, not a contractor. Tell the hired person how and when to report to work and you have an employee, not a contractor. Also, when you provide tools for work, you have an employee. Tricky vagueness comes about when a question arises how important the job is to an employer’s business.

You can be a genuine contractor by all conventional definitions and still be considered by some courts an employee of a business. Sharp lawyers come in to help make a complaint against the boss and trouble starts.   (See the Earl J. Weinreb NewsHole® comments and @BusinessNewshole at Twitter.)

ObamaCare and Student Loans

Here is another example why ObamaCare can never work as advertised.

The government has taken over the student loan business. And it is costly.

Furthermore,taxpayers will put up $100 Billion as a start.

The problem here is that private lenders did a better job of evaluating risk and collecting bad debt, than the government. Any estimates of “savings” by the government is a fantasy.

Government figures, for example, never have those the private lenders include, such as two-year college programs with much higher default rates. What is more, the government has a poor service record among student borrowers.

In fact, government proposals are now on the track to eventually forgive whatever loans students never do pay back.(See the Earl J. Weinreb NewsHole® comments and @BusinessNewshole at Twitter.

Importance of Change Of Venue Justice Procedures

A change of venue is where a trial location is changed in order to prevent possible local prejudice against a defendant.

But most judges do not like to offer this request.

However, it’s important for cases in the public eye that a defendant be tried where jurors have not been bombarded with information about the case. And where defendants may be fairly judged on the merits of the case’s arguments.  Especially where information comes from populist and perhaps ignorant-of-the-facts media; that may already have prejudged that case.

Basic distrust exists against defendants who happen to be in finance or business. Most jurors, and judges, harbor innate prejudice against such individuals.

Most jurors simply don’t understand finance or business. They have been influenced by years of populist thought. A change of venue does not help change the harm done by such ignorance, but the change of venue principle is, at least, a step in correcting the system.   (See the Earl J. Weinreb NewsHole® comments and @BusinessNewshole at Twitter.)

“Greedy”Colleges?

Competition from for-profit universities, with curricula more oriented to job opportunities, has been increasing. Furthermore, the public has noted the tendency for college administrative bloat, Previous college administrations were able to get away with extravagance. They got by and prospered with expansive programs of dubious merit.

However, conventional colleges have been treated royally by the federal government with increased tax law and student loan benefits. No one in official Washington ever calls college bigwigs greedy for their increasing tuition charges and poorer student quality. (See the Earl J. Weinreb NewsHole® comments and @BusinessNewshole at Twitter.)

The Cap and Trade Tax and it’s Damage

Those who still believe in global warming science are true religionists.

Cap and Trade legislation is stalled but left-leaning politicians never give up trying. Added to these entrenched environmentalists are practical leftists who realize that Cap and Trade is an instrument for enforcing control and taxation on the entire population, though the vast majority of Americans do not want it.

The main problem is that economic damage will result, The government is enacting many of these global warming tenets without the approval of the electorate, by stealth and undercover means.

It’s weapon is the almost unrestricted use of the Environmental Protection Agency. (See the Earl J. Weinreb NewsHole® comments and @BusinessNewshole at Twitter.)

Consider Non- College Careers

College doesn't make sense for everyone. Some students simply lack the necessary competence, including the ability to carry on fluent conversation. Or write complete sentences. Nor do they have the basic math.

Many others would prefer non-college careers in industry. And are considering whether the expensive conventional college is worth the heavy investment and borrowing..

A century ago, only about 2 percent of American adults graduated from college; college education expanded when the G.I. Bill financed veterans after World War II.  Government student loans have enabled colleges to grow even faster over the last three decades.

This growth has been great for the schools but the product has simultaneously suffered. America leads the world in mass, not better education. Unfortunately, a bubble is ahead and the result will not be pretty.  (See the Earl J. Weinreb NewsHole® comments and @BusinessNewshole at Twitter.)