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Questions tagged [law]

The collection of binding customs or rules of a community prescribed, formally recognized or enforced by a community or controlling authority. When you use this tag, please consider if your question might be more appropriate on law.stackexchange.com.

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What possible laws have been proposed to modify limited liability of corporations?

I wonder if there’s a workable tweak to the limited liability of shareholders that would make it less profitable for those who wish to indirectly indicate to their flunkie ceos that they better cut ...
7
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2answers
270 views

Are there any statistics on Eminent Domain?

I googled and only found some feeble neglected Quora questions on this. Can anyone help? Any stats on: How many times has eminent domain been used at any or all levels of government in any year The ...
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1answer
113 views

Is arresting an opposition leader right before elections can be considered pre-poll rigging? [closed]

Opposition leader is arrested a week prior to elections in Pakistan. Can that be considered as pre poll rigging?
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3answers
393 views

Is the U.S. Constitution a religious-based document if it was written to be in alignment with Judeo-Christian morals and values?

If the founding fathers wrote the original U.S. Constitution to be in alignment with Judeo-Christian morals and values, does this mean that it was indirectly a religious-based document, and if so, ...
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3answers
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What's the difference between a public office having 'discretion' over a 'mandate' to do something?

CRC Resolution No. 2018-002 on the ballot for Broward county in Florida reads: Shall the Broward County Charter be amended to give the Broward County Office of Inspector General discretion, as ...
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3answers
435 views

Do originalist U.S. Supreme Court justices tend to be politically right-leaning?

Is there significant overlap between originalism and political conservatism?
2
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1answer
54 views

Can Cabinet Ministers initiate legislation, or does collective responsibility somehow preclude this?

Can Cabinet Ministers initiate legislation, or does collective responsibility mean that technically the whole Government is the initiator?
3
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1answer
87 views

Volume of UK law originating in the House of Lords

I thought that the number of Acts passed based on Bills originating in the House of Lords was small when compared to that of the House of Commons. But on the following link https://services....
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4answers
284 views

Are many laws adopted with unscientific (pseudoscientific or untested) foundations? [closed]

I often saw many laws in various countries were adopted because various premises, like religious, national (which in mostly are not national, but those the one want to be national) or simply they ...
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5answers
372 views

What justice and legislative system reforms have been proposed that account for the absence of free will?

From what I understand, psychology plays a large role in our criminal justice systems- especially in the United States. Psychologists evaluate police officers who go on to arrest people who are ...
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4answers
3k views

Can an individual member-state citizen be criminalised for not following EU law?

Can an individual member-state citizen be criminalised for not following EU law, or is there a limitation to EU law that means it is not applicable to individuals? Can the EU be said to be able to ...
3
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2answers
239 views

Do any American politicians support banning pet euthanasia?

Euthanasia is the act of ending someone's life in order to relieve them of pain. It is illegal in many jurisdictions, and numerous American politicians, especially Republicans, support keeping it ...
5
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1answer
208 views

Why were strict truancy laws introduced in the UK

A little while ago I noticed a post on my facebook feed somebody getting a fine for missing a day of school because of a holiday, then I came across articles such as this one in the mirror giving ...
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0answers
78 views

Are sunsetting provisions successful in reducing bureaucracy?

A lot of people in the Good Government movement advocate Sunset provisions for laws: Sunset Provisions Sometimes Congress passes laws with an expiration date, known as sunset provisions, ...
2
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2answers
246 views

Why marriage and not family?

The question Why do governments legislate marriage? has good answers about why the State has a [historic] incentive to legislate marriage. I'll briefly state interconnected definitions of marriage ...
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8answers
10k views

Why is bestiality illegal in the United States?

This is a question I have wondered more than once while browsing statute. Many states have laws against bestiality. For the life of me, I have never heard of this practice actually occurring and I ...
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4answers
456 views

Can corporations vote in the presidential election?

