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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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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5answers
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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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1answer
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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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2answers
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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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3answers
567 views

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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8answers
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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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2answers
345 views

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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4answers
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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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8answers
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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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0answers
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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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7answers
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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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1answer
691 views

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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2answers
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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
129 views

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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1answer
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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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3answers
810 views

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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1answer
276 views

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
326 views

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
146 views

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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1answer
403 views

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
154 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
167 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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3answers
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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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3answers
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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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1answer
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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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0answers
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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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1answer
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Can an EU country government force its medical doctors work with SARS-CoV2 infected patients without the proper equipment?

Romania has virtually the worst public health system in EU and there is no surprise that it is far from being prepared for tackling the coronavirus infection. On major issue is that corruption (e.g. ...
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1answer
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Does the signing statement made by President Trump nullify the oversight provisions of the CARES Act?

On March 27th, President Trump signed the COVID-19 stimulus bill, the CARES Act, into law. This came after days of debate, where Democratic lawmakers insisted on the inclusion of oversight measures ...
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2answers
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What are the implications of Hungary's emergency coronavirus bill?

Today, Hungary's parliament voted by 137 to 53 to enact the new COVID-19 bill, which apparently grants Prime Minister Viktor Orbán sweeping powers, in order to allow Hungary to deal with the crisis. ...
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6answers
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What are the implications of the EARN IT Act?

On the face of it, the EARN IT Act of 2020 appears to be a bill to protect against online exploitation of children by creating a National Commission for that purpose. However, the Electronic Frontier ...
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1answer
233 views

Can President Trump ban all remaining presidential primary elections in an effort to contain the Coronavirus outbreak? [duplicate]

I am wondering if President Trump has the constitutional authority to ban all remaining presidential primary elections in all the states in an effort to contain the Coronavirus outbreak?
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1answer
186 views

Is the British Immigration health surcharge unique in the world?

People moving to the UK for longer than six months are required to pay an Immigration health surcharge. I.e., they pay a tax when they request a Visa to be allowed to use the National Health Service (...
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1answer
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Why did HWR Wade write that passports have “no status or legal effect at common law whatever”?

Public Law: Text, Cases, and Materials (2019, 4th edition), page 316: Moreover, since Wade says that prerogative decisions must affect rights, he argues that a decision by the UK government to ...
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1answer
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What exactly is the “rejections at the border” provision in the Spanish Citizens Security Law?

I've read that Videos and pictures of Spanish police forces getting people down from the top of the [Melilla] fence by all means possible, including violent use of force, began to flood the news. ...
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2answers
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What legal recourse is available in the EU if it turns out that Greece has been doing “illegal pushbacks” of asylum seekers?

The Greek government is denying that any asylum seekers have been (illegally) pushed back to Turkey, which would contravene the UN Convention provision of non-refoulement, which is also incorporated ...
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2answers
110 views

Which US law transfered the power to declare war from Congress to the President? [closed]

The last few wars have been declared by Presidents without an act of congress. Yet the Constitution says that only congress can declare war. What is the specific legal justification that ...
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1answer
52 views

Legacy commitment of a new government [closed]

A commitment is made by a political party's ministry in power to a segment of people through an agreement. Then the party is voted out in election. What happens to commitments and contracts earlier ...
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1answer
115 views

How binding is a sentencing recommendation by the Department of Justice? [closed]

Regarding the sentencing of Roger Stone, the original recommendation, which had been made according to official guidelines, was for a sentence of 7-9 years in prison. Then it was changed, and ...
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1answer
229 views

Do Polish citizens support law that allows judges to be disciplined for criticizing the system?

Polish President Duda has adopted on October, 2nd 2020 a divisive law that allows judges to be disciplined for criticizing the system. The legislation, which has drawn condemnation from the European ...
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1answer
251 views

Is there anything to prevent the U.S. Attorney General from helping political allies convicted of crimes?

Attorney General William Bar is in the news recently for pushing four federal prosecutors on the Roger Stone case to resign from the case. What, if any, checks and balances are there to prevent this ...
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1answer
1k views

Who has standing to sue for Emoluments violations?

Almost a week ago, the DC Court of Appeals threw out a lawsuit by two hundred out of five hundred thirty-eight congresspeople against the President, claiming that he has violated the Emoluments clause ...
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2answers
340 views

Can people who aren't exactly suffering more pain than the average citizen choose to legally end their life by active voluntary euthanasia?

Preliminary information: I have asked the question What age was the youngest person without any illness to die by euthanasia by own sane willingness? [closed] in the History Stack Exchange site and ...
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1answer
125 views

The political risk of a law that allows traffic camera be installed in all intersections [closed]

In all the cities I have lived in in Canada, I do not see a lot of traffic cameras in intersections. There seems to be only one or two in the intersections with the most traffic. That gets me thinking ...
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4answers
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Does setting precedent automatically make something ok for subsequent politicians to do the same thing?

Surrounding the Impeachment trial of President Trump many news outlets have voiced that an acquittal will be setting precedent. Does this mean that subsequent presidents will be able to do the same ...
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1answer
123 views

Impoundment Control Act clarification

You can see the text of the article here: https://uscode.house.gov/view.xhtml?path=/prelim@title2/chapter17B&edition=prelim Here's the relevant part for this post: Suits by Comptroller ...
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1answer
151 views

Flaws of US impeachment process? [closed]

It's strange that Bill Clinton's trial was voted to have witnesses and Donald Trump's trial was voted to disallow witnesses and there seems to be the legal viability of discarding subpoenas. This ...
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6answers
6k views

Why is Hunter Biden's testimony in the impeachment trial relevant?

During President Trump's impeachment trial the White House counsel have sought bringing Hunter Biden in several times for testimony. How is Hunter Biden's testimony relevant, opposed to that of John ...
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3answers
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Is the senate trial legal or political?

The impeachment in the House was a political debate - not really a legal one. The rules that apply in a regular trial did not apply there. Is the same true of the Senate trial or is that more of a ...
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1answer
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Which Democratic Presidential candidates favor making illegal entry only a civil violation?

Under Federal law, illegal entry into the United States is both a criminal violation and a civil violation. But historically, most people caught crossing the border illegally were not criminally ...

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