Articles written by David J. Shestokas

Showing 1-50 of 153 Articles

Mango Rain, A story of Two Cubas and America
Students of 20th Century history have knowledge of the 1959 Cuban revolution.The effect of that revolution on families and Cuban life is less well known.
Dec 1, 2011 - David J. Shestokas
The US Constitution's Separation of Powers: 1800 Years of Thought
Americans know about the three branches of the federal government: legislative, executive and judicial. This separation of powers developed over 1800 years.
Nov 11, 2011 - David J. Shestokas
The US Constitution's Bill of Rights, Promise Made, Promise Kept
The first ten amendments to the US Constitution are collectively known as the Bill of Rights. These amendments limit the power of the federal government..
Sep 26, 2011 - David J. Shestokas
Appellate Conflict on Obamacare Sets the Table for Supreme Court
As health care reform works its way through the courts, a Supreme Court hearing is now assured as two appellate courts have issued conflicting opinions.
Aug 21, 2011 - David J. Shestokas
A Primer on Social Organization from Communism to Republics
The American flag represents the Republic of the US, but what is a republic in relation to other ways to organize human society?
Aug 2, 2011 - David J. Shestokas
White House Response to Congress on Libya and War Powers
The Obama Administration issued a report on June15 outlining US involvement in Libya and why the War Powers Resolution does not apply.
Jun 16, 2011 - David J. Shestokas
Obama Libyan Actions Attacked on Two Fronts: Political and Legal
June 19, 2011 marks 90 days of US military involvement in Libya. President Obama's use of military action has been challenged politically and legally.
Jun 15, 2011 - David J. Shestokas
Supreme Court Chips Away at the Fourth Amendment in KY Case
On May 16, 2011 the Supreme Court took a slice out of the civil rights of American citizens. In Kentucky v. King the Fourth Amendment was weakened.
May 16, 2011 - David J. Shestokas
Supreme Court Limits Suits for Violation of Constitutional Rights
On March 29, the Supreme Court decided a man nearly executed and who spent 18 years in prison could not sue for violations of his constitutional rights.
Mar 30, 2011 - David J. Shestokas
US to Supreme Court: Don't Hear Obamacare Yet. Purposeful Delay?
This week the United States asked the Supreme Court to deny Virginia's request to hear the Obamacare cases without decisions from Appellate Courts.
Mar 19, 2011 - David J. Shestokas
US Appeals FL Obamacare Case, Supreme Ct. May Be Next Via VA Writ
Meeting a deadline set by the judge, the US filed an appeal in the FL Obamacare case. A pending writ of certiorari may bring the case to US Supreme Court.
Mar 10, 2011 - David J. Shestokas
Supreme Court Upholds Offensive Speech Near Military Funerals
On March 2, 2011, the US Supreme Court held the First Amendment protects picketers using military funerals to obtain publicity for their views.
Mar 4, 2011 - David J. Shestokas
Obamacare Ruling Clarified: Unconstitutional, Appeal in 7 Days
On January 31, 2011, Judge Roger Vinson declared Obamacare unconstitutional. The Dept. of Justice didn't understand and asked the judge to clarify.
Mar 3, 2011 - David J. Shestokas
Another Constitutional Problem for Obamacare? Health Care Waivers
Companies, unions and states have been requesting and getting waivers from complying with the Affordable Care Act. This raises new constitutional questions.
Feb 27, 2011 - David J. Shestokas
Judge Upholds Obamacare: Congress May Regulate "Mental Activity"
On March 31, 2010, President Obama signed into law the Affordable Care Act. Since then federal courts have been struggling with constitutional challenges.
Feb 23, 2011 - David J. Shestokas
US Asks Clarification of Unconstitutional in FL Obamacare Case
Judge Vinson declared the Affordable Care Act (commonly known as Obamacare) unconstitutional. The US Dept. of Justice has asked the judge what he meant.
