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Chan, Elaine L. Attorney

Chan, Elaine L. Attorney from San Diego California works as Appeals Lawyers, Banking & Investment Lawyers, Disability Lawyers, and Discrimination & Civil Rights Lawyers. Feel free to contact us at the following contact information.

401 B Street Suite 2400 San Diego California, 92101
[Open in Maps]

(619)696-3500

(619)696-3555

www.swgsgp.com

echan(at)swgsgp.com

Last updated 2023-06-16

Specialties of Chan, Elaine L. Attorney:
  • Appeals Lawyers
  • Banking & Investment Lawyers
  • Disability Lawyers
  • Discrimination & Civil Rights Lawyers
Appeals Lawyers: A challenge to a previous legal determination. An appeal is directed towards a legal power higher than the power making the challenged determination. In most states and the federal system, trial court determinations can be appealed in appeals courts, and appeals court decisions can be appealed in a supreme court. The person pursuing an appeal is called an appellant, while the person defending the lower court’s ruling is the appellee. Appeals can be either discretionary or of right. An appeal of right is one that the higher court must hear, if the losing party demands it, while a discretionary appeal is one that the higher court may, but does not have to, consider. For example, in the federal system, there is an appeal of right from the District Court to the Court of Appeals, but appeals from the Court of Appeals to the Supreme Court are discretionary.
Banking & Investment Lawyers: Despite a changing economy, investment banking and law remain popular career paths for ambitious young people. Both careers offer the chance to make a lot of money right out of school. Moreover, prestige and upward mobility, two additional defining characteristics, attract the best and brightest into both investment banking and law.
Disability Lawyers: Disability law is largely regulated by the Americans with Disabilities Act (ADA) of 1990. This Act prohibits discrimination against individuals with disabilities in employment, housing, education, and access to public services. The ADA defines a disability as any of the following: "a physical or mental impairment that substantially limits one or more of the major life activities of the individual.", "a record of such impairment." or "being regarded as having such an impairment." While alcoholism is included as a disability, other socially undesirable behavior is excluded from the Act. For example, sexual behavior disorders, compulsive gambling, and pyromania are all excluded. The ADA, however, does not list all impairments covered. The ADA further requires that reasonable accomodation be made so as to provide individuals with disabilities equal opportunities. Agenices and departments charged with enforcement of the ADA include the Equal Employment Opportunity Commission (EEOC) and the Department of Justice.
Discrimination & Civil Rights Lawyers: In order for discrimination to trigger the protection of federal law it must be directed against an individual on account of their skin color, race, gender, national origin, disability, age, sexual orientation, religion, or a limited number of other categories. Laws prohibiting discrimination based on race are strongest and have been on the books for the longest period of time. Other categories have been introduced more recently and may be expansive or restrictive depending on the category and context. A combination of legislation and Supreme Court interpretation of existing laws have led to an expansion of civil rights to include groups that were not previously protected. Transgender and homosexual victims were not, at one time, protected by anti-discrimination laws. In addition to extending protection to these individuals; legislative changes now also protect those perceived to belong to one of the enumerated groups by their persecutor. For example, if someone was denied a promotion at their job because they are believed to be homosexual they would now have an actionable claim of discrimination against their employer, even if they are actually heterosexual.

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