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Index: Pages/ Home, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23
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"Columnist has Disability Scare" By Daniel J. Vance
In the past, I've written about my daughter's disability, spina bifida. So I have lots of firsthand experience dealing with a loved one's disability. Twice over the last five years, I have also mentioned my own traumatic brain injury, but have explained that the lingering odds and ends of that injury, which are real, don't technically count as a disability. That's because even though affected, I haven't been "substantially limited" in at least "one major life function" due to the injury, which is the "official" definition. Recently, I had another brush with disability. Our family physician diagnosed me with Dupuytren's contracture, which is, according to a National Institutes of Health website, a "painless thickening and contracture of tissue beneath the skin on the palm of the hand and fingers." The website added: "Progressive contracture may result in deformity and loss of function of the hand." It primarily affects people of northern European ancestry. Most of my ancestors were Scots-Irish, meaning they came from Northern Ireland. Two well-known people having Dupuytren's contracture have been Margaret Thatcher and Ronald Reagan. Normally, the condition affects men over age 40, and often is linked to epilepsy, pulmonary tuberculosis, alcoholism, diabetes or liver disease. I haven't had any of these risk factors. Surgery could restore normal movement, but also would carry a risk of damaging the nerves and blood vessels. Given my relatively young age, the disease could come back following surgery. The thought of having this condition hit me especially hard because I earn a living moving my fingers. I write this newspaper column, and magazine articles and books. I first noticed symptoms a couple years ago, when my fourth and fifth fingers on my left hand felt weak. Due to the weakness, I was typing slower and making mistakes. In the freelance writing business, the faster a person types, the more income he or she earns. Three months ago, I noticed a hard nodule on my left palm, and later, a depression, between the fourth and fifth fingers. Typing became slightly more difficult. In the days after the diagnosis, honestly, I just flat-out panicked. I was face-to-face with the reality of one day possibly being "substantially limited" in my livelihood due to a disability, a feeling not unlike one I often hear expressed in people I interview for this column. I now can identify with them. Contact danieljvance.com [Blue Valley Sod and Palmer Bus Service grants make this column possible.]
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Certain Cases Can Start in Higher-Level Courts Q.: Is it ever possible to start a case in the court of appeals or the Supreme Court of Ohio? A.: Yes. Although the court of appeals and the Supreme Court typically hear only appeals from cases that were decided by another court, the Ohio Constitution makes some exceptions to this general rule. It authorizes certain cases, referred to as "extraordinary writs," to be heard as "original actions" in a higher court (either the appropriate district of the court of appeals or the Supreme Court of Ohio). Q.: What are these "writs"? A.: A "writ" is simply a court order directing a person or entity to act or refrain from acting in a particular way. An "extraordinary" writ is a special type of lawsuit that qualifies to originate in a higher court. There are five of these "extraordinary writs": habeas corpus; mandamus; procedendo; prohibition; and quo warranto. · Habeas corpus is a challenge to the custody of a person. Usually, prisoners bring habeas corpus actions but, in some circumstances, habeas corpus may be available to challenge the propriety of custody regarding others, such as children. · Mandamus is a request to compel a public office or official to carry out a duty imposed by law. For example, you would file a mandamus action to compel a public office to make public records available if a request for public records has been denied. · Procedendo seeks to compel a tribunal (usually, a court) to decide a pending matter. This might be necessary when a court has unreasonably delayed deciding a particular case. For example, a procedendo action may be brought to compel a judge to retry a case that was not resolved because the jury could not reach a verdict. · Prohibition is an attempt to stop a court or quasi-judicial tribunal from deciding a matter. Prohibition essentially challenges the authority of the tribunal to hear the matter. · Quo warranto is most commonly used to test a person's right to hold public or corporate office. Q.: That's a lot of Latin. Is there some way I can keep it all straight? A.: Here's a shorthand way to think of these original actions: Habeas corpus - "Let her go!" That is, habeas corpus challenges the propriety of one person having custody of another. Mandamus - "Do what you're required to do!" That is, a mandamus action tries to get someone to perform a duty the law requires. Procedendo - "Decide it, already!" That is, a procedendo action tries to get a court to rule on a case or some aspect of a case which, presumably, has been pending for a while. Prohibition - "Stop, already!" That is, a prohibition action tries to prevent a tribunal from going forward with a matter it lacks the authority to decide. Quo warranto - "Who do you think you are, you impostor!" That is, a quo warranto action most commonly challenges someone's right to hold public or corporate office. Q.: How do I start an original action in a court of appeals court or the Supreme Court of Ohio? A.: The Rules of Practice of the Supreme Court of Ohio and the local rules of several of the districts of the court of appeals contain rules specifically governing original actions. Q.: May I appeal a decision in an original action? A.: If the court of appeals decides an original action, you may bring an "appeal of right" to the Supreme Court of Ohio without first asking that court to accept jurisdiction. If the case started in the Supreme Court of Ohio, you would have to ask the Supreme Court of the United States to accept jurisdiction. Q.: How can I learn more about the different kinds of extraordinary writs? A.: Three of the original actions are governed by specific chapters in the Ohio Revised Code: habeas corpus, R.C. Chapter 2725; mandamus, R.C. Chapter 2731; and quo warranto, R.C. Chapter 2733. You can access the Ohio Revised Code through http://codes.ohio.gov/orc. To learn more about procedendo and prohibition, however, you would need to look up case decisions and possibly legal treatises. Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association. This article was prepared by John G. Cooney, senior staff attorney for the Court of Appeals of Ohio, Eighth Appellate District. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.
