Questions tagged [law]

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What's going on with the lawsuit against Concord Management?

Last year (2018), the US federal government indicted Concord Management & Consulting LLC in relation to the alleged Russian social media campaign to meddle/undermine/influence the 2016 US ...
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In Germany, why does the burden of proof fall on authorities rather than the company or individual when it comes to possible illegal funds?

According to this article Germany requires the authorities to prove that some funds are illegal instead of asking the company or individual for that proof: In Germany, the burden of proving that ...
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What powers are vested in ministries in India?

It is an understood fact that for making a law you need to pass it by the The Parliament of India which is composed of Lok Sabha and the Rajya Sabha in India. In light of this, what all powers are ...
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What does it mean to protect parliamentary papers if published ‘bonâ fide and without malice’? [duplicate]

In other words how can you publish Parlimentary Papers WITHOUT bona fide and WITH malice? Why not protect in this case?       Two other aspects of parliamentary privilege should be ...
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Why was VP Biden not required to obtain a waiver to continue his influence over Ukrainian government policy? [closed]

In cfr §2635.502, paragraph (a) states: (a) Consideration of appearances by the employee. Where an employee knows that a particular matter involving specific parties is likely to have a direct ...
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At what point is emitting economic sanctions against a country an act of war?

At what point is emitting economic sanctions against a country an act of war? People mention that the U.S. blockading Japan during WW2 was an act of war, but if the U.S. and Western nations stopped ...
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Was Nixon right, and if so, to what degree was he right, when he said that “… but when the president does it, that means that it is not illegal.”?

In the comments of this question, I came across this quote from Nixon: but when the president does it, that means that it is not illegal My common sense is telling me that logically, there must ...
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Can the US Senate's Hong Kong bill be treated as foreign interference?

Recently, the US Senate passed a bill about the situation in Hong Kong. Some core points from the bill: impose sanctions on Chinese officials review the special autonomous status it grants Hong ...
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Why do American jurisdictions generally prohibit ex post facto laws as opposed to European countries which apply lex mitior (“the milder law”)?

According to Wikipedia article related to Ex post facto law: While American jurisdictions generally prohibit ex post facto laws, European countries apply the principle of lex mitior ("the milder law")...
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What are the limits of parliamentary privilege?

From what I understand, parliamentary privilege affords MPs and Lords freedom of speech without fear of prosecution within their respective Houses of Parliament. I’ve only seen it come up into ...
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Are the other countries besides Romania that automatically reduce prison sentences for bad prison conditions?

Romania Insider news from 2017: The law allowing inmates serving time in bad prison conditions to get six days cut off from their sentence for every 30 days in prison was promulgated by President ...
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Which act of Congress authorized the Ukrainian aid which was allegedly withheld?

According to multiple media sources, U.S. aid to Ukraine was authorized by Congress. I am having difficulty identifying precisely which act would have authorized the specific aid which the Trump ...
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How much money would legalizing marijuana (both state and federally) save the US goverment on average?

One of the arguments for legalizing of marijuana is that it is suppose to save a significant amount of money spent in enforcing laws against the crime. Some of the cited supposed savings are: Not ...
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Have Congressional Democrats asked the IG to investigate Barr’s actions?

Over the past four years, Congressional Republicans have asked the Inspector General (IG) for the Department of Justice to investigate a number of issues related to conduct by DOJ officials: Attorney ...
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Have (more) prior convictions for corruption been overturned following McDonnell v. United States?

Wikipedia notes: Chief Justice John Roberts authored the unanimous opinion. McDonnell's conviction was vacated on the grounds that the meaning of "official act" does not include merely setting up a ...
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Is the OLC reconsidering its whistleblower informant opinion?

In August, the Inspector General for the Intelligence Commmunity (ICIG) sent the Director of National Intelligence (DNI) Joseph Maguire a whistleblower complaint concerning President Trump’s phone ...
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Who has the power to dissolve the House of Representatives in the Netherlands?

