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41 votes

Does Texas have standing to litigate against other States' election results?

UPDATE: There is now a definitive answer. There Is No Binding Judicial Precedent Adjudicating The Key Standing Issues Raised That Are Factually Squarely On Point This is a novel argument. To my ...
ohwilleke's user avatar
  • 218k
40 votes

Why do corporate mergers require the approval of foreign governments?

When American companies do business on a multi-national basis, they have to comply with the business regulations in all of the countries where they do business. Anti-trust regulations are among those ...
ohwilleke's user avatar
  • 218k
37 votes

Can teachers search our dorms without our explicit consent if they have "suspicion"?

A private school in the US is not bound by the 4th Amendment requirement for searches to be "reasonable", just as parents do not need a search warrant to search your room. Instead, ...
user6726's user avatar
  • 215k
36 votes
Accepted

Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?

This case was filed in federal court under diversity jurisdiction, meaning that it’s a lawsuit between citizens of different states. In most cases, diversity jurisdiction requires “complete” diversity:...
cpast's user avatar
  • 23.9k
36 votes

Why are the Lion Air and Ethiopian Airlines crashes being litigated in the US?

The news article here refers back to a Deferred Prosecution Agreement from 2021, between the US Department of Justice and Boeing. The fresh statement from the DoJ is to the effect that if Boeing has ...
alexg's user avatar
  • 6,765
30 votes

Does a US city have the legal power to stop spam mail?

No. The federal government has essentially exclusive jurisdiction over the question of what may or may not be sent through USPS. Pensacola Tel. Co. v. West., Etc. Tel. Co., 96 U.S. 1, 9 (1877) (“It is ...
bdb484's user avatar
  • 60.4k
29 votes
Accepted

If I've been prosecuted for a crime by another country can the US prosecute me for the same crime afterwards?

You can be prosecuted for the crime in the U.S., both at the federal level and at the U.S. state level (or both), completely without regard to what happened in the criminal justice process elsewhere. ...
ohwilleke's user avatar
  • 218k
28 votes
Accepted

Order of precedence in cases where more than one nation has an interest?

DUI is a crime under Massachusetts law so Kurt would be prosecuted there by that state. Germany would offer consular assistance but this would not extend to preparing or paying for his defence. If ...
Dale M's user avatar
  • 211k
22 votes

Why can't I add a governing law to my terms of service to avoid GDPR?

However, if a website is based in the US and the terms of service say that the law governing the terms is US law, how can GDPR have any affect? It is unlikely that the EU will be able to enforce ...
phoog's user avatar
  • 37.5k
21 votes

Why do corporate mergers require the approval of foreign governments?

The answer is that corporate mergers do not require the approval of foreign governments. If two American companies decide to merge, no other government can prevent it. But they can prevent the ...
Mike Scott's user avatar
  • 1,432
21 votes

Why are the Lion Air and Ethiopian Airlines crashes being litigated in the US?

Why is the US Justice Department in a position to offer protection from prosecution to Boeing for events that occurred in Indonesia and Kenya? Because the prosecution concerns an alleged crime that ...
phoog's user avatar
  • 37.5k
20 votes
Accepted

In the USA what state's laws do I have to abide by when rafting on a river boundary?

In most cases, the state boundary line controls. For example, Kentucky owns the Ohio River along its border with Ohio, Indiana, and Illinois. In essence, the boundary between Kentucky and these three ...
ohwilleke's user avatar
  • 218k
20 votes

Can teachers search our dorms without our explicit consent if they have "suspicion"?

in some cases underwear and other things were missing. This is a bigger problem than merely entering dorms. Theft is unambiguously a crime. Additionally, theft of underwear, especially from underage ...
Graham's user avatar
  • 2,779
20 votes

Does a WIPO patent supersede a US patent?

Does a WIPO patent supersede a US patent? No. This question is based upon a false premise. The distinction between a WIPO patent and a U.S. patent is a category error. There are WIPO patent ...
ohwilleke's user avatar
  • 218k
18 votes

Why was the Dominion v. Fox case tried in Delaware?