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Laura on Life
Today, I'm going to relax. No matter what. I'm not going to answer the phone; that's what answering machines are for. I'm going to turn off my cell phone, too. I suppose if I don't want to be lured to my computer every time I hear the enchanting chimes of the e-mail program, I'll have to turn it off as well. If anyone knocks on the door, I'm not going to answer it. If it's a package, they'll leave it. If it's someone who lives here, they know how to get in. If it's a neighbor complaining about my cat harassing the birds in their yard, they can keep knocking. If it's the police…I'll answer it; but he'd better have a good reason! I'm going to put on a pair of pants with an elastic waistband and the oldest sweatshirt I can find. I had thought about staying in my bathrobe and slippers, but Murphy's Law says that as soon as I did that, George Clooney or someone I knew twenty years ago would somehow materialize in my foyer. So, I decided against the bathrobe, but a pair of fuzzy socks and my slippers are a must today. I'm not going to do anything but relax. "Mommy, I don't feel good." Okay…a minor change in plans. I can still do this. Sick kids don't get into much trouble. I'll just run and get a thermometer and some acetaminophen - the cherry flavored kind - and tuck the little patient into bed. I can still relax today… A fever of 102? That spells a doctor visit. Relaxing may have to wait until after the doctor visit. "Mom, I need poster board for a school project." "When is it due?" "Tomorrow." Phooey! He gets the procrastination gene from his dad. It's okay, though, I'm already going to the doctor. I can pick up some poster board while I'm out. An hour later, I had to turn the phone back on to call the doctor's office. Immediately after I hung up, the phone rang. There is some reflex in normal healthy adults that just wants to make that ringing sound go away, even if it means picking up the receiver. So against every rule I'd set for my "Relaxing Day", I answered it. "Mom, I left my lunch bag at home, can you bring it?" "Can't you buy a lunch today?" "Aw, mom, they're having peanut butter and jelly sandwiches today." "But you like peanut butter and jelly." "Yeah, but they don't use jelly. They use honey and think we don't know." Gross. I guess I have to take the lunch in. It's the only humane thing to do. Let's see. The doctor's appointment is this afternoon and I need to take the lunch in before noon, but I can't get the poster board until after the doctor because that store is closer to the doctor and nowhere near the school. Well, I have exactly 1 hour, three minutes, and twenty-six seconds to relax. No wait, if I'm going to see people, that means I have to shower and change into something that doesn't resemble Rocky Balboa in training. After that, I have exactly nine minutes and thirteen seconds to relax…Ready, set, GO! You can reach Laura at lsnyder@lauraonlife.com Or visit her website www.lauraonlife.com for more columns and info about her books.
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Free NOAS Pre Placement Ed classes 5-2 Austintown
Northeast Ohio Adoption Services, (NOAS), invites area singles or couples to free Pre-Placement Education Classes to cover a range of adoption and foster care topics at Hampton Inn-West, 880 N. Canfield-Niles Road, in Austintown. The adoption series will start at 6 pm Friday evening, May 2, and continue that weekend on Saturday and Sunday. Participants can learn more about the needs of children in care of the child welfare system, and learn about the possibilities of becoming an adoptive or foster parent of a school aged child, teen, or sibling group. In Ohio 6,000 children, mostly school aged, are now waiting for a permanent, loving family. Adults over the age of 21 are eligible to adopt through NOAS. Adoptive parents may live in a home, mobile home, apartment, or condo, and they may either own it or rent it. Adoptive parents will need a stable, but not necessarily high, income. Reservations are required by April 25 for the Pre-Placement Education Classes. Please call 1-800-686-6627, ext. 126, for details, to get an information packet by mail, or to reserve your place. Since it was founded in 1978, NOAS has found loving families for over 1,100 children. NOAS does not charge fees to families for adoption. Visit NOAS online at www.noas.com.
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