Wikipedia says If the House of Representatives is dissolved, due to a severe conflict between the House of Representatives and cabinet, or within the cabinet, a snap election takes place as soon as ...
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Given the Kinnock amendment, is the Benn Act still legally effective?

According to one constitutional legal opinion, the Kinnock amendment makes the Benn Act impossible to satisfy: ‘The Prime Minister must seek … an extension of the period under Article 50(3) … in ...
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Can special prosecutor Dan Webb charge Jussie Smollet? [closed]

In a case that made political headlines, actor Jussie Smollett was charged with making false statements to Chicago police about a supposed hate crime he had experienced. But then the Illinois State ...
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What criminal referral did Michael Flynn’s lawyer have advance knowledge of?

Liberal journalist Marcy Wheeler just tweeeted this: [S]omeone should figure out via what means Sidney Powell knows exactly what John Durham is up to[.] And to be clear, I mean BOTH that she ...
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What gives presidents (President Trump) the right to negotiate bilateral trade agreements?

I know that there is some legislation that President Trump has cited allows him to raise tariffs, as well as "fast track" that applies to multilateral trade agreements, but what allows him to exercise ...
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Has the UK gone forward with its plan to designate northern Syria a “no-go” zone?

News from July was that The Home Office revealed in May that it planned to designate northern Syria a “no-go area” and that British citizens would have 28 days to leave or face a 10-year prison ...
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Why does Singapore criminalize abortion for foreigners?

According to AWARE Singapore, foreigners can only get an abortion in Singapore if they meet certain conditions: Foreigners are only eligible for abortion in Singapore if they meet one of the ...
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What are the thresholds for an organization to be declared a foreign agent in Russia?

E.g. Wikipedia gives as example: Levada Center, Russia's only independent polling agency, received between 3 and 1.5% of its total budget from abroad.[27] It was issued with a public warning that ...
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Can Johnson safely ignore the Benn Act assuming his deal passes next week?

What's the worst thing that can happen to Johnson or his government, legally, if he ignores the Benn Act (for now at least) given that he intends to bring legislation on the deal Tuesday, it seems? ...
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What was the ultimate fate of the 1985 defamation lawsuit against Rep. Don Sundquist?

In a pre-Westfall case (which might as well have motivated the 1988 law that increased Congresspersons' immunity against civil lawsuits), NYT reports (1987) A Federal appeals court panel has ruled ...
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Are there any (post-Westfall) cases in which the Attorney General refused certification for a defamation lawsuit against a Congressperson?

The Westfall Act (1988) provides strong protection for Congresspersons against civil lawsuits. Part of the procedure that allows this protection to be effective is the fact that following Attorney ...
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Can US Congress members be (successfully) sued for defamation?

What is the level of protection of Congress members against civil lawsuits for statements they make, e.g. can they be successfully sued for defamation (libel, slander etc.)?
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What is a moral panic?

I know - and have used the phrase - moral panic. I've read Marshal McLuhan's Understanding Media but I've come across several uses of "moral panic" that makes me interested in delineating what is, and ...
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What is the legal status of complaints of criminality that the DOJ hears about but are not in written form?

NBC reports: Weeks before the whistleblower's complaint became public, the CIA's top lawyer made what she considered to be a criminal referral to the Justice Department about the whistleblower's ...
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What parts of EU law impose that the EU cannot consider an extension/delay request not coming from the PM?

A recent article quotes Boris Johnson as saying "The EU is obliged by EU law only to negotiate with member state governments, they cannot negotiate with Parliament, and this government will not ...
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Is the text of all UK treaties and laws public?

Is the text of all UK treaties and laws public? For example, could an international agreement (treaty) be kept secret from the public?
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Legally how would one demonstrate Trump's motive was to solicit interference in the 2020 election [closed]

The whistleblower report makes the following allegation: In the course of my official duties, I have received information from multiple U.S. Government officials that the President of the United ...
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Can the United States force multinational companies from not owning Chinese assets?

