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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If Trump's legal challenges to the 2020 elections are so bad, why haven't the courts ruled them as frivolous? [migrated]

(Not sure if this should be on the Law.SE) Per title. Most of the news coverage I've seen have said the challenges are bad, such as this recent one on the result of a challenge in Pennsylvania. "...
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If the justifications for informed consent are questionable, then why would it be a legal requirement?

The article Informed Consent (Stanford Encyclopedia of Philosophy) lists some main arguments for informed consent. They are: "protection", "autonomy", "prevention of abusive ...
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Why is the US still heavily relying on cash bails?

According to this article there seem to be serious downsides to heavily usage of money (cash) bails (emphasis mine): In effect, the cash bail system criminalizes poverty, as people who are unable to ...
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How are U.S. states allowed to put marijuana legalization on ballots when it's against federal law?

Five states will now legalize marijuana for both recreational and medical use. During the November elections, A majority of New Jersey and Arizona residents voted yes on ballot measures to make ...
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Are there proposals for preserving ballot secrecy when a candidate scores 100% in a very small polling station?

In the 2020 United States Presidential Election in Dixville Notch, New Hampshire, Joe Biden received 5 votes and Donald Trump received 0 votes. Biden received 100% of votes cast. In the 2016 United ...
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How can election winners of states be confirmed, although the remaining uncounted votes are more than the difference in votes?

For the US presidential elections, the Associated Press announced winners for several states although a significant portion of the votes were uncounted. One example is Illinois where at the moment of ...
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What is going on with the constitutional court in Ukraine?

Recently, Ukrainian President Volodymyr Zelensky submitted a bill to the Verkhovna Rada (Supreme Council of Ukraine) proposing to terminate the powers of all Constitutional Court judges. It's a bit of ...
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What arguments are there for not passing anti-SLAPP laws?

A SLAPP (strategic lawsuits against public participation) lawsuit is a frivolous lawsuit made by someone who does not believe they can win. The main reason for them is to cause the defendant ...
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Is it normal or required for POTUS to attended SCOTUS swearing in ceremonies?

I noticed from the recent swearing in photos of the new SCOTUS judge that POTUS was present. Is it normal for POTUS to be present? It is required or a choice by someone (who makes that choice?). Of ...
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Is it legal for the US private company to provide services depending on political party?

Read about US company "Fortitude Ranch", specializing on providing secure vaults, who would open it's "survival camps" at the election day. Can such company theoretically provide ...
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Can the EU Parliament's vote on terminology for plant-based meat and dairy substitutes lead to enforcing the new terminology upon the member states?

The EU Parliament should decide whether to ban the usage of ‘meatish’ and ‘dairyish’ names for plant-based products. This sounds rather strange since this seems to go against the EU environmental ...
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What does Amy Coney Barrett have to do with abortion, healthcare, etc?

Barrett Avoids Slips as Democrats Press on Abortion, Health Care Democrats grilled U.S. Supreme Court nominee Amy Coney Barrett for hours about abortion rights, health-care law, guns and election ...
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Is forcing ballot secrecy a first amendment violation?

I have seen that there are laws barring people from taking pictures of their votes. The purpose of these laws is typically to prevent vote buying. I believe that this prevents legitimate public ...
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Can a US state bar a formerly incarcerated felon from being a member of congress?

I was thinking about the fact that some states bar felons from voting even after they are released from prison. I also thought about whether or not it would be legal for a state to bar a former felon ...
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Why aren't the justices of the Supreme Court of the United States democratically elected?

Related: Doesn't the system of the Supreme Court oppose justice? and Why is the debate on the composition of the U.S. Supreme Court so politicised? In following the aftermath of Justice Ruth Bader ...
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Expulsion of elected members of the legislature - where is it possible?

Are there world states which have an elected legislature, not subject to a higher authority (except the law), in which elected members can be expelled by a majority of the other elected members? That ...
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Why Is The U.S. Supreme Court Reviewing So Few Cases On The Merits?

The U.S. Supreme Court in recent years has been deciding fewer cases on the merits than it has at any time since the end of the U.S. Civil War. (Source) Yet, the volume of cases eligible for its ...
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Is the POTUS above the law? [duplicate]

I heard Bernie Sanders say "nobody is above the law and that includes the President of the United States". I was wondering about whether or not that is factually correct, in theory and in ...
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Why isn't the concept of diplomatic immunity rejected?

Diplomatic immunity says that diplomats cannot be prosecuted in the country they are visiting as a diplomat for. It can be interpreted as saying that diplomats are above the law in the country they ...
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1answer
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If birthright citizenship ends in the US [closed]

I was recently discussing with my American cousins about whether President Trump could end birthright citizenship. I was wondering if he indeed does so, what would the new "US nationality law&...
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May partisan events be held in the White House?

I noticed US President Trump held a Republican National Convention (RNC) event at the White House the other day. Is it not illegal, and unprecedented, for the President to use the White House — a ...
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What are “frugality rules”?

A total of 15,799 Chinese officials were punished in July for violating frugality rules, the top anti-graft body said on Thursday. https://www.shine.cn/news/nation/2008285032/ What does the term &...
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Can American politicians be tried for treason if it is proven that they collaborated with a foreign enemy to get someone elected?

https://nymag.com/intelligencer/2020/08/russia-ukraine-trump-biden-intelligence-foreign-interference-election.html Can American politicians be tried for treason if it is proven that they collaborated ...
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Can a future president undo Trump's TikTok ban or is it outside of their control?

Can a future president undo Trump's TikTok ban, or would it be outside of their control? I am wondering, if Trump's executive order against TikTok passes, whether his successor (be it Biden, or ...
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Can I (a random person in the world) be prosecuted under the new Hong Kong security law?