Feb 20, 2011 - David J. Shestokas
Affordable Care Act (Obamacare) Analysis of Unconstitutional Law
March 23 President Obama signed "The Affordable Care Act". Minutes later Florida sued asking the law be declared unconstitutional. On January 31 it was.
Feb 20, 2011 - David J. Shestokas
Audi Campaign of Twitpics & Tweets Enhances Skills of Finalist
During the Super Bowl, Audi launched a campaign to take advantage of the power of Social Media. Finalists are vying for $25K for their charity.
Feb 17, 2011 - David J. Shestokas
Audi Attempts to Harness Social Media in Progressis Promotion
Audi is trying to put to work millions of social media activists with a contest launched during the Super Bowl with an effort to build brand awareness.
Feb 15, 2011 - David J. Shestokas
A Child's Book: The Wild and Crazy Adventures of a Young Author
There are many children's books with stories written by adults who guess what might interest a child. There's no guessing for this six-year-old author.
Jan 5, 2011 - David J. Shestokas
Forex Fundamentals Analysis: Economic Data to Predict Prices
A factor in the value of one country's currency relative to another's is the relative strength of their economies. This can be measured with economic data.
Dec 20, 2010 - David J. Shestokas
The Language of Forex: Understanding Foreign Exchange Terms
Many are becoming interested in trading in the foreign exchange, or Forex, market. Forex has its own language which any potential trader must know.
Dec 19, 2010 - David J. Shestokas
Trading in Foreign Currency: Development of The Forex Market
The Forex, or foreign exchange market, is becoming increasingly more accessible. Understanding what it's about is crucial for someone to be successful.
Dec 19, 2010 - David J. Shestokas
We the People: Gouverneur Morris & the US Constitution's Preamble
There were many luminaries at the 1787 Constitutional Convention. Washington, Franklin et al. Often overlooked is the Preamble's author, Gouverneur Morris
Nov 14, 2010 - David J. Shestokas
The Commerce Clause, the Butterfly Effect and the 2010 Elections
The 2010 congressional elections have been called referenda on Obama, Health Care, Taxes, Stimulus and more. In a way its all about the Commerce Clause.
Nov 2, 2010 - David J. Shestokas
Evolution of the Right to Counsel, Expansion of the 6th Amendment
Thanks to television everyone is familiar with the extensive right to an attorney and the fact that one may be appointed. That has not always been the case.
Oct 31, 2010 - David J. Shestokas
Affirmative Defenses: Self, Necessity, Entrapment & Insanity
In some criminal cases the defendant admits committing a criminal act. A legal excuse or justification may exist. This is an affirmative defense.
Sep 29, 2010 - David J. Shestokas
Source of US Law: Common Law, Constitution, Statute & Regulation
There is a great interest these days in the US Constitution. It is the organic legal document, but not the only source of law. It all began with Common Law.
Sep 25, 2010 - David J. Shestokas
US response to WWII Rubber Crisis, Lessons for Oil Needs Today
In the years prior to US entry into WWII, Japan conquered the world's major supplies of rubber. 90% of the supply of rubber was cut off from the US.
Sep 25, 2010 - David J. Shestokas
4th Amendment Prohibition Against Unreasonable Search & Seizure
The Fourth Amendment is among the most important restrictions on government in the Constitution. It limits government power to seize people and things.
Sep 19, 2010 - David J. Shestokas
The Seventh Amendment, Right to a Jury in Federal Civil Trials
The Founding Fathers had a healthy fear of government power. They relied upon juries to be a check upon that power. The 7th Amendment demonstrates this.
Sep 18, 2010 - David J. Shestokas
The Sixth Amendment, One Amendment, Six Constitutional Rights
The Sixth Amendment subjects beyond the well known right to an attorney in criminal proceedings. There are six constitutional rights in the 6th Amendment.
Sep 16, 2010 - David J. Shestokas
The Fifth Amendment, One Amendment, Five Constitutional Rights
The Fifth Amendment covers subjects in addition to the well known right to remain silent. There are five distinct constitutional rights.