Under the notion of corporate personhood, can a corporation vote on presidential candidates in the U.S.?
3
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1answer
44 views

“The Treaties” in article 50 of the Lisbon Treaty

Paragraph 3 of article 50 of the Lisbon Treaty states the following (emphasis is mine): The Treaties shall cease to apply to the State in question from the date of entry into force of the ...
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3answers
173 views

Introduction of A/B tests on policy

Are there any instances where a government used "test" laws to determine the effect of a policy before enacting that policy on the whole population. For example, before rolling out a plan to the whole ...
5
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2answers
120 views

Are there any studies of comparative biases in adversarial and inquisitorial legal systems?

In the present-day, different liberal democracies use the adversarial and inquisitorial legal systems (e.g., the U.S. and France, respectively). Have there been any comparative studies of whether ...
3
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4answers
416 views

Was attending the meeting by Trump Jr., Kushner or Manafort, an “act to effect the object of the conspiracy” within the meaning of 18 U.S.C. 371?

18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States If two or more persons conspire either to commit any offense against the United States, or to defraud the United ...
4
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2answers
109 views

Does the UK have anything resembling the US Foreign Agents Registration Act?

Does the UK have any laws (its own or EU-level) that require lobbying and propaganda paid by foreign sources to be disclosed as such? For example the US has the famous FARA (quoting Wikipedia's ...
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1answer
264 views

Why do nations tend to mandate that police hires be personally more scrupulous than average?

Often the main thing with a job is that it be done well, and the practical distinction between the quality of separate workers is how well they do a job. For example, given a choice between hiring ...
5
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2answers
153 views

EU/ECJ precedents for failing to enforce border?

I read in a FT article that, in the case of a no-deal Brexit: If Ireland breaches the integrity of the single market by failing to control its border, it will be liable at the European Court of ...
5
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1answer
200 views

When can a UK referendum result be officially declared “invalid”?

There has been new allegations of "breaching of rules" by some pro-Brexit groups in the Brexit referendum. This new allegations join previous ones that electoral laws have been broken (also here). ...
3
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1answer
144 views

Is there any European that apologized to people in jail for a certain law?

According to this article an important Romanian politician has apologized to people in jail after being sentenced for office misconduct: The leader of Romania’s ruling Social Democratic Party vowed ...
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2answers
3k views

How does a British Prime Minister 'sack' Ministers?

I was reading another question and it got me thinking: Are ministers protected by laws against unfair dismissal? Under what circumstances can the PM 'sack' members of their cabinet? What happens to a ...
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1answer
188 views

Has ICE suspended criminal referrals of illegal entries by families?

A few months ago, Attorney General Jeff Sessions implemented a "zero tolerance policy", requiring the Department of Justice (DOJ) to criminally prosecute every single person caught crossing the border ...
3
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2answers
212 views

Why are (public) political polls typically allowed even very close to the elections despite of their apparent disruptive effect on voters perception?

This is a follow-up of this accepted answer for the question: "Restricting polls because of the “Bandwagon effect”": forbidding opinions for months would be detrimental to the development of ...
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4answers
235 views

Can a Western democracy prevent private groups from using the country’s name/purporting to represent that country e.g. at the World Cup?

In this question about countries boycotting the World Cup, it was pointed out in several answers, quite correctly, that the national football leagues in question aren’t government agencies and the ...
5
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2answers
96 views

How could people access the database of new laws and upcoming bills before the government started posting them on the internet?

Currently, the government posts upcoming bills and newly passed laws to their online database, but before that, how did people find out that new laws were passed or might be passed? Some people would ...
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0answers
2k views

Is the Flores Consent Decree binding nationally and currently?

In reading the Flores Consent Decree, I see it called for the decree to be terminated after 5 years (or earlier if all parties agreed). So why is it still in force? Also, my understanding is that ...
8
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1answer
11k views

Can the Trump adminstration undo the Flores consent decree?

In 1997, the U.S. Department of Justice agreed to a settlement in a case called Flores vs. Reno. Among other things, this settlement prohibits unaccompanied children who have crossed the border from ...
4
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1answer
299 views

Is it possible that the US raises fees for using US based internet services – like Stack Exchange or Google – for people not living in the US?

