New answers tagged united-states
0
People don't have to believe Alex Jones and Infowars to find the content entertaining. My boyfriend enjoys Jones because he likes watching the man's crazy antics as he defends that chemicals in the water "turn the freakin' frogs gay". There's also the case that, on that matter, Jones is right for the wrong reasons: Frogs are especially ...
2
The ruling that allows the ban on child pornography is based on two SCOTUS decisions: Miller v. Califorina, which legally defined "obscene" and declared obscenities to be beyond the protection of the First Amendment (just an fyi, the definition includes that the material is lacking in "serious scientific, literary, artistic, or political ...
0
Under DMCA law, is there a legal obligation for Twitter to positively attain the identity of the order's issuer before acting upon it?
No. In fact, there is a reverse onus: Twitter must take every DCMA application at face value if they are to benefit from the protections in the DMCA.
Can they be liable for enforcing false DMCA orders as if they themselves ...
1
Overview
If the visual depiction(s) involved, or any of them or any communication concerning them, or any component of them has been transmitted by the US mail, or in interstate or foreign commerce, or by a facility affecting such commerce, or a person involved has traveled in interstate or foreign commerce as part of the offense then these laws may apply, ...
1
Copyright infringement
Copyright protects the "look and feel" of an artistic work.
For example, in Elwood Clothing Pty Ltd v Cotton On Clothing Pty Ltd [2008] FCAFC 197 the full bench of the Federal court found that this:
was a unauthorised derivative of this:
even though that actually share no individual elements.
5
No.
The conduct described would be illegal quid pro quo sexual harassment (whether or not the subordinate was promoted), for which a civil lawsuit by the subordinate for money damages would be authorized.
But it is not the crime of sexual assault (a.k.a. rape). This is because the subordinate consented to have sex, and an economic inducement to have sex, or ...
0
Sex in exchange for "consideration" (something of value) is illegal in most of the United States, but not in Nevada (subject to county-size limitations). Sex with consent when with a legally competent person is not rape (this excludes minors and those mentally incapable of giving consent), so at best it would be breach of contract, except that ...
55
Overview
Under Near v. Minnesota it is very hard to "legally restrict" any publication in the US. The "Banned books" linked to in the question have, in some cases, been removed from particular school curricula or from library collections. A few have been challenged as obscene, but none of them are unavailable to the general public at this ...
0
Generally, distinct art styles are not copyrighted in and of themselves. Even when they have a unique look to the product, copying them to evoke that product's aesthetic is not in and of itself illegal and when it is in violation, could be met with an affirmative defense of "Fair Use" which protects derivative works that are transformative in ...
-4
If the police came and took my phone away, and nothing else, technically (not legally) I would be in the same situation as if a robber took my phone away. With my setup, if a robber took my phone, I would go to the nearest computer and lock and erase my phone remotely, go to my phone provider to get a new SIM card, go to the phone store and buy a new phone, ...
2
The jury should draw correct conclusions from what they hear in court. If they draw incorrect conclusions, I don't think that would be illegal, but it would mean that justice might not be done.
If a juror says "It doesn't make sense for Hall to plead the 5th if Chauvin killed Floyd? The only thing he could be hiding is his own involvement in Floyd's ...
21
None of those books listed in the link you include are legally banned in the USA at present. They are referred to as banned because they aren't or weren't allowed in schools or libraries, or they have been withdrawn from print voluntarily by the publisher. Therefore quoting or referring to any of those books would carry no legal consequences outside any ...
6
What's the reality?
There is great diversity in how arbitration proceedings are conducted (as another answer notes, there are also lots of forms of ADR, especially mediation, that don't involve testimony at all).
It isn't unusual for testimony that is sworn, or made under penalty of perjury to be used in arbitration, although it is not a universal practice. ...
10
RCW 7.04A.170 states that "An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths", also "All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a ...
-1
Yes. It is the witness's oath, not the nature of the proceeding, that puts the liar at risk of perjury. So while a lying witness in a criminal trial could face perjury charges, a lying attorney could not.
Witnesses in arbitration proceedings are generally placed under oath, basically the same as if they were in court, in a deposition, or signing an affidavit....
4
No. The bill would not apply yet to Trump, and it likely violates the First Amendment.
SB 7072's deplatforming provisions would not apply to Trump yet.
SB 7072 prohibits social media platforms from deplatforming most candidates for public office during the period between their qualification as a candidate and the date the candidacy ends. "Deplatforming&...
8
FERPA protects the privacy of students' records, irrespective of their age or grade level. Age is generally only relevant in determining who can assert those privacy rights.
