Civil Rights Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Civil Rights.
August 4, 2014 By CSB Advocates
When purchasing a product in terms of the Maltese Consumer Affairs Act, consumers have clear-cut legal rights. The warranty provided by the supplier or the manufacturer cannot curtail or negatively affect the consumer’s rights.
July 29, 2014 By GRP Rainer LLP
In the case of larger transactions, including in particular the acquisition of companies, shares in companies or investment property such as real estate, a careful risk assessment is indispensable. This kind of due diligence review provides all the relevant information for the planned purchase.
July 17, 2014 By Oliveri & Schwartz, P.C.
Injured victims of crime can use civil lawsuits to seek justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.
July 2, 2014 By Hanover Law, P.C.
A strict Voter ID law was struck down in Wisconsin, just as Virginia prepares to implement its own similar law.
June 24, 2014 By Kassouni Law
California education employment codes found unconstitutional. Tenure struck down.
June 18, 2014 By STA Law Firm
The UAE Competition law published in October 2012 and aims at regulating business and trading entities operating within the United Arab Emirates. The Competition law safeguards rights and interests of consumers at large and also aims at maintaining market sentiments.
June 10, 2014 By Chung, Malhas & Mantel, PLLC
I rose to shake hands with my client and asked her to sit down. You see, at first I didn’t recognize her. It was only when I glanced down at her hand and saw the ring that I knew it was she. An old and now estranged friend had given it to her.
June 9, 2014 By ERP Lawyers & Associates
The Rulings of the Protection of Personal Data Information Law were enacted on March 5th, 2013, which entered into force on the same date. This new regulation pretends to ensure the implementation of the above-mentioned law, by assigning the “Agencia de Protección de Datos de los Habitantes (PRODHAB)” as the competent authority to hear complaints, being responsible for implementing this new liability regime.
May 27, 2014 By CSB Advocates
On the 13th May 2014 the Norwegian Consumer Council lodged a complaint against Apple with Norway’s Consumer Ombudsman. According to the complaint, Apple’s iCloud service violates European consumer law by allowing Apple to change its terms and conditions at any time without giving notice to its customers.
May 26, 2014 By Al Rowaad Advocates & Legal Consultancy
The payment of the cheque (check in American English) should not be conditional. Whereas, if the payment of the cheque was related to some conditions, and those conditions were not fulfilled, the cheque will still remain due on its date
May 26, 2014 By Al Rowaad Advocates & Legal Consultancy
Cheque (Check in American English) is a replacement for money. It is one of the most common methods to execute payments especially in commercial transactions. Since a cheque is meant to replace money, people must have trust in it. Therefore the UAE penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime.
The Change Of Company Object Of A GmbH (limited liability company) Can Be Considered A Re-establishment
On 03.06.2012, the Federal Supreme Court (BGH) held that the resumption of business operations associated with a new company object should be classified as an economic re-establishment. This must be disclosed to the court of registration; otherwise liability was likely to arise.
Since coming into effect in the year 2000, the Labour Court Acceleration Act changed procedural rules of the Labour Court Act, but also set down an important new provision in substantive labour law. Its goal is to simplify and speed up labour court proceedings.
Trade agents contractual commission regulations can be ineffective if they are contradictory according to § 307 para. 1 sentence 2 BGB (Federal code of law).
Prospectuses on investment opportunities are designed to provide investors with essential information for their investment decisions. Therefore, the prospectus must fully and accurately inform potential investors or purchasers about all circumstances of the offered investment model that are relevant or may be essential to his or her decision. In the case of negligence, improper or fraudulent misrepresentation in a prospectus, liability for the prospectus might arise.
In this present case the Federal Court of Justice of Germany was concerned with the question of the shareholders’ liability in a GmbH in case of an economic re-establishment.
Two-person Ltd Liability Company: Requirements for the Dismissal of One of the Two Managing Partners
An important reason for dismissal and immediate termination of the service contract of managing directors of limited liability companies who are shareholders is given when the relationship between the two directors is profoundly disrupted and a normal cooperation is no longer possible. Prerequisite is that the managing director to be dismissed has significantly contributed to the discord. The fault or even preponderant fault of said director is not required.
When a federal judge ruled that a voter ID law citing it violated the U.S. Constitution’s guarantee of equal protection, they upheld the rights of all in the face of political motives.
