New answers tagged

1 vote

Which part of the Constitution was cited in Jacobson v. Williams?

It appears you're asking about Jacobson v. Massachusetts. The Supreme Court concluded that the state's vaccine-or-forfeiture statute was a valid exercise of its police power under the Tenth Amendment, ...
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2 votes

Event waiver needed?

does an event organizer have liability in such cases by virtue of having organized and implemented the event? Potentially yes. Both a liability waiver and an indemnification clause that would require ...
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0 votes

What is the jurisdiction for an ordinary suit for an unpaid business debt, the creditor or debtor state?

Short Answer In the absence of additional jurisdiction establishing facts like a choice of forum clause in the contract or in person negotiations in Maine, the Maine seller would probably have to sue ...
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1 vote

Do I need to present a GDPR banner to IP addresses outside of GDPR regions?

Depends on your own location The first question is about your own location. If you (as a data controller or processor) are located within EU, then GDPR applies for any and all processing of personal ...
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12 votes

Do I need to present a GDPR banner to IP addresses outside of GDPR regions?

The answer by user Someone is correct, the GDPR applies to data associated with anyone physically in the EU, UK, or other places with a GDPR law. The comment quoted in the question is incorrect on ...
24 votes

Do I need to present a GDPR banner to IP addresses outside of GDPR regions?

Your VPN scenario is why you have to show the banner to everyone. If you somehow knew beyond any doubt that someone was not in the EU, then you would not have to show a banner, but because you can't ...
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3 votes

Probate vs Non-Probate Assets for Wills

You could read this page. The main point is that probate assets are those owned individually by the decedent, and do not have a survivorship right or named beneficiary. Non-probate assets are those ...
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6 votes
Accepted

Probate vs Non-Probate Assets for Wills

I believe non-probate assets are specific gifts you call out -- in the Will -- that are designated for specific beneficiaries. Little Jimmy gets the old pair of lucky Yankees socks, Little Suzie gets ...
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2 votes

Does the right of the people peaceably to assemble apply to peaceful members of a group that partially becomes violent?

It depends on the circumstances. The police cannot order people to stop protesting, but they can order people to stop rioting. One extreme, which the courts have never imposed on law enforcement, ...
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30 votes
Accepted

Are the Quotations in a Book of Quotations Copyrighted?

The copyright on the book of quotations protects the collection. That is, it protects the author's choice of which quotations to include, and of what order to list them in. It also covers any ...
12 votes
Accepted

Can I share a copy of Adobe Standalone Flash Player?

No. Copyright does not have exemptions for obsolete works, use with credit, or non-commercial use. Depending on the purpose for the distribution, this could be fair use, but it is unlikely that a ...
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3 votes
Accepted

Stop sign hidden by tree

This depends on the law of the specific jurisdiction, but there is non-trivial similarity in those rules across the US. The general rule is that the person who owns the property must maintain the ...
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4 votes

Made in USA (or made in IL)

It is unlikely you can call this "Made in USA." The standard for marking a product as USA is that "all or virtually all" of it be made in the U.S. This is different for markings ...
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3 votes

If one purchases a machine and software that has no EULA, etc, can said person legally alter the code of the program purchased?

Recall the basic principle of copyright law, as detailed in 17 USC 106: The copyright holder has the exclusive right to make copies; prepare derivative works; or distribute copies by sale, rental, ...
2 votes

Is it illegal for someone with a duty of care to not act on questionable information?

The authorities, if they are some form of law enforcement (sheriff, park rangers, etc.) have no duty to rescue unless they were the ones who put you in peril, for example, by detaining you in a patrol ...
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1 vote
Accepted

Understanding which inherited assets are taxed in NY

Death Taxes State And Federal Estate Taxes Certain taxes are due because someone dies, which are somewhat pejoratively called "death taxes". Inheritances taxes are imposed on the value of ...
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2 votes
Accepted

Signing, witnessing and filing requirements of a Last Will & Testament in NY

You are misunderstanding the requirements. A will is not required to be notarized in New York State to be valid, and a will is not required to be filed prior to the death of the person writing it in ...
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2 votes

Alice's restaurant profiteering from those with allergies

Anti-profiteering laws provide circumstances under which you can not increase your prices, but they do not prevent you from setting high prices in advance of those circumstances. For example, if you ...
2 votes

Alice's restaurant profiteering from those with allergies

A very important detail which you failed to include in your question is that you expected the price to rise linearly with the more expensive ingredients. So you're suggesting that a gluten-free pie ...
2 votes

Can Congress enforce an overturned Supreme Court decision?

A court has jurisdiction to impose judgments upon the parties to cases before it. Higher-court judges generally publish advice on the principles they will use when reaching their decisions, so that ...
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-1 votes

Can Congress enforce an overturned Supreme Court decision?

The method by which Congress can overturn a SCOTUS decision is to amend the Constitution, which requires a good number of state legislatures to come to agreement. An amendment to recognize the right ...
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4 votes
Accepted

Can a director of a for-profit corporation be unpaid, or paid a nominal salary?

A member of the board of directors of a corporation does not have to be paid, and can likewise be paid only a nominal amount. Members of the board of directors in closely held companies are rarely ...
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7 votes

Is there anything illegal about working for another party while on paid leave from one's job?

poland In Poland, the labour courts have rules that limiting one's employment is illegal save for very specific situations, and even a non-compete clause cannot be too broad as to limit one's capacity ...
10 votes

Is there anything illegal about working for another party while on paid leave from one's job?

france It is forbidden for a private sector employee to work for another party while on pay leave, unless it's volunteer work (i.e. unpaid). Article D3141-2 - Code du travail Le salarié qui accomplit ...
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3 votes

Can Congress enforce an overturned Supreme Court decision?

