New answers tagged united-states
0
Yes, it’s possible
Education is compulsory in Texas for children between the ages of 6 and 18 (unless they have a high school diploma) subject to a number of exemptions that don’t seem applicable.
This can be met by:
attending a public school - which has the problem you identified,
attending a private school - some of these may be offering distance ...
1
You are mostly mistaken.
Prior to the enactment of the STOCK Act in 2012 (as amended in 2013), insider trading by members of Congress based upon information obtained in their official duties was legal.
This is no longer the case, but there is no private cause of action to enforce the STOCK Act. Instead, the principal means by which violations are enforced is ...
0
Can debts that you know for sure will be incurred in the month after
filing (examples may be utility bills, credit card bills, rent), be
included in a bankruptcy petition?
No
Or can debts only up until the date of filing be listed?
Initially, you can only list the debts incurred. Sometimes debts incurred after the filing of a petition will be "...
1
In closing arguments, an attorney should only refer to evidence that was admitted at trial.
In opening arguments, an attorney may refer to evidence that the attorney reasonably believes will be admitted at trial, and if the attorney has grounds to admit the transcript as an exhibit, could do so. If not, the attorney could still reasonable state:
the ...
3
"Occupying the field" refers to a situation in where federal regulation of a matter is "so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it.” Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947). In other words, if the federal government has so comprehensively regulated an industry ...
5
There are a number of areas in which the US states can pass laws only to the extend that they do not conflict with Federal laws passed by Congress. When a federal law clearly says that states may not pass laws on a given subject, the issue is clear. When it specifically invites state laws, the issue is also clear. But when a Federal law imposes certain ...
1
The same as it is for sentient aliens or plants
They don’t exist so they have no legal status. When they do exist, then the law will deal with them.
0
First right from the get go, the court says explicitly "The First Amendment’s protection of boycotts, however, is not unlimited."
That is to say it's going to get nuanced...
In a footnote of the decision you'll find this,
Because “religion” is mentioned only once, and “national origin” and “nationality” are used iterchangeably, the Court construes ...
4
I don't know of any comprehensive list, but several exemptions do exist:
12 U.S. Code § 5514 authorizes the Consumer Finance Protection Bureau to enforce consumer financial law.
15 U.S. Code § 43 authorizes the Federal Trade Commission to prosecute violations of the FTC Act.
15 U.S. Code § 78d–5 authorizes the Securities and Exchange Commission to enforce ...
3
No. As a superior sovereign, the United States can sue states in federal court without restriction. I’m not sure if that would apply in state court, but the federal government doesn’t generally file cases in state court to begin with.
States can also sue each other in federal court, having waived their immunity to lawsuits brought by other states when they ...
0
There is a theory (for California) that FOI type laws might not apply
Gov’t Code § 6254(k) which exempts
Records, the disclosure of which is exempted or prohibited pursuant to
federal or state law, including, but not limited to, provisions of the
Evidence Code relating to privilege.
The theory is embodied in a Cal. Att'y Gen'l opinion that
An elementary ...
1
"Public domain" refers to works that have no copyright protection, generally due to their age. I don't think there's much an argument that this comic is in the public domain.
There are, however, strong arguments supporting the public's the right to access, copy, and redistribute the comic.
Roughly the same question came up in White v. W. Publ'g ...
5
Different people have suggested different things as to what constitutes, "the unitary executive theory". The US Supreme Court is not likely to simply adopt such a theory in general terms. It will, instead, rule on a specific case that comes before it, and state the principles behind that ruling.
There are a number of Supreme Court rulings saying ...
2
The strong version of the unitary executive theory doesn't "allow any President to commit obstruction of justice." Instead, there is no such thing as obstruction of justice under the strong version of the unitary executive theory. Or more precisely, there is no such thing as obstruction of the federal justice system by the US president under the ...
5
"Seila Law" is a law firm, not a law. They were a party in a recent SCOTUS decision, Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S ___, which involved the Consumer Financial Protection Bureau created by Congress, under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The court held that the structure of that law (...
2
The company wouldn't have to put the name of a random person. "AI" is a tool created with the expertise of a data scientist to provide output to a specific class of problems or operate in a specific environment, and further human actions are often required to place the output in context. "AI" is just advanced machine learning methods that ...
2
What you're looking for is a convention, in international law, that governs international aviation, the Chicago Convention on International Civil Aviation. Article 3 says
(a) This Convention shall be applicable only to civil aircraft, and
shall not be applicable to state aircraft.
(b) Aircraft used in military, customs and police services shall be
deemed to ...