Can the United States force multinational companies from not owning Chinese assets? The White House is discussing ways to restrict US capital flows into China in what would be an unprecedented ...
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Can the US government delist a private company like Alibaba from US Stock Exchanges?

It has been reported that the Trump administration is considering delisting Chinese companies from the U.S. stock exchange. Trump administration officials are discussing ways to limit U.S. ...
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How does Executive Privilege override the clear provision of statute at 5 U.S.C. App. §8H (c) on Whistle Blower Complaints?

With respect to the testimony of Acting Director of National Intelligence McGuire before the Permanent Select Committee on Intelligence, U.S. House of Representatives on September 26, 2019, that as a ...
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Was the whistleblower in the Ukraine scandal legally required to make his report?

When talking about impeaching Trump, everyone mentions a whistleblower. I am under the impression that this means that who he is is not public information. If he knew such sensitive information, was ...
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Is there any country (state, region) where trying to pass “bad” laws is a crime?

Inspired by this question and answers to it. While I'm reasonably sure the answer is "No", I wonder if there is some interesting exception to the general immunity of legislative bodies. While a ...
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Could Boris Johnson face criminal charges for illegally proroguing Parliament?

Since the UK Supreme Court has ruled that the proroguing of the UK Parliament was illegal, is Boris Johnson personally culpable? Does this depend on whether the UK Parliament and its democratic ...
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Is Treason the right term to describe making a secret deal with a foreign government for personal gains?

As a casual German observer following the news, I wonder about the language used in the news. I gather that the current situation is that a whistle-blower from an important intelligence position has ...
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If the EU does not offer an extension to UK's Article 50 invocation, is the Benn Bill irrelevant?

My understanding of the Benn Bill is that it only compels the PM to request an extension and what must be done if an extension is granted. If an extension isn't granted, is it true that neither the ...
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Can the president of the U.S. fire, or have fired, the Fed Chair for not being 'independent'?

https://www.federalreserve.gov/aboutthefed/section10.htm The Section 10 of the Federal Reserve section 10 states that the President can remove the Fed chair for cause, but what does that mean? The ...
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As an electoral candidate, isn't Yang precluded from conducting his “UBI experiment”?

In the US Democratic Party’s presidential primary debate a few days ago, candidate Andrew Yang announced his campaign will conduct a 1-year experiment with Universal Basic Income - by paying USD 1000 ...
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Can a country prevent another country from having access to its scientific infrastructure?

https://s3.amazonaws.com/academia.edu.documents/55967145/a_3A100301651551420180305-1337-h7mebg.pdf The Japanese have often been criticized for the lack of government funding of basic science, ...
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Can the opposition parties do anything within the timelimit if the PM refuses to ask the EU for an extension?

It's been noted on this site that even if Parliament passes an extension, Parliament can't ask the EU for an extension directly themselves, that the law covering withholding the asking of Royal Assent ...
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Could the UK Parliament change the rules on prorogation by voting in a new law?

Boris Johnson controversially scheduled a prorogation of 34 days recently, which means that the UK Parliament won't be able to pass new laws at a critical time when the UK is about to leave the ...
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Can the president be investigated by the SEC for stock manipulation?

Can the president be investigated by the SEC for stock manipulation? This year the SEC investigated Elon Musk for possible stock manipulation through social media posts, and he was ordered to stop ...
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To what extent does China control Hong Kong's highest courts and ordinary courts?

To what extent does China control Hong Kong's highest courts and ordinary courts? Some people have suggested that the chief executive of Hong Kong needs to be approved by China and thus it has some ...
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Why is statutory rape “strict liability”? [closed]

I've heard that statutory rape, that is, sex with girls under 18 works under strict liability principle. Why? Is this even true? Even murder, that obviously cause far more damage, has 1st degree, ...
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How could China have extradited people for political reason under the extradition law it wanted to pass in Hong Kong?

How could China have extradited people for political reason under the extradition law it wanted to pass in Hong Kong? According to a news outlet, the extradition law had the following clause: Once ...