Overview The question reads: I was under the impression that Congress couldn't overturn a Supreme Court decision on a Constitutional question That is, in general, correct. The overturning Dobbs ...
9 votes

Is releasing this company's documents illegal?

Is releasing this company's documents illegal? Yes. I run a website where I sell materials for students interested in finance, law and consulting. My website contains case studies from actual ...
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6 votes

Is there anything illegal about working for another party while on paid leave from one's job?

South Africa Because there are a slew of labour laws governing full time employees a person is only allowed one full time job. There is UIF (Unemployment Insurance Fund ) which is mandatory goverment ...
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2 votes

Liability for the honest but mistaken actions of others

No A doesn’t owe a duty of care to B so there is no basis for any liability. Nor has any act or omission of A injured B.
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21 votes

Is there anything illegal about working for another party while on paid leave from one's job?

switzerland (and probably most of Europe) This can be a breach of work laws, and is only allowed under certain conditions The law (in particular OR 329a) states that any employee has the right for at ...
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36 votes
Accepted

Is there anything illegal about working for another party while on paid leave from one's job?

In general, in the US, Bob may do this. If the second company is a competitor of the first and Bob has access to confidential information from his first employer, then there could be an issue. Some ...
12 votes

Is there anything illegal about working for another party while on paid leave from one's job?

People are allowed to work multiple jobs Unless they enter a contract agreeing not to.
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59 votes

Can Congress enforce an overturned Supreme Court decision?

They can't overturn the decision; but they don't have to. The holding in Dobbs was that the US Constitution does not provide a right to an abortion, and so a state law prohibiting abortions is not ...
21 votes

Alice's restaurant profiteering from those with allergies

Alice replies that the higher price of the gluten-free bases is not the only related cost facing her business. There is also the cost of seeking out additional reputable, high-quality suppliers, of ...
39 votes

Alice's restaurant profiteering from those with allergies

Is she committing unlawful discrimination or otherwise behaving in an unlawful manner? No. She would be — if she was saying like "customers with Celiac disease pay £14, others £10". But ...
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23 votes

Alice's restaurant profiteering from those with allergies

united-states The courts have shown a willingness to apply the ADA to celiac disease (e.g., Colonial Williamsburg lost a lawsuit when sued for disallowing a guest to bring their own gluten-free food), ...
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7 votes
Accepted

Are tow truck drivers allowed to be armed while working?

Tow truck drivers in general might be allowed to carry firearms if they have a concealed weapons license, but the shooter in the case at hand wasn't merely a tow truck driver. He was actually ...
0 votes

Are tow truck drivers allowed to be armed while working?

Open carry in public is illegal for everyone in Florida. Concealed carry is allowed if you have a concealed weapons license. There is an age requirement (21 years old) and a required firearms training ...
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3 votes

Is it legal to lie about race on college applications

Yes it’s illegal, but … First, we will deal with the easy bit: if you knowingly employ deception (stating something on the application that you don’t believe is true) in order to receive an advantage (...
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53 votes

Is releasing this company's documents illegal?

Given the clarification provided in the comments to the question, the company has a copyright in the material and as such is legally entitled to demand that you cease using it.
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5 votes

Is releasing this company's documents illegal?

You're not required by law to take anything down until the court orders you to do so. Their legal department will probably write you a letter detailing the legal theory behind their demand, at which ...
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1 vote

Can you use deadly force in self defense when you could likely appease the attacker by deleting a video of a crime they committed?

Merely the threat under no circumstances give rise to deadly force under the construction of the affirmative defenses of self-defense and necessity in the U.S., and no manifest action or circumstance ...
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3 votes

Is it legal to lie about race on college applications

It's probably legal. This is not a sworn statement subject to perjury prosecution. Even if you can make the case that the statement is knowingly false, there is ample evidence (from colleges) that ...
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1 vote

Question Regarding Extent of Presidential Power, the Take Care Clause, and "Unitary" Executive Theory/ Executive Power

This is a developing area of law and there really aren't clear answers. Historically, the courts have largely taken the position that when Congress says something, such as delegating enforcement power ...
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2 votes

Can you safely do anything without infringing patents?

It seems like anything non-obvious can be patented, and even private use of patented processes is illegal. Can you do anything with assurance that you aren't infringing a patent? Only buy other ...
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1 vote

Trying to find a payday loan scam contract

A Google search using payday loan scams in "usa" "first nation" gave me this: Charles Hallinan nicknamed "The Godfather of Payday Lending" is a convicted felon and the ...
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1 vote

Trying to find a payday loan scam contract

Could it be American Web Loan? “American Web Loan claimed it could charge sky-high rates because it was owned by a Native tribe, the Otoe-Missouria. The tribe’s sovereign status meant that the ...
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6 votes
Accepted

Can a Web site owner prohibit men from accessing a site for religious reasons?

That depends what is meant by "not allow". Such a blog author could certainly include a statement that the blog was intended only for female readers. That would not be enforceable. She could ...
3 votes

Can a Web site owner prohibit men from accessing a site for religious reasons?

At least w.r.t. federal law, they can. Although there are laws against discrimination in public accommodations (Title II of the Civil Rights Act), sex is not a protected category. So we don't have to ...
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2 votes

What are the further implications of Judge Cannon's order for DOJ not to investigate seized documents?

The order is here. The pertinent part is that The Government is TEMPORARILY ENJOINED from further review and use of any of the materials seized from Plaintiff’s residence on August 8, 2022, for ...
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-1 votes

Can you safely do anything without infringing patents?

To get a patent, something doesn't just have to be non-obvious to you and me, it has to be non-obvious to someone who is an expert in that area. Your method of typing faster may be non-obvious to me ...

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