13
What interests me, is if the company that will be fulfilling the
"abracadabra" request is able to not provide "hocus pocus" emails
(internally — or later in the litigation, if the truth is uncovered —
justifying it that the team fulfilling the request does not speak the
language and was unaware of the existence of these communications in ...
3
The standard of care to determine documents are accurate varies.
For example, in an ordinary notarized document, notarizing the signature of an imposter will ordinarily only impose liability on the notary for harm caused by the fraudulent imposter signing, if the notary is negligent, i.e. fails to use the reasonable care of a similarly situated notary.
But, ...
6
Court filings are, in general, matters of public record. This does not automatically put them into the public domain. This will mean that, absent a special order of the court, anyone will be able to read this filing as pert of the court records.
Many courts now make all or parts of their records available on the web. But the copyright holders will possibly ...
1
No.
Works made by federal employees, in the course of their official duties, are exempt from copyright under 17 USC 105. That includes opinions written by federal judges, as well as their orders etc., so long as such documents are created in the course of the judge's employment (and not, say, a photograph taken while the judge is on vacation). However, a ...
-9
A boycott of any US company (or US entity doing any kind of commerce) in which one involves others, or is a non-active agent ("supporter"), is illegal in the US by federal law. Period, no question of there being any connection to religious reasons.
Admittedly, it is winked at and certain people have made fortunes organizing boycotts and threatening ...
3
The law on such matters within the US varies from state to state. In general a dog owner is responsible for taking "reasonable" measures to control the dog and prevent harm. What measures are reasonable will depend on the detailed facts. particularly important will be the previous history and actions of the dog. If a dog has a history of attacking ...
1
maryland
Laws on this vary considerably between the various US states. I will give an answer for the state of Maryland.
Under Maryland code section§10–117 it is an offense to knowingly furnish alcohol to a person under 21 for consumption.
Under Maryland code section 10–113 it is an offense for a person to misrepresent age or provide false ID in order to ...
2
When a company sells you things and ships them to you, they are obligated to actually get them to you: they can't say "We gave it to our shipper, it's your responsibility now". The same is true with a return: you have to be sure that the stuff is received. The typical way of doing that is to insure the shipment and get a tracking number, so that if ...
4
In the most likely case No, but you can make it happen!
First - almost every patent is rejected - at first. Then you respond to the office action rejection by arguing and/or amending and - guess what - you are likely to get a final rejection. That means the rejection is final until you pay them more money to file a Request for Continued Examination and get ...
4
In the Vietnam War era case of Cohen v. California 403 U.S. 15, 91 S.Ct. 1780,
29 L.Ed.2d 284 (1971) the US Supreme court held that the use of the word "fuck" in political speech was protected. As the opinion says:
Appellant Paul Robert Cohen was convicted in the Los Angeles Municipal Court of violating that part of California Penal Code § 415 ...
36
An anti-BDS law may be invalid in some circumstances, but this has nothing to do with the establishment clause of the First Amendment.
Boycotting or not boycotting Israel is not an inherently religious question and isn't justified as such.
More often the issues will be pre-emption by a higher level of government's laws, lack of legal authority to enact such ...
1
Generally a patent rejection is binding and final.
An idea that has been disclosed can't be patented without a certain period of time after the disclosure, and the patent application process constitutes such a disclosure. Also, since there is only one patent agency in a country, it will generally honor its previous rulings.
For this reason, the process of ...
71
The other answers have addressed the letter of the question you asked, but I wanted to correct a misconception in your question statement:
... It's bad enough to suffer some horrible side effect, but not even being able to seek compensation is just the last straw.
Note that under the PREP Act, you can seek compensation from the government if you are ...
17
The protection extends until October 1, 2024 and does not depend on when the vaccine becomes fully approved by the FDA.
The official notice of Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID–19 (PDF) was published in the Federal Register Vol. 85, No. 52 for Tuesday, March 17, 2020, on pages ...
8
The relevant law is 42 USC 247d-6d, which says that
a covered person shall be immune from suit and liability under Federal
and State law with respect to all claims for loss caused by, arising
out of, relating to, or resulting from the administration to or the
use by an individual of a covered countermeasure if a declaration
under subsection (b) has been ...
4
Not for unqualified use
This falls under “possession with intent to dispense”.
It’s OK if the first aid kit is for use by:
a practitioner authorised to dispense drugs (a doctor, nurse practitioner, paramedic or pharmacist)
a person registered under the quoted chapter (which can include first-aid officers in remote or isolated locations, like ships)
the ...