According to Amnesty International, the new Hong Kong security law "applies to everyone on the planet". I quote: The wording of the Hong Kong national security law asserts jurisdiction over ...
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How/why was the Federal Pandemic Unemployment Compensation set at a flat $600/week?

A major provision of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was to give a $600/week payment (known as Federal Pandemic Unemployment Compensation or FPUC) to anyone ...
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In the US, what is the meaning of “declaring a Riot”?

According to CNN, the Portland Police Bureau "declared a riot" on July 4th, 2020 after protesters shot commercial grade fireworks at both the state and federal courthouses. Some local ...
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What possible steps could be taken to fight racism in the police? [closed]

Within the US, what steps could be taken to try to prevent racism in the police? For example, there is no strong 'test' for racism that can't be double-guessed. Even then, there is the potential that ...
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Why are CBP and other organizations within DHS allowed to arrest protestors?

As per the reporting about federal officers arresting protesters, I am wondering about the jurisdiction of the US's Department of Homeland Security. What is the specific legal purview that allows DHS ...
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Why are helmets and seatbelts required?

Suppose someone is drinking and driving, or speeding; then he is obviously a threat to other road drivers and pedestrians. But someone, who isn't wearing a helmet or seat belt, is neither harming ...
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Is there a country where the government cannot force a COVID-19 positive person to enter quarantine / remain hospitalized?

Le Monde argues about the recent Romanian Constitutional Court that basically states that freedom of movement must prevail even for Covid-19 positive persons (translated from French): the ...
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What are Arguments in Favor of Qualified Immunity for Police Officers?

Currently there is concern about police brutality and overreach. One suggestion I've heard often is ending qualified immunity, and there are many videos with convincing arguments for removing the ...
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Is the National Popular Vote Interstate Compact constitutional?

I read recently that Colorado will have a version of the National Popular Vote Interstate Compact on their ballot in November. Considering that this bill functionally eliminates the Electoral College, ...
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How often are U.S. attorneys appointed by a court?

Former U.S. Attorney for the Southern District of New York Geoffrey Berman was appointed by the U.S. District Court in 2018, under 28 U.S. Code § 546. (d) If an appointment expires under subsection (...
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Has any government throughout history banned foreign currencies?

Has any government throughout history banned foreign currencies? It happened in Zimbabwe in 2019 for example. How about other countries? I'm also interested in broader answers, like governments ...
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What proposals exist for a large city disbanding and reconstituting its police force?

Minneapolis has voted to disband its police The Minneapolis city council has pledged to disband the city’s police department and replace it with a new system of public safety, a historic move that ...
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What considerations are necessary before POTUS can invoke the 1807 Insurrection Act?

I read here that President Trump is planning on invoking the Insurrection Act of 1807 and that the last time it was used was during the LA riots. Two questions rose to me from reading the article. ...
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1answer
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Who draws county lines?

Within a state, which government institution is responsible for drawing and determining the boundaries of county lines?
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What happens to lawsuits against US presidential administrations when the administration changes due to an election?

NBC News' Black Lives Matter sues Trump administration over use of force on D.C. protesters says Black Lives Matter filed suit along with the American Civil Liberty Union against the administration ...
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Who polices the police in the USA?

Who polices the police in the USA? Is there anyone a police officer has to answer to for committing racist acts, abusing their power, or committing other crimes unnecessarily?
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Is this hypothetical gerrymander legal? [duplicate]

I have a question about a hypothetical gerrymander that has not happened and probably won't. Let's say Alabama's GOP decides during redistricting to draw out the majority black area. (See how multiple ...
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3answers
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Why is the drinking age usually higher than the age of consent & driving age?

If we look at the world map, most countries in the world have a legal drinking age of 18. Comparatively the legal driving age in many countries is as low as 16, and the age of consent is roughly ...
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1answer
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Is there no legal protection against racial discrimination in China?

An opinion piece in the Guardian plainly states that Although China has the lowest immigration in the world (migrants account for just 0.07% of the population), the authorities impose harsh “...
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What is the Wyden Amendment?

So, recently I came across an article which appears to be discussing the Wyden Amendment to H. R. 6172 . The article makes it sound like this will allow enforcement agencies access to browsing data ...
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1answer
185 views

Do any states or countries punish people less for distracted/drunk driving accidents compared to speeding accidents?

Have any countries or states implemented a policy similar to this? People who cause non-fatal accidents due to distracted driving (texting, eating, make up, sleeping, etc.) or drugged driving (...
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1answer
174 views

Can a country be held liable for the actions of a private military company domiciled in it?

Let's say that a company like Blackwater is responsible for war crimes. Can the U.S. be punished for the actions of Blackwater? How will the legal proceedings develop? I am mostly interested in how ...
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What are the practical and effective feedback mechanism that normal citizens can use to present their views to the government?

As a normal citizen, one of the problems in our political system is that the government lacks positive feedback from normal citizens, like me. For example, let's say the government introduces a new ...
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Can a private attempt of killing foreign country leader be called terrorism?

For example, some unofficial people from country A(not related to government or official structures at all, that matters!) officially prepares some armed people to go and kill leader of country B. ...
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What does the EARN IT act mean for messaging services without E2E encryption? [closed]

Many people have been discussing what the EARN IT act entails for services that offer E2E encryption, but almost nobody has mentioned or asked what this act would entail for the messaging services ...
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What are the prospects of suing with China over COVID-19? [duplicate]

Recently, some group of US jurists started suing (original probably here) with China over COVID-19 outbreak, blaming PRC for incorrect actions during pandemia, caused harm for the US. Does this ...

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