Hot answers tagged

57

Can you prevent the government from using your patent? The opposite is actually true. If you patent something, and it is felt to be potentially of national security interest, then they can take your invention for the nation, produce it, and prevent you producing it or sharing the design indefinitely (though it will be reviewed annually). This has happened ...


51

You cannot deny the federal government the right to use your patent, but you can sue them for "recovery of [your] reasonable and entire compensation for such use and manufacture", see 28 USC 1498. Note that the statute refers to such use as being "without license of the owner thereof or lawful right to use or manufacture the same", that is, there is no ...


28

At Will Employment - In General An "at will" employee in the U.S. can be fired at any time for any reason without any prior notice or warning. Outside a union shop or a civil service employment situation, even an illegal reason for firing does not give you the right to be reinstated in your job - instead it gives you a right to sue for money damages. ...


28

Among other stories via Google, some major companies lost a 2015 civil lawsuit brought by their employees: Apple, Google, others settle antipoaching lawsuit for $415 million - CNET Filed by former employees of the companies involved, the lawsuit shed a light on the practice of some major tech industry players of allegedly working together to agree not ...


25

In general, people have less expectation of privacy in cars than in their homes. To challenge a search and/or seizure under the Fourth Amendment, a person must have standing - the right to sue (that is, you must have had a reasonable expectation of privacy in the place where the search happened; if you didn't, no standing - can't claim your privacy was ...


15

Sorry for your loss. It appears that this is generally possible. Texas Code of Criminal Procedure, Title I, Chapter 55, Article 55.011: Art. 55.011. RIGHT OF CLOSE RELATIVE TO SEEK EXPUNCTION ON BEHALF OF DECEASED PERSON. (a) In this article, "close relative of a deceased person" means the grandparent, parent, spouse, or adult brother, sister, ...


14

Read the answers to your previous question. You should not have gone to work anyway. That would have been stupid and irresponsible. You would have endangered the public and would have been liable for being sued and being financially destroyed for the rest of your life. You need to get treatment; find a community clinic or go to the local ER. Failure to do ...


10

The Paris Convention for the Protection of Industrial Property allows countries to issue compulsory licences when patent holders abuse their patent rights. This specifically includes preventing the use of the invention or unduly limiting it's use. (2) Each country of the Union shall have the right to take legislative measures providing for the grant of ...


8

The U. S. Supreme Court ruled in 1869 that states may not unilaterally secede. The state litigant in the case was Texas. See https://en.wikipedia.org/wiki/Texas_v._White


8

Generally you can back-date the effective date of a contract. Texas does not have any specific laws that prohibit it and in contracts law, this concept is called the "relation back" theory of contract effectiveness. See Grubb & Ellis Co. v. Bradley Real Est. Trust, 909 F.2d 1050, 1054 (7th Cir. 1990) for an explanation that back dating violates no ...


8

You will probably have been presented with a form mentioning "Texas Food Establishment Rules (TFER) Section: §228.35", which requires you to report symptoms and diagnoses which include Salmonella Typhi. That does not guarantee that you actually got such a form or that you remember signing it, but theoretically you did. The regulations are given here and here....


7

Landlord-tenant law is an area that is heavily statute-based, jurisdiction-dependent, and far from uniform across the country. A complex, specific, multi-part question like this one is not going to get a simple answer. In general, though, I can clear up some of the confusion with a quick example. Let's say you abandon your lease, but as you do so, you ...


7

The potential problem is if there is a form which you had to sign which says "I am a US citizen", and you signed the form (who reads the fine print, anyhow?). Unfortunately, that statement is false, and there are consequences for making a false statement. However, that law penalizes false statements with the intent to deceive, not mistaken statements. ...


7

Answering the question title, a Texas law enforcement officer can certainly make arrests in Louisiana these days under the right circumstances (I'm not about to look up the laws as of 1934). For starters, Louisiana law grants any person the authority to make an arrest when the person being arrested has committed a felony, whether or not that felony was ...