A common law system (one where previous court opinions define the meaning of the law) can be very useful. It can also result in some rather bizarre arguments being taken seriously, and even garnering the support of some members of the Supreme Court. Case in point: the plaintiffs position in Schuette v BAMN which the Supreme Court decided this week.
Trade agents contractual commission regulations can be ineffective according to § 307 para. 1 sentence 2 BGB (Federal code of law) if they are contradictory.
In the wake of new turmoil in eastern regions of Ukraine, the European Union has decided to expand the list of sanctioned persons subject to a freezing of their assets. Irrespective of a number of exemptions provided for in the relevant EU Regulations, the sanctioned persons have the possibility of challenging the freezing measures before the EU Courts in Luxembourg.
In terms of the overall responsibility, a managing director is also liable for the income tax of employed workers that is not paid to the tax office.
Since 01/05/2000, the Labour Court Acceleration Act is in force, a law to simplify and speed up labour court proceedings.
Combined offers are when merchandise, often of high quality, is offered at an extremely low price and only in connection with the purchase of a main product. This sales method is increasingly used by some companies as a marketing strategy.
The contractual commission regulations of trade agents can be invalid if they are contradictory.
Trust is good, control is better. This is especially true when making the first delivery to a new customer. A lawyer can support your company by assessing customer creditworthiness. Experienced lawyers will also discuss strategies to protect you against the risk of default.
The Texas Debt Collection Act and the Federal Fair Debt Collection Practices Act prohibit debt collectors from taking certain actions when dealing with alleged debtors. They also provide remedies for people when collectors fail to comply with the statutes. This article is to help you determine whether a debt collector has violated the law and what you can do about it.
A legatee is only entitled to restitution of a legacy gifted during the lifetime of the testator under special circumstances.
If a franchisee is not informed that turnover projections are based merely upon estimations then it is entitled to damages claims with respect to the turnover figures that have not been achieved.
Going to prison should not mean the end of someone’s potential. However, upon re-entering society, many released prisoners find fewer opportunities than when they entered the prison system.
Advisors must elucidate mistakes or information gaps in leaflets; otherwise, there has been a consultation error. The burden of proof for the disclosure lies with the advisor.
The Personal Data Protection Act (PDPA) of 2012 governs the collection, use and disclosure of personal data by private organisations. It establishes a Do Not Call (DNC) Registry, which came into effect on 2 January 2014. Here are five things you need to know about the DNC.
Termination by regular notice of an employment relationship is effective if the employee makes use of an illegal accounting method to increase his earnings.
Incomplete Disclosure Regarding Refunds With Respect to Ship Funds MT “Margara” – Capital Market Law
The Regional Court of Hamburg awarded damages to an investor of the ship funds MT “Margara” because the latter was not informed about refunds.
Circumstances may lead to the termination of a compliance manager when it comes to monitoring measures taken with regard to an employee.
If false information is provided or erroneous guaranties given in the context of a share deal, liability on the part of the managing director(s) is possible.
A manufacturer should reasonably accommodate the needs of the distributor worthy of protection and not contravene its interests without justifiable cause.
Where there is a public testamentary deed, the land registry office can correct the land register even in the absence of a certificate of inheritance.
The Hamburg Labour Court recently ruled that the strong suspicion of credit memos belonging to a business being used for private purposes can justify an extraordinary dismissal.
In Europe, online sales are set to reach 191 billion Euro by the year 2017. Faced with these numbers, businesses simply cannot afford to pass up the opportunities presented to them by online channels. Neither can they afford to remain in the dark about developments in the e-commerce regulatory sector. The ever-changing landscape of the world market necessitates a fast reaction time and a keen adaptability for businesses to remain relevant.
A series of federal and local laws were developed with the purpose of regulating relations and ensuring the stability of transactions and the safety of society.
In California any taxpayer can bring a lawsuit to stop the implementation of a law that she believes is unconstitutional provided that she is a resident taxpayer of the area affected and public funds will be spent to implement the challenged law.
Appeals Lawyers Analyze Shelby County v. Holder and the Constitutionality of Section 4 of the Voting Rights Act.