When you enter school at age 5 or whatever, your parents make your privacy decisions for you. When you turn 18, you become an "eligible student," i.e., eligible to assert or ...
5
Assuming that the police have a warrant to seize your cell phone, the scope of what can be seized is specified in the warrant. It is not automatic that seizing a phone entails seizure of some or all online accounts (e.g. automatic backups, collections of passwords in a Google account) and it does not automatically "freeze" or block a person's ...
19
tl;dr Spouse before adult child. Patient’s designated surrogate, and court appointed guardian, before both.
Assuming your mom does not have an advanced directive or has not designated a proxy, then her husband would come before you. He can ask whoever he wants and in fact he should get the information he can to determine what she would want. The standard is ...
4
One of four people can make the decision in most jurisdictions:
The patient themselves, if they are of sound and reasonable mind
The patient's next of kin, if the patient is not able to make the decision themselves
The patients enduring power of attorney for health, and they can override the next of kin's decision on this
The doctor themselves, if they ...
1
Yellowstone is part of the National Park Service. Parts of it are located in Idaho, Montana and Wyoming.
The rules concerning firearms on National Park Service properties are set forth at the National Park Service website. Some key excerpts from this are as follows:
In areas administered by the National Park Service, an individual can
possess a firearm if ...
1
As was pointed out, should/should not has a legal meaning of "we advise" and if the situation of using a gun to defend against wild life was in fact illegal, the phrase "May Not" or "Shall Not" which in legal matters, parse a lot stronger as to the illegal nature of the action than "Should Not", which tends to parse as ...
10
No
The bill does not apply to Donald Trump.
Trump is neither a "journalistic enterprise," nor a political candidate:
A social media platform may not willfully deplatform a candidate for office who is known by the social media platform to be a candidate, beginning on the date of qualification and ending on the date of the election or the date the ...
1
In the U.S. (as well as most Common Law jurisdictions the world over) there is no "Duty To Rescue" that is universal to all cases. Such a duty only arises under certain conditions specific to the nature of the incident and include:
When the person creates a hazardous situation (I.E. In a car accident, regardless of fault, both drivers have a duty ...
0
To stay with your example: The legal situation in Germany.
Section § 323c of the German Criminal Code (StGB) covers your examples.
Failure to render assistance; obstruction of persons rendering
assistance
(1) Whoever fails to render assistance in case of misfortune or common
danger or distress, although this is necessary and can be reasonably
expected of ...
29
Trump is not a candidate
The law regulates certain activities by large social media platforms (defined) and declares certain activities to be an "unfair or deceptive act or practice", which is already illegal Fla. Stat. 501.204 and analogous laws exist throughout the US. The key provisions of this law are that standards for censorship (defined), ...
-1
No, but Yes.
So what the bill does is fine a social media platform opperating in the State of Florida (Legally speaking having an internet presences in Florida counts) $100,000 per day per instance. The Social Media platform does not need to comply with the rule if they pay the fine. But that's a lot of money to expend on bans on individuals, so they ...
45
There are two reasons why this will probably not work.
First, the law is likely to be considered unconstitutional. Forcing a private entity to host views that they do not want to violates their first amendment rights.
If Facebook or Twitter are fined, they can ignore it, have it taken to the supreme court, and win.
Second, Florida cannot prevent Facebook ...
4
Sam Wilson: Found a place in Brookyln yet?
Steve Rogers/Captain America: I don't think I can afford a place in Brooklyn.
NYC is a very in-demand market, with many apartment-seekers being out-of-state dreamers, or local residents who have realistically been priced out of their own town by gentrification. This demand overloads landlords - ties up a lot of ...
answered May 3 at 22:23
Harper - Reinstate Monica
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1
Consider Kipling's "Hymn of Breaking strain"
So, when the buckled girder
Lets down the grinding span,
The blame of loss, or murder,
Is laid upon the man.
Not on the Stuff—the Man!
This was good law when it was written in 1935, and it is still good law in 2021. Will it be good law forever? No one can now say. "The blame of loss, or murder&...
1
Could it be possible for prosecutors to file criminal charges against
a computer?
No.
Is there some standard of sentience that the computer would have to
achieve in order to indict it?
No.
Of course, some jurisdiction (e.g. a U.S. state) could always change the law.
Criminal charges resulting in the imposition of fines and collateral consequences of a ...
2
While I'm unaware of any case law in the specific case of translators, one possible defense to an employer who hires only native speakers is that national origin is a bona fide occupational qualification (BFOQ). BFOQ is an exemption to anti-discrimination law. The only scenario where I could imagine a BFOQ defense surviving a court challenge is in a ...