6

This happened despite the fact that the marriage and Bible verses requirement were almost surely illegal and similar things have happened on and off, mostly in rural courts with non-attorney judges, for pretty much as long as the U.S. has been a country (and earlier). The trick is that the orders take effect unless someone appeals them, and since deals ...


6

Private carriers typically (and UPS in particular) only have a contractual obligation to the person who pays to send the package. Unless you're the one directly paying UPS to deliver the package you have no legal recourse because you're not a party to the "contract of carriage." It does seem like you're suffering due to contractual and operational failures ...


6

It is not legal for an employer to discriminate on the basis of sex anywhere in the US (see http://www.eeoc.gov/laws/types/sex.cfm). Exemptions exist where the discrimination is for bona fide occupational qualifications and, irrelevantly, religious reasons. It is completely legal for a consumer to discriminate on the basis of anything they want to. It is ...


6

If there is no reasonable suspicion of a crime having been committed or about to be committed, then there is no reason to seize you, and the Fourth Amendment "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". Even if a state has a "stop and identify" statute, ...


6

The rink is private property; they can let who they like in, and they can refuse entry to who they like. They can ban you for any or no reason. (The only exception to this is that they can't refuse entry because of some protected characteristic like race or gender.) The owner doesn't have to personally issue a ban; any person they authorize can do so. (...


5

Texas and California are actually what are called Presumed Speeding states, unlike most others which are Absolute Speeding states. (There is a little known third category called Basic, but this is uncommon). In a presumed speeding state, a speed-limit violation offers someone in your shoes far more flexibility in building your defense than the more common ...


5

According to a blog post (written by a lawyer who actually has had multiple people ask about that), it depends on several things. The gist is that they're not getting away with this "brilliant plan" unless they take so many steps to make it look legitimate that it will, in fact, become a legitimate porn production enterprise — in which case, why bother ...


5

The difference in their treatment is because of the asymmetry in the law. There are "wiretapping" laws pertaining to interception of voice communication, which do not include photographic recording. It is generally illegal to "intercept" an oral, wire or electronic communication (direct conversation, literal wire tap, or listening in on wireless speech): ...


5

In all likelihood, the judge's order related to data collection and reselling is not legally enforceable. They weren't parties to the expungement action, so the judge doesn't have jurisdiction over them. And, the First Amendment protects the right to say truthful things pretty absolutely. Arguably, if the sites provided the information without making clear ...


5

Texas is an "at will" employment state; the question is whether there is an exception in case the employer tells you to do something illegal. These guys (trying to drum up business) indicate why it may not be legal to fire you for obeying the law, based on Sabine Pilot Services, Inc. v. Hauck, 687 S.W.2d 733, where the Texas Supreme Court ruled that an ...


5

No, the minor cannot be in violation either being on the property of residence or the sidewalk in front of that property. Montgomery County Curfew Law: Section 1-2 (Offenses): (a) A minor commits an offense if he remains in any public place or on the premises of any establishment within the unincorporated areas of the county during curfew hours. ...


5

They are probably not required to provide online access at all. They are probably required to provide some sort of written statement, unless you have waived that in favor of online or electronic versions. The exact requirements will vary in different jurisdictions.


4

In California, UPL has a flexible definition and is analyzed situationally, as is the formation of an attorney-client relationship. The shorthand definition for UPL is usually given as something like "doing what lawyers do." When your "help" goes beyond "studying law" and begins to deal with applying that law to a particular legal matter, you're definitely ...


4

Call, write, or visit the office of your legislative representative. This page can help you figure out who that is. They have the ability to introduce a bill into the legislature that would change the law, and that's the best way to change a law like what you're trying to do here. Be sure to tell the legislator exactly what you think should be changed (...


4

Generally, contract terms and conditions must be legible, especially when one is trying to enforce the contract. If the court cannot read the contract as written, it can create its own reasonable terms. According to JD Supra(this is not for a rental lease, but a business opportunity contract): In one instance, a Texas business opportunity contract must ...


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