Appeals lawyers assess Underwood v. Mackay - whether occupational licensing applicants must submit to all licensing procedures and be denied a license before they can challenge the constitutionality of those procedures in court.
The rise of civil asset forfeiture as a means of increasing government revenues.
Eminent domain lawyers analyze California cities seizing underwater mortgages through eminent domain.
When facing a contested divorce situation, husbands and wives are tempted to record each other with the hope to improve their individual divorce outcome. This article is a reminder that while your high tech gizmo may enable you to intercept some valuable dirt on your ex, privacy law likely prohibits it.
Ministry of Health of Ukraine (hereinafter - the Ministry of Health of Ukraine) issued the Order № 696 from 06.08.2013 that approves hygiene requirements for infant formula products (hereinafter - the hygiene requirements).
In our modern, connected age, it seems everyone has a tablet or laptop computer that they use on a daily basis. These computers usually have built in webcams and microphones which, while very useful for legitimate purposes like video calls, can also be a vehicle for embarrassment, identity theft, and spying on your most intimate moments. So, what does the law have to say about using someone's webcam or computer microphone to spy on them?
Operating a purely informative website is not to be regarded as a business transaction, not even when it contains a link that points to the page of an online shop.
The Superior Court (OLG) of Schleswig, in a decision of August 13, 2013 (File number: 1 U 24/13) ruled that an “under the table” worker is not entitled to claim contractual fees from his presumed contract partner or under a “special arrangement”.
In his final submissions of November 26, 2013, the Advocate General at the Court of Justice of the European Union (CJEU) explained that Internet providers may under certain circumstances be required by law to block websites that infringe copyright (File number: C-314/12).
Notwithstanding the reasoning, companies in China have yet another amorphous compliance bugbear to obey. Given the inconsistent state of existing data privacy rules and recent dicta that position personal data at the epicenter of the data protection maelstrom, one might think it counter-intuitive, if not disingenuous, that there is no legally authoritative definition of “personal data” under Chinese law.
Much of what most people know about the American justice system is derived from television and movies. Unfortunately, these are entertainment and not as focused on conveying the truth about the legal system as delivering a compelling story. Even the news has a tendency to “spin” the truth in a way that makes it more interesting to the audience in order to increase the audience. As a result, here are 5 common myths about the American justice system:
Ever stopped and wondered where your various household goods came from? Not just the country of origin, but who actually worked to produce it? Most products, even those from other countries, are produced by adults, and though their standard of living may be different than that of their counterparts in America, they are working of their own free will. However, some products and services, even today, are still being produced by children and forced labor.
Traditionally, one benefit of marriage was being able to share in a spouse's employment benefits, like health, vision, and dental insurance. Unfortunately, many same-sex couples have struggled for years to receive the same level of benefits and even the right to be married. With more and more jurisdictions recognizing same-sex marriages, are employers now required to provide same-sex couples with the same level of benefits as heterosexual couples?
The arrival of 3D printing technology has led to some amazing new possibilities for things like replicating broken parts, creating amazing works of 3D art, and manufacturing entire items from patters found online. But, as is usually the case with any new technology, someone finds a way to use it for something sinister. Several creators invented 3D printed plastic guns and made plans available online. But, are these 3D printed plastic guns legal?
Following the terrorist attacks on 9/11, the U.S. federal government enacted a number of measures meant to combat the threat of terrorism on American soil. Among these measures was the implementation of the No Fly List, created and maintained by the Terrorist Screening Center (TSC). Often the subject of jokes in TV shows and movies, many wonder what it really is and how it works. So, how does the U.S. No Fly List actually work?
In order to find ways to prevent terrible acts of violence from guns, and to reconcile those acts with our deeply-ingrained gun culture, we must first make steps to understand that culture.
Since the dawn of civilization, there has been an ongoing philosophical and political debate about who or what can legally be considered a person. Traditionally, this took on the debate of whether certain human minority groups should be afforded the same rights and obligations as those in power. But, the debate has shifted in recent years to one involving non-humans. So, what makes a “person,” legally speaking.
Finding someone who does not have a Facebook, Twitter, Google+, LinkedIn, or other social media profile is getting harder to do. Granted, there are still a few stalwart holdouts, but the vast majority of Americans use social media everyday (in fact, you may have come across this article in your social media feed). With social networking such a huge part of our lives, are there any social media laws? How are common legal issues resolved when they occur in a social network?