2
It should be pointed out that while that is true, controlled burns need not be demolitions methods always. In addition to fire fighter training (often used by FD controlled facilities with structures that are designed to survive multiple fires) they are also used as garbage removal (usually burning leaf litter or yard waste, or large amounts of cut wood) ...
3
It may depend on how strictly they interpret the term "native speaker". I would certainly have cause for complaint if they classified me as a non-native speaker of English, given that it has been my primary language since I was about 4. If they're using the term as a shorthand for a level of fluency in the language, rather than its literal meaning ...
37
Yes
Businesses (and consumers) can choose who to do business with and what information they ask for and disclose and when they do that.
If you’re uncomfortable with how they do business, don’t deal with them. If they don’t like how you do business, they are free not to deal with you.
This is called discrimination. However, it is not unlawful because only ...
6
For cruelty and abuse, yes.
For sexual orientation change, you would need to prove a loss, i.e. that you are damaged or diminished as a result of that change, and your current partner might find that rather offensive! You would also need to prove your partner's culpability for that.
Those are very, very bold claims, which will require very, very bold proofs....
answered May 2 at 23:48
Harper - Reinstate Monica
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3
If A is now happy with C and intending to marry, it would be hard to see how A's current same-gender preference is a wrong justifying money damages. Besides which it would be necessary to prove to the satisfaction of a judge or jury that B's actions has such an effect on A, which would be hard since I understand that current expert opinion does not support ...
1
A can certainly sue B, but any argument about A's sexuality is best avoided. The more persuasive evidence would be the specific factual details of the "daily abuse, deliberate cruelty and elaborate attempts by B to make A feel jealous."
7
They are setting that requirement in q very broken and illegal way - but their core goal is a legal one.
Think about it: if you require employees to speak Navajo because you need that, that is lawful, even though it will have a strong tendency to select for certain Native American tribes (i.e. Navajo).
An employer can require English language because it's ...
answered May 2 at 22:11
Harper - Reinstate Monica
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-3
No. In order for the courts to pass on the merits of legislation, as a threshold matter a “case or controversy” must be brought by parties with “standing.” Cf Art. III, Sect. 2.
13
This is a potentially litigatable matter under US employment law, where the outcome would hinge on what a "native speaker" is. One interpretation – a legally discriminatory one – of "Native speaker of Somali" is "a person born and raised in Somalia, who acquired Somali as their first language". This requires a specific national ...
1
If the prior lease (or a separate agreement) included a monthly (or otherwise regular) payment for the garage, that was a legitimate debt and you are obliged to pay it. If the current lease also includes such an additional payment it will have to be paid as agreed. If it does not, then no such payments will be owed in future. If the current lease references ...
24
Employment discrimination based on the initial or native language of a prospective employee is probably not lawful under US federal law. Requiring the English-language skills actually needed for a particular job is lawful. Doing "editing, writing, or translation" obviously requires language fluency. But unless a business can demonstrate that it is ...
6
I'm not sure how other countries operate, but in the US, most laws exist at the State level, not the federal level. Even major crimes like murder, theft, and rape are all state laws, not federal ones.
For this reason, it's sometimes difficult to make meaningful statements about what's legal/illegal in the entire country. For instance, in some states ...
10
Yes. Totally up to the city and local fire department. Most ordinances have the ability to do this, although some will permit it, some will permit it with a number of constraints and some will never permit it.
We just had an old farmhouse burned through control burn in rural midwest (IL). There was one firetruck out there, never got out the hose... We ...
3
Bad Idea ...
The shopkeeper (or security employed by the shopkeeper) might not notice if you are clever, or they do notice. Don't bet on being more clever than professional security, it is their job to catch shoplifters. They do it all day.
The shopkeeper or security guard might yell and come after you, and perhaps you manage to run away. But perhaps not. ...
6
Yes to everything.
Justified use of force is assault / battery / homicide (as appropriate).
"Assault" means that a person has placed someone in fear of their life or person.
"Battery" means that a person has physically struck someone in some way.
"Homicide" means that a person has killed another human.
None of these definitions speak to the legality of the ...
3
Laws on this in the US vary by state, so I will use maryland as an example.
Findlaw's page "Maryland Assault and Battery Laws" says:
Historically, assault has been closely associated with battery as assault often refers to threats of, or attempts to cause, physical harm to another while battery refers to actual physical harm. However, in the ...
5
I assume that you committed the crime in nevada. Under NRS 205.240, this is a misdemeanor, petty larceny, the maximum penalty for which is not more than 6 months in prison and a fine of not more than $1,000, plus restitution. 8 USC 1227 makes certain crimes deportable offenses, but shoplifting isn't one of them. In France, under Art. 311-3 of the Code pénal ...
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