Civil Rights Law Articles

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.

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.

Lavabit, a company that offers encrypted email services to its customers, has formally appealed the secret surveillance order that led it to close its business last month, but the case was immediately placed under seal in the 4th Circuit Court of Appeals.

It seems like the headlines are constantly filled with new stories of politicians quite literally caught with their pants down in scandals with prostitutes. This often raises the question of why we do not treat prostitution in the same was as pornography. Why is sex for money okay in one setting and not another?

Whether you believe the current administration's handling of the dispute in Syria has been well handled or not, and whether you are for or against intervention, the back and forth process provides interesting insights into the processes of both international and constitutional law.

You have been stopped, either in a car, in a public place, or walking down the street, and an officer asks you to do something you do not think you should have to do. This would probably be a request to search your person or vehicle. So, when an officer asks you to empty your pockets, allow a search of your car, or for some other consent to search, how do you say “no” without bringing on more suspicion and a possible arrest?

The marketing of dairy products whose name contains misleading information about places and regions of origin is not allowed, since it conjures up wrong connotations among consumers.

One of the most difficult situations for parents with special needs children can be ensuring that those children get the education to which they are entitled. Some children experience difficulties in school, ranging from problems with concentration, learning, language, and perception to problems with behavior and/or making and keeping friends. Others have more serious problems, including physical or psychiatric disorders, emotional problems, or learning disorders.

Considered by many to be the most important rights established by the United States Constitution, the First Amendment rights cover some of the most fundamental freedoms Americans enjoy. They include free speech, press, religion, petition, and assembly. These rights are fiercely protected but also not without limitation.

The quick answer is everyone is protected from employment discrimination. But, more specifically, who are the protected classes? Which businesses are subject to employment discrimination standards? What constitutes discrimination?

One very often used tool in the law enforcement tool box is the power to intimidate citizens into voluntarily giving up their rights, usually without even realizing they are doing it.

Of all human rights, privacy can be one of the most difficult to balance. This is exacerbated by the Internet where free, easy and voluntary dissemination of information is routine both in the business and privately.

In order to adapt the EU payments market to the opportunities of the single market and to support the growth of the EU economy, the European Commission adopted a package on 24th July 2013.

Information about same sex marriage in New York and the ways in which a family law attorney can assist same sex couples with their legal issues.

A “processing fee” agreed within the framework of general terms and conditions for a loan grant can potentially be invalid.

The New Guidance on Direct Marketing issued by the Privacy Commissioner for Personal Data provides practical guidance on data users’ compliance with the new regulatory requirements for direct marketing under the new Part VIA of Hong Kong’s Personal Data (Privacy) Ordinance which came into effect on 1 April 2013.

It is a fraud on consumers to create labels that do not accurately reflect the ingredients in a food item, including using “evaporated cane juice” to denote sugar content that is really no different than refined white sugar.

It has been confirmed again and again in the jurisprudence of the Federal Labour Court (BAG) that the potentially very tight deadlines in labour law must be imperatively adhered to.

Here some good advices regarding your behavior during a sobriety check by the police to avoid you being catch off-guards.

A company with limited liability (GmbH/Ltd.) can be established with commercial, non-commercial or non-material intended purposes.

If a businessman purchases a defective item from another businessman, he can demand the delivery of the defective item within the framework of his claim for supplementary performance, but not the reimbursement of any additional costs.

Corporation tax is a particular form of income tax that is paid by corporations, legal persons and estates.

A developer is someone who himself or through a third party has a building project implemented at their own or someone else’s expense and is legally and commercially responsible for this.

The dismissal of an employee on grounds of suspicion had been decided in the judgment dated 25 October 2012 (Ref.: 2 AZR 700/11) by the German Federal Labour Court (BAG).

The judicial proceedings against the haircut on Laiki and Bank of Cyprus’ depositors are ongoing. The objective of the applications filed for judicial review is to annul the governmental decrees by which deposits in excess of €100.000 in Laiki and BoC were subjected to massive reductions.

An employer who wishes to terminate an employee on the grounds of suspicion of a crime must pay attention to the argumentation presented in the employment tribunal process.