Sharia law is the Islamic system of moral codes that govern all aspects of Muslim life. Since 9/11, a wave of anti-Sharia legislation has swept across America. But what is Sharia law, and is it really something that Americans should be concerned about? Is anti-Sharia law actually more dangerous to American freedoms than the moral code it seeks to prohibit?
Since its inception, the U.S. has been required to take military action of one sort or another under every president and administration, even before the United States of America had a Constitution. Since the creation of the U.S. Constitution, however, the United States has had laws regarding declaring war. Certain military actions can be taken without formal declarations of war, others cannot. So what are the laws regarding declaring war?
The dismissal for reasons of a long-time employee because of long periods of absence due to illness may be subject to strict requirements.
If photos are published without authorization, this is a violation of the right of owning one’s own image. The persons depicted are entitled to receive payment of a license fee.
A spouse has no right of inheritance if the other partner dies while divorce proceedings are underway and he/she has already agreed to a divorce.
California recently passed legislation that will help LGBT elders to receive respectful care in their twilight years.
Many have heard of people who hold themselves out as “animal rights activists,” but what does that really mean? Can animals really have rights? If so, how do they exercise them and what are they? Obviously they can not be the same as human rights or anyone who had a burger would be an accomplice to murder, so what is protected?
Many have wondered as they drive along the road and see signs for so-called Indian Casinos how this could be legal in a state that otherwise outlaws such forms of gambling? Others may have heard of Native Americans having their own tribal laws and police and wondered if these are separate and apart from the laws of non-Indians in the area. Do Native Americans have special rights that other American citizens do not?
In this modern digital age, it is often common for romantic partners, particularly those in long distance relationships, to exchange revealing photos of one another. These photos are often intended for the eyes of the receiver only. But, how can you be sure? What happens if you break up or the other person turns out to be less discrete than you had hoped? Is it illegal for someone to share those photos with others?
Have you ever wondered what the difference was between a human right and a civil right? After all, if some Americans had to fight to obtain civil rights as recently as the late 20th Century, what are all of these human rights we and other nations are enforcing in other countries through military action? Is there a difference between the two terms?
Unless a trademark delimitation agreement concluded between two competing companies for the marketing of a product states otherwise, no time limit applies.
Expert Opinion Comparing Handwriting In Cases Of Doubt As To Whether A Will Is Authentic And Holographic
Doubt as to whether a personally signed will is authentic and holographic can be removed with the help of an opinion comparing handwriting.
Most people have seen the effects of affirmative action in one place or another. For example, most job and school applications now ask a person's racial and ethnic background, gender, and veteran status. But what is affirmative action really, and why was it created?
Over the last decade, stories of shootings on college campuses have dotted the headlines. This has led many to call for legalizing the carrying of guns on campuses. Of course, this has also created a serious backlash against guns on campuses, leading many to ask if this is the answer or just a way to contribute to the problem. So where is it legal to carry a gun on a college campus?
Admit it, you have probably thought about it. What can you legally say to a cop and get away with it? Maybe an officer pulled you over on the wrong day, maybe you distrust cops, or maybe you just like living on the edge. Whatever your reasoning, you might be surprised to find out that getting a little mouthy is not technically an automatic one way trip to jail.
For those who have never been to prison, considerations of prison food are probably not high on the list of concerns about prison conditions. But, many a prisoner has suffered through daily rations of “nutriloaf” and probably has a very different take on the matter.
Often an argument raised by inmates or others who feel they have been wronged but are not sure what rights to call upon, the Geneva Conventions are frequently misidentified as the source of a variety of “rights” one does not have. The Geneva Conventions are actually a series of agreements, not a single document, and among the most misapplied by legal novices. So when do the Geneva Conventions really apply?
Obviously, going to jail or prison involves having one's rights curtailed. But, that does not mean inmates in the United States are without basic human rights. Even the most hardened criminal has basic rights protected by the U.S. Constitution. If you or someone you know may be facing incarceration, you should know your rights, or what your friend or loved one's rights are or will be while behind bars.
Incarceration of any kind is designed to be an unpleasant experience. But, the policies, rights, and daily life of an inmate can be very different between these two types of institutions. So, what is the difference between jail and prison.