Sep 15, 2010 - David J. Shestokas
Will Provisions to Appoint a Child's Guardian if the Parents Die
There are good reasons to have a Will, but for parents with a child under the age of eighteen, appointment of a child's guardian may be the best of all.
Sep 14, 2010 - David J. Shestokas
Types of Property Ownership are Important to Estate Planning
In estate planning a principal consideration is property ownership type for property to be dispersed with minimal probate according to the owner's wishes.
Sep 10, 2010 - David J. Shestokas
10 Reasons to Have a Last Will and Testament & to Keep it Current
About 70 percent of Americans do not have a will. Many procrastinate, believing they do not have enough assets, or not wanting to consider their mortality.
Sep 5, 2010 - David J. Shestokas
Last Will & Testament in Florida, Requirements for a Valid Will
Among the most important documents a person can create during his or her life is a Last Will & Testament. Florida law provides for certain formalities.
Sep 4, 2010 - David J. Shestokas
Article V Convention: Amending the Constitution without Congress
The recently passed Health Care Reform Act has given rise to calls for a Constitutional Convention, most recently by SC Lieutenant Governor Andre Bauer.
Apr 18, 2010 - David J. Shestokas
Rules for Florida Judicial Candidates
All judges in the State of Florida are bound by the Judicial Code of Conduct. Judicial candidates are bound specifically by Canon 7.
Feb 21, 2010 - David J. Shestokas
Twenty-Seventh Amendment to the US Constitution
In 1789 Congress submitted to the states for ratification 12 Amendments. Ten were ratified, becoming the Bill of Rights. Another languished for 202 years.
Jan 26, 2010 - David J. Shestokas
The Constitution's 26th Amendment
It was 1970 and the Viet Nam War was raging. Americans as young as 18 were being drafted, yet they couldn't vote. It was time for a change.
Jan 17, 2010 - David J. Shestokas
The US Constitution'sTwenty-Fifth Amendment
When the Constitution was drafted in 1787, the office of Vice-President was created as an afterthought, as a solution to potential problems with the Electoral College.
Jan 10, 2010 - David J. Shestokas
Obama Health Care Reform and the Constitution
Washington assumes that Congress has the authority to directly regulate the doctor patient relationship. Is there validity to that assumption?
Dec 3, 2009 - David J. Shestokas
Common Sense Tips for Safe Holiday Shopping
Holiday shopping can present unique danger. Employing a few preventative measures can help keep the holiday season joyous.
Dec 1, 2009 - David J. Shestokas
The US Constitution's Twenty-Fourth Amendment
After the Civil War, the vote was extended to members of all races. Some states placed a tax on voting to hold down the black vote.
Nov 29, 2009 - David J. Shestokas
Twenty-Third Amendment to the US Constitution
The Constitution provided for a seat of government for the United States. It did not provide voting rights for those living there.
Nov 15, 2009 - David J. Shestokas
Divorce Busting and The Divorce Remedy
Over 50% of American first marriages end in divorce, and over 60% of second marriages do as well. Michelle Weiner-Davis insists almost every marriage can be saved.
Nov 14, 2009 - David J. Shestokas
The US Constitution's Twenty-Second Amendment
In 1797 George Washington set a precedent that would be followed for 143 years. He retired from office after two terms. Franklin Roosevelt broke the tradition.
Nov 14, 2009 - David J. Shestokas
Holder Says 9/11 Trials to be Held in New York
The decision announced Nov. 13, 2009 by Attorney General Eric Holder to try 9/11 conspirators in New York is controversial, but strongly grounded in the Constitution.
Nov 14, 2009 - David J. Shestokas
The 21st Amendment Repeals the 18th
The only constitutional amendment ever repealed was the 18th which had ushered in Prohibition. The experiment ended on Dec. 5, 1933, with ratification of the 21st.
Nov 13, 2009 - David J. Shestokas
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