The defendant Fox corporation (there are a variety of affiliated or formerly affiliated companies with very similar names) is organized under the laws of Delaware so lawsuits related to its activities ...
ohwilleke's user avatar
  • 218k
18 votes

Jurisdiction over FDA

Article III of the United States Constitution vests the nation's judicial power -- which includes the authority to hear "all cases, in law and equity, arising under ... the laws of the United ...
bdb484's user avatar
  • 60.4k
17 votes

To what extent are England and Wales one completely wedded jurisdiction?

What Do England And Wales Share Legally? Why are they so closely associated with each other as to have just one tag on the site, but Northern Ireland and Scotland each seem to be their own worlds? ...
ohwilleke's user avatar
  • 218k
16 votes
Accepted

What is the jurisdiction of the Khashoggi murder case?

According to Wikipedia's article Diplomatic Mission: Contrary to popular belief, most diplomatic missions do not enjoy full extraterritorial status and – in those cases – are not sovereign territory ...
David Siegel's user avatar
16 votes

Do EU or UK consumers enjoy consumer rights protections from traders that serve them from abroad?

In theory, what Dale says. However, in practice: Nope, and that's why the trader is in Timbuktu. And I apologize profusely to the Malian people, I have every reason to think it is a fine country in ...
Harper - Reinstate Monica's user avatar
15 votes

Minimum penalty for extradition makes no sense?

You might be misreading the extradition criterion The UK–USA extradition treaty has an example of the clause you're asking about: An offense shall be an extraditable offense if the conduct on which ...
Jen's user avatar
  • 57.4k
12 votes

Could someone who participated in a legal execution in the USA be arrested for murder in France?

I said this in a comment, but I'll put it in an answer. When France forcibly confines an American, the United States is entitled to ask France, "what the hell do you think you're doing, trying to ...
cpast's user avatar
  • 23.9k
12 votes

Why can't I add a governing law to my terms of service to avoid GDPR?

What you are asking for is, in effect, an "opt out" clause. It might be framed in terms of choice of governing law, but effectively it seeks to opt you out of EU consumer protection laws. Not ...
Stilez's user avatar
  • 3,189
12 votes
Accepted

Governing law clauses with parties in different countries

This is not illegal if the transaction has any relationship to the foreign country (this limitation is called the minimum contacts test). These agreements called choice of law or forum selection ...
ohwilleke's user avatar
  • 218k
12 votes

Does a WIPO patent supersede a US patent?

To supplement an existing very good answer - patents give the owner the right to try to stop manufacturing, selling, offering for sale, importing and using the item in the jurisdiction that issued the ...
George White's user avatar
  • 12.8k
11 votes

Is standing required in traffic court cases when the accused raises the interest?

No. The true accuser is the state and the state always has standing to enforce its laws. This is an injury in fact. The judge would laugh at you and probably then double the fine for your insolence. ...
ohwilleke's user avatar
  • 218k
11 votes

Does a US city have the legal power to stop spam mail?

No australia Local government powers are spelled out in the relevant acts of the relevant state or territory governments. AFAIK, none have given them the power to regulate post. In theory, a state ...
Dale M's user avatar
  • 211k
10 votes

Source of Supreme Court's authority to overrule prior Supreme Court decisions

The general rule is that a governmental institution cannot bind future versions of itself. Thus a legislature can pass a law, but a later session of that same legislature can amend or repeal it, and ...
David Siegel's user avatar
10 votes

Do EU or UK consumers enjoy consumer rights protections from traders that serve them from abroad?

Yes The Consumer Rights Act 2015 applies to most contracts between traders and consumers that are subject to the jurisdiction of English and Welsh, Scottish, or Northern Irish courts. All this ...
Dale M's user avatar
  • 211k
9 votes
Accepted

Floating drug laboratory in international waters

The relevant law is the United Nations Convention on the Law of the Sea, to which both the Philippines and China are signatories. With very few exceptions, the only country with jurisdiction over a ...
Mark's user avatar
  • 6,392

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