To decide whether provisions under a partnership agreement are contrary to common practice, it is necessary to take all the circumstances into account that were relevant when the agreement was signed.
Frequently, we hear people refer to a right to privacy, and many surveys even show that most Americans even believe that it is a specific right under the Constitution (though they cannot agree as to which amendment it is). In reality, there is no amendment that specifically protects privacy, though it has been recognized in several U.S. Supreme Court cases.
Many have wondered whether body paint is sufficient covering to be considered clothing such that a person could not be arrested for public nudity. This question becomes popular particularly around holidays like Halloween, but has often come up with relation to art projects, political protests, and even sporting events. As with so many things in the law, the answer is unsatisfactorily vague.
The unfounded restriction of an employment relationship is impermissible even when it is longer than three years since the time-limitation.
For years, gay and lesbian couples have fought for the right to have their relationships legally recognized like heterosexual couples. Unfortunately, as with most civil rights movements, the march towards equal rights for those of different sexual orientations has been a long and difficult one. Nevertheless, several states have recently taken to recognizing same-sex marriages over the last few years, opening the door to a new era of equality for these individuals.
A trademark owner can enforce injunctive relief if a business uses a third-party trademark as part of its own advertising.
In the view of the Regional Court of Cologne, offering dental services and their prices via an online coupon portal constitutes anti-competitive conduct.
We have all seen police shows where, immediately upon arrest, a police officer begins telling the suspect “you have the right to remain silent...” The list of rights the officer is about to recite are known as Miranda Rights. So what happens if the officer does not read you your Miranda Rights at the time of arrest?
Employers must not deduct any vacation pay entitlement when releasing employees from their obligation to work.
The right to use a computer inventory control system depends in particular on the provisions of the franchise agreement and any amendments thereto.
Graffiti is an unusual topic in the art world. Several artists have become iconic for their graffiti art works, like Keith Haring and Banksy. But how does the law deal with the debate between free expression, art, and the crime of defacing others' properties?
While American women are generally treated with little distinction from men under American law, it has not always been so. Indeed, it is still not this way in many parts of the world. A recent survey of countries ranked the legal standing of women in various nations and compiled a list of the nations with the most legal distinctions between the rights of men versus those of women.
After decades of live fire exercises on the island of Vieques in Puerto Rico, the US government ceased to fire on the island in 2003. Nevertheless, the legacy of those training exercises linger on, and now a group of residents have filed a lawsuit against the US government claiming human rights violations.
Under certain circumstances, the grooves design of a case can be competitively unique and therefore constitute a performance outcome worthy of protection.
Banks and banking transactions take an important place in finance. With regard to provide the protection of confidence and credibility, the protection of bank customer secrets has become very important. Obligation of secrecy is based on the principal of protection of individuals private life by Article 20 of Turkish Constitution.
On Monday, September 16, 2013, Aaron Alexis opened fire in the Washington Naval Shipyard, killing 12 naval and civilian personnel before he was ultimately killed himself by law enforcement. However, much to the surprise of the general public, the weapon that Alexis used to kill 12 innocent people was legal, since when he purchased it, Alexis had no record of either a misdemeanor or felony conviction.
Secret Court Ruling Explains Government's Legal Justification for Warrantless Collection of Phone Data
Since the revelation by former government contractor, Edward Snowden, that the federal government had been spying on US citizens for years, the opinions of both the public and a number of elected officials have shown strong disapproval for this conduct.
A provision of the Affordable Care Act (also frequently referred to as “Obamacare”) requries that corporations of 50 or more employees must issue FDA-approved contraceptives as part of their health plan. However, a legal advocacy group has announced that it will ask the US Supreme Court to take up a Michigan manufacturing company’s challenge to the requirement.
In recent years, incidences of public nudity have increased. In some instances, this is innocent fun, like ritual moonings in Orange County, California, and worldwide naked bike riding events.
On a Saturday night in September, 2013, an emotionally disturbed man ran through Times Square in New York City mimicking the action of firing a gun at police. Believing in the heat of the moment that they may actually be under fire, the officers responded with actual bullets, hitting two innocent bystanders. Just a few months earlier, nine bystanders were hit by police bullets during a shootout with a disgruntled man who shot a former coworker in the financial district.