In the current discussion about fees and taxes for import and export of goods to and from the US I have a question about internet services (as kind of virtual goods): Is it possible that the US ...
8
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1answer
299 views

What are the consequences of Trump lying on a financial disclosure form?

The media are currently full of articles, like this one saying that D.J. Trump could be in trouble for not disclosing payments to Stormy Daniels. Without getting into details of who did or did not do ...
9
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1answer
295 views

What are the arguments for and against Statutes of Limitations?

I was reading this article earlier today about the alleged Golden State Killer which mentioned that the State of California passed a law a few years ago which eliminated the Statute of Limitations for ...
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1answer
79 views

Essential elements of a modern national constitution [closed]

If one were to write a constitution from scratch, today, what are the essential elements that a national constitution would need to specify? From the US Constitution and Bill of Rights, we get ...
3
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3answers
462 views

What rationales were given for prohibiting Holocaust denial?

For jurisdictions that have explicitly prohibited Holocaust denial, or denial of atrocities committed by Nazi Germany, or genocide in general, what rationale or rationales have been provided for it? (...
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1answer
321 views

Does the DEA have authority to prohibit any substance?

According to the DEA’s Denial of Petition To Initiate Proceedings To Reschedule Marijuana from 2011, one reason for the cannabis plant’s Schedule I status is because it has “no currently accepted ...
3
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1answer
264 views

Why are there so many exceptions to marital rape law in the US?

According to this rather old (2015) article, the federal government made marital rape illegal in 1986, but there are still many exceptions in various states: The federal government made marital ...
9
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1answer
445 views

Can Macron legally reform Islam in France?

In February 2018, french president Emmanuel Macron said : "I want to lay the foundations for the whole organization of Islam in France" He plans to do this to diminish the number of young ...
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2answers
78 views

Are checks for heavy metals, asbestos and such mandatory when certifying for “EU Organic?”

I wonder what kind of checks they have to make when testing products for organic certification. Does it include testing for heavy metals, asbestos, arsenic, etc.? P.S. I apologize if this is the ...
4
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1answer
100 views

Which EU countries prohibit electoral riggers for holding leadership positions (political and/or within public administration)?

At the end of February 2018, Romanian General Prosecutor talked about the so called Troesmis Constitution (source in Romanian, approximate translation below): He will not become a dignitary, a duke,...
5
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2answers
221 views

Why is advertising for medication requiring prescription allowed?

Recently I have seen on local media (mainly TV within an Eastern European country) multiple ads for medication that requires prescription. It looks to be much more regulated than vitamins as it ...
12
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1answer
1k views

Why can the US government impose age restrictions on constitutional rights?

For some context, the NRA is suing Florida on the grounds that the new law, which raises the minimum age to 21 from 18 to purchase a firearm, violates the 2nd and 14th amendment. They argue that 18-...
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2answers
198 views

Why hasn't legislation corrected the ambiguity of 'civil law'?

Source: A Brief Introduction to Law in Canada (Mar. 2017). p. 39 Bottom. Box 2.3. "Common Law" and "Civil Law": Alternate Meanings As we have seen, some legal expressions have different ...
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3answers
369 views

How binding is the two degree temperature limit agreement really?

The context for this question, is the recent court ruling about the nitrogen dioxide limits in German cities (An english article I found about it). Or this one written before the ruling, but arguably ...
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0answers
102 views

Does the US give full, unfettered access to the NCIC database to anyone other than Canada?

I know that the US shares full, real time access to the US NCIC database with Canada, but does it give this type of access to any other countries? Many people seem to think that any immigration ...
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0answers
68 views

Why isn't smoking banned? [duplicate]

Here are my main obvious reasons why I think smoking should obviously be banned: Various studies have shown that even second-hand smoking is extremely dangerous. That's why it already banned in many ...
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0answers
91 views

Are there countries besides Israel preferring organ donor card holders or is there any experience with this policy?

I wonder about a policy of prioritizing organ donor card holders over others, when allocating donated organs, given that all other conditions are equal. Background information: A policy preferring ...