28

No, abuse of power is not necessarily criminal Imagine a judge that is “heightist” - they always rule in favor of defendants who are taller than 175cm and always rule against those who are shorter irrespective of the merits of the case. This is clearly an abuse of power. It’s not illegal because “height” is not a category protected from discrimination (...


19

First, this issue doesn't come up for people on active duty. 10 U.S. Code § 973 forbids active-duty military officers from holding or exercising the functions of an elective federal office; DoDD 1344.10 extends that to all active-duty personnel. Both the law and the directive also apply to reservists or retirees on long-term active duty (more than 270 ...


18

The point is that an act need not be a crime for which the actor could be convicted in criminal court for it to qualify as an impeachable "high crime or misdemeanor." So, abuse of power isn't necessarily criminal of itself, but even a specific abuse of power that is not criminal may be impeachable, Alan Dershowitz's arguments to the contrary notwithstanding....


13

No, abuse of power is not necessarily criminal because abuse of power is a moral construct and something being criminal is a legalistic one. And that the law and morals are only loosely related to each other has been shown time and time again. However, a lot of specific types of "abuse of power" have been made illegal due to the fact that ideally law is ...


7

In general, you can be banned from a private business for any or no reason, unless it is because of something not allowed by US law or state law (in the state where the mall is located) such as race, nationality, sexual orientation, etc.


5

The President of the United States is not ordinarily the Commander in Chief (CiC) of the Hawaiian National Guard (HNG). Unless mobilized by the President, the Hawaiian National Gueards CiC is the current governor of Hawaii, and at present, she does not have to take orders from Trump. With that said, the DOD and HNG would likely work out special ...


5

High Crimes and Misdemeanors (the bigger category from which Abuse of Power was derived) was historically meant as a catch-all for any actions that could cause a peasant to believe that the monarchy was not morally/intellectually superior to the peasantry, and thus question the concept of Divine Right in early times, and the justification of the State and ...


5

This is manslaughter of the vehicular variety Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:... (c) Vehicular— (1) ... driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence. This is what they call a wobbler, and could be ...


4

When a company stops existing for whatever reason, then its assets (physical, financial, intellectual or otherwise) don't stop existing. When the company dissolves voluntarily, those assets usually go to the owner(s) of the company. When the company got bought up and integrated into another company, the buying company will usually own them. When the company ...


3

"Over-The-Air" or "Broadcast" television refers to Television that is propogated from a broadcast television over Radio Waves between 52 and 600 MHZ which puts this in the very high frequency (VHF) and Ultra High Frequency (UHF) spectrums and are line of sight propagation (typically placing the signal at 40-60 miles from the broadcast tower. Legally ...


2

It is more complicated. From Wikipedia “The United States has income tax treaties with over 65 countries. These treaties reduce the chance of double taxation by allowing each country to fully tax its citizens and residents and reducing the amount the other country can tax them. Generally the treaties provide for reduced rates of tax on investment income ...


2

It is not binding in the sense that a contract term is binding and enforceable, but it has potential legal power. It possibly represents a factual claim, and factual claims in advertising cannot be deceptive. Since there is no legal standard (contrast with USDA standards for "organic"), the proof required to establish deceptiveness is less clear. For ...


2

You can call any position an internship without a school being involved. However you need to pay them. An unpaid internship at a for profit organization is only possible if it earns some kind of school credit for the intern.


2

Is the insurance company at fault for Bob stealing Alice's identity? The company will certainly be required to have security measures - outlined by local, state laws, as well as federal laws - in place to prevent data theft, contracts signed by employees that require they keep data secure, and company insurance for when data leaks or thefts happen. The ...


1

Assuming the book does not disclose any classified information, there's nothing the White House can do. Even if it does disclose classified information, there's very little the White House can do. The First Amendment to the US Constitution is quite clear about freedom of the press, and various recent Supreme Court rulings have strongly backed that. The ...


1

I believe it would be useful to clarify some things first: There is no concept of "alien entities" in tax law (and by "tax" I mean specifically US federal income tax - as opposed, for example, to US federal estate tax or state and local tax law). For individuals, there are two tax categories: citizen or alien. Alien individuals are subdivided into resident ...


1

I suspect that the second "if" is subordinate to the first "if," so it only applies to people with more than one citizenship. I think it should say: If you are not a resident in any country in which you have citizenship, enter the country of citizenship where you were most recently a resident. (Added text in italics) In other words, the sentence helps ...


1

Both parties have to abide by state law, which supercedes anything in the lease. If your lease requires X and the law forbids X, X is forbidden. If the lease fails to permit X but state law allows X, X is permitted. If the lease forbids X and state law does not forbid or mandate X, X is forbidden. So even if the lease does not specifically allow eviction, ...


1

Given most websites only register nicknames and records declared identity based on faith: I just question who's banned? Is it the nickname that is banned? Is i the IP address that is banned? How would website prove that it is same person registering a new account? Video platforms and most websites don't even check that the person or action of clicking ...


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