The people of Kingsford, Michigan need your help! I was recently contacted by an individual named Mark living in Kingsford who owns some type of pit bull mix. The city recently contacted him and ordered that a blood test be done on his dog to determine if the dog is a “pit bull.”

The seller of a house who fraudulently conceals an existing defect is potentially unable to plead an article of agreement excluding all warranties for defects.

In the United States, the US Constitution's 4th Amendment provides protection for US citizens from unreasonable search and seizure.

The protection of consumer rights is one of the great responsibility of UAE Government. By availing these services the consumers can save their money and time through long court litigations while having cost effective and prompt justice for them through dispute resolution proceedings.

In the EU, the “right of access” to one’s personal data has existed for over a decade. The US, on the other hand, seemed to be moving in a vastly different direction.

In order to avoid the danger of assuming an inheritance that is still to be taxed, the heirs should have the estate thoroughly reviewed with respect to its notification requirement.

It is not unusual for creditors to find themselves in the situation where debtors do not acquit their liabilities towards them and consequently the existing claims against them have to be compulsorily enforced.

Though many people today take advantage of modern technology and record meetings or conversations for their own purposes or preservation, it would behoove them to know about the liabilities listed in the New Jersey Wiretapping and Electronic Surveillance Control Act.

The Federal Supreme Court has ruled in its recent judgment (BGH, judgment of 19.09.2012 - XII ZR 136/10) concerning the determination of a claim for compensation of marriage-related benefits.

The Federal Supreme Court has decided (judgment of 07/16/2012, case No.: ZR 55/11) that an early reappointment of directors of a corporation may be possible.

The Federal Constitutional Court has ruled that the preference of spouses to registered partners for tax purposes violates the constitution.

The Federal Supreme Court has ruled in its recent judgment (BGH, judgment of 19.09.2012 - XII ZR 136/10) concerning the determination of a claim for compensation of marriage-related benefits.

The law of foreclosure provides creditors a lot of ways to enforce their claims against the debtor. Garnishment (the seizure of assets) is one of the most popular among them.

Those, who watch the real estate market, may note that after the crisis of recent years, new buildings began to appear in Kyiv again as rapidly as mushrooms after rain. The construction industry is slowly recovering and hopes to go beyond the 3% of the Ukrainian GDP.

The Higher Regional Court in Hamm has ruled: a will is usually deemed invalid when it has been prepared with the help of transcripts produced by third parties.

All the heirs are advised to check carefully whether an inheritance could fully or partially consist of so called black money.

The State Court of Tubingen has ruled that an online encyclopaedia falls within the scope of the freedom of the media in case of publication of articles about individuals.

Whether the candidate has eventually been prosecuted or not, is irrelevant both to the current interview and the potential future employer.

According to the transparency requirement it is illegal to formulate incomprehensibly clauses of labour contracts regarding voluntary additional payments by the employer.

Trademarks allow the proprietor to distinguish different product identifications from each other. This is why trademarks play a very important role in everyday life.

The director of a limited company has to make sure to have an extensive overview of the economic and financial situation of the company. Otherwise, he is not able to assume his responsibilities properly. This is evident from the recent judgment of the German Federal Supreme Court (BGH, II Reference Number 243/11 of the 19.06.2012).

In general a will in the original characterizes a valid proof of inheritance of a property. However, in individual cases it should be also possible to use a photocopy of the testament as a proof. This was decided lately by the Naumburg Higher Regional Court at the 3/29/2012 (Case No.: 2 Wx 60/11).

According to the transparency requirement set forth in § 305c p. 1 of the Federal Legislation of Germany (BGB), it is illegal to express ambiguously provisions of labour contracts regarding voluntary extra payments by the employer.

Ltd. companies can be accountable for bad investment guidance through a business with a similar name.

As a rule, a will in the original represents a valid proof of inheritance of a property. In individual cases, however, according to the Naumburg Higher Regional Court’s recent decision of 29.03.2012 (Case No.: 2 Wx 60/11), even a photocopy of the will may be deemