Questions tagged [law]

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21
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6answers
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Why do US tech companies honor rulings by the EU when they don't have jurisdiction?

Why don't they just ignore the EU laws such as 'right to be forgotten', or 'cookies laws', or 'privacy', or 'competition', or even collecting VAT. It's not like the EU will block the domain name. ...
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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
47 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
107 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
357 views

Is there any European leader 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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1answer
208 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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5answers
760 views

How could a wealth tax (not income tax) be implemented to make evasion difficult?

Recently liberals and conservatives alike have floated returning to the high marginal income tax rates of the mid 20th century, as a method to help reduce inequality in the United States, among other ...
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1answer
245 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
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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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Are there any formal steps that legislators use in the US when creating positive or negative law?

For example: Someone has a problem or unmet need. That person approaches a legislator with the problem or unmet need. The legislator follows a process to reason. The legislator follows a process to ...
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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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0answers
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Is there any European country that requires or required its citizens to have completed the compulsory school as a driving license precondition? [migrated]

One of the many recent Romanian governments tried to introduce a restriction for getting the driving license: Romanians will no longer be allowed to get driver licenses unless they finish ...
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1answer
124 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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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
114 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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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 ...
0
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1answer
144 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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1answer
182 views

Is there any evidence of a “cop free” society? [closed]

Has society existed before Cops? Are Cops integral to society? Obviously Somalias militias are backed by foreign governments, and their Cops, so I want to understand if there has ever been such a ...
14
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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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2answers
224 views

Who in the DOJ determined that two Carter Page FISA Warrants were invalid?

As part of its Trump-Russia investigation, the FBI obtained four FISA surveillance warrants on former Trump Campaign foreign policy advisor Carter Page. Michael Horowitz, Inspector General for the ...
17
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1answer
5k views

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 ...
12
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1answer
2k views

Why exactly is Laïcité (the law on separation of church and state) not valid in Alsace?

I've read that Due to the special historical situation (Laïcité is not valid in Alsace), there is a university with a theology faculty (Catholic and Protestant). In 2009 a Master's degree in ...
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3answers
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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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3answers
463 views

Why do so many pirated software apps and unlicensed copies of things come from China and the surrounding area?

I know this is a broad question but is there a reason there is so much copying of intellectual property in China and surrounding countries? It seems there's a stronger culture of copyright and patent ...
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2answers
206 views

Have their been any updates on Huber’s review since May?

In 2017, after the appointment of Special Counsel Robert Muller to oversee the FBI’s Trump-Russia investigation, Congressional Republicans asked the Department of Justice to appoint a second Special ...
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2answers
132 views

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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2answers
302 views

Did the IG’s office say its audit of the use of Confidential Human Sources was prompted by Trump?

The website of the Inspector General for the Department of Justice lists a number of investigations the Inspector General’s office is undertaking. In particular, it lists this one: FBI’s ...
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3answers
576 views

Why aren't constitutional duties legally binding in India?

Why are the Fundamental Duties mentioned in the Indian Constitution not legally binding? Also, is there not a need to make them so?
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2answers
213 views

Are 'state religion' and 'official religion' the same things?

Are 'state religion' and 'official religion' the same things? For example, Pakistan has state religion while Sri Lanka has official religion. On https://en.wikipedia.org/wiki/State_religion , it ...
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4answers
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Are intrusions within a foreign embassy considered an act of war?

Are intrusions within a foreign embassy considered an act of war? Let's say that the U.S. breaks into the Chinese embassy in New York and decides to arrest a criminal whom the Chinese government had ...
6
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2answers
539 views

What exactly is "National Origin” with respect to US anti-discrimination laws?

In addition to the more familiar concepts of race, ethnicity, religion, disability, lawful immigration status etc., US anti-discrimination laws typically mention that it is also unlawful to ...
28
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4answers
11k views

Why are Kinder Surprise Eggs illegal in the USA?

In the USA, Kinder Surprise Eggs are banned by the government. What is the reason?
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1answer
135 views

Immunity from prosecution for heads of state

From what I understand so far, heads of state generally enjoy immunity from prosecution from the judicial system throughout the duration of their term of office. To give particular examples, ...
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1answer
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Could a Senator commit perjury if they swear the oath at the impeachment trial in the senate?

A Senator is on record of having explicitly stated "I'm not an impartial juror" in regards to the upcoming impeachment trial in the Senate. Another Senator said, "I am trying to give a pretty clear ...
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1answer
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Does removing the US president from office through impeachment affect the validity of the decisions they made?

What happens to changes made by the president of the United States after her/his impeachment? Will executive orders and such automatically be invalidated, put on hold upon revaluation, revaluated, ...?...
5
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1answer
316 views

A Spanish judge has jailed two key members of the Catalan independence movement. Have others been ever accused and convicted for sedition?

As of 16th October 2017, A Spanish judge has jailed two key members of the Catalan independence movement. As the BBC news reports: Jordi Sánchez and Jordi Cuixart, who lead prominent separatist ...
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3answers
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What would happen if a US president was put in prison?

What would happen if a sitting United States president was put in prison? Could such a thing even happen? Would he be removed from office before this, or could he even be sentenced for anything? Also,...
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5answers
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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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1answer
93 views

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

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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0answers
32 views

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 ...
0
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2answers
115 views

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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6answers
8k views

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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0answers
156 views

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 ...
0
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2answers
181 views

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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2answers
421 views

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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3answers
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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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2answers
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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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2answers
738 views

Are there many liberal democracies that use “the more favorable criminal law” principle?

This question is somehow a followup of this one (split suggestion). At the end of January 2017, Romanian Government (executive branch) made several changes to Criminal Law using a Government Ordinance....
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2answers
2k views

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 ...
3
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2answers
350 views

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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