0
Convictions are automatic if intelligence is shared, but courts-martial tend to take a dim view of soldiers who succumb to duress. The case of Bowe Bergdahl, a U.S. soldiers captured and tortured by the Taliban, and then convicted in a court martial after he was returned to U.S. forces, is a case in point.
3
You've tagged this as both united-states and european-union, so this answer is about the United States.
Before you can "license" someone to do something, you must first have the legal right to prevent them from doing it. Otherwise, your purported "license" is just a worthless piece of paper (technically, you might be able to sell those ...
3
Anyone can meet with anyone to discuss impeaching POTUS – it happens all the time. Senators are not under any special First Amendment disability that prohibits them from talking on that topic. "Meeting to discuss" sometimes "convening a session to officially debate an action". The House impeaches, the Senate convicts, so Senators do not ...
2
There are some places (CA) that have “sunshine” laws that limit non-public discussions of certain governmental bodies.That does not apply at a federal level. Senators are constantly talking with each other off of the Senate floor.
The constitution lays out some legal, peaceful and democratic ways to make changes in who governs us.
By the way, treason is hard ...
17
This problem seems not to be unique, see this article. Ohio is reported to have about 50 of them. Here is a legal paper on crime-free housing ordinances, and this includes nuisance ordinances which are also used. Somai v. City of Bedford is an example of a successful suit against such an ordinance (settled after an injunction was granted suspending ...
82
This law sounds likely to be unconstitutional and/or invalid because it is pre-empted by state or federal laws.
Among other things it probably violates the First Amendment right to petition the government, and the Fourteenth Amendment right to equal protection of the laws (by depriving people who have had previous police calls of the right to call the police ...
16
Those who attended reported learning that there are some new laws regarding rental properties [...] they make it easier for us to evict problem tenants whose visitors damage our property
These "laws" as described (and with no verifiable references) sound incredibly inept, contravening public policy of any state, and very likely to expose credulous ...
2
First, you cannot seize anything. The courts can, and you can ask the courts to do so for you. So the logic of this is that you operate a website that hosts software that creates something for a user. You could just unconditionally let people use it, you could require a subscription, or you could be like SE and put up a TOS with some conditions, like "...
1
If someone else has a patent, even if you both developed the technology at the same time, that's just bad luck for you: You will need a license to do any of the claims of the patent, even if you invented it yourself.
You could publish your invention before someone else applies for the patent, tell the patent office about it, and the other party might not get ...
2
If he has the taxes withheld from his pay and it covers whatever is owed, he really doesn't have to file a return. If he is due a refund, then he would be stupid not to file and get that back. The IRS may send him a letter at some point asking why he hasn't filed a return. If he has a perfectly good reason he can simply respond and they'll let it go.
I ...
2
Assuming they are OEM licenses then yes they are tied to the machine (specifically the motherboard), so if you bought the machine you can install that licensed version of Windows on to the machine itself. (see here).
Whether you can choose to transfer an OEM license depends on whether it was pre-installed or bought stand alone:
4. Transfer. The ...
8
If you have prepaid all the taxes you will owe for the year, (i.e. so the IRS owes you money once you file), the following fee schedule applies for filing late:
10 days $0
30 days $0
6 months $0
1 year $0
2 years $0
per year after 2: $0
So, the IRS doesn't care. What has happened, in effect,...
answered Jul 20 at 6:14
Harper - Reinstate Monica
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2
While the basic answer has already been given it's worth noting the Constitution says the following about treason:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt ...
0
The court should give you two originals: one to be served, the other to be returned with proof of service attached.
If the court gives you only one original then just ask them whether they need the original or copy to be returned with proof of service, from which you will deduct what to serve.
1
IRS has all those loopholes patched.
if there's a legal flaw in the system that allows you to sell bitcoins through a shell company to avoid paying taxes or to lower the amount of taxes paid on any profit made.
No.
The IRS spends a lot of lawyer time identifying and patching these holes. I once read a wonderful quote from a judge, who said roughly "...
answered Jul 20 at 1:10
Harper - Reinstate Monica
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1
Some context is allowed to help the jury determine what is reasonable. The details of what comes in and what does not to provide context is very fact specific. Realistically, the defendant, at a minimum, gets to discuss his own thought process about what he feels made his actions reasonable which can provide some context of other incidents of which he was ...
0
You have the onus backwards
The IRS has the power to assess your tax liability - you have to prove the assessment wrong.
The auditor thinks something is wrong …
Then the auditor has the power to, and commonly does, substitute their judgement of what is right instead. If that changes your tax liability (up or down), then it’s up to you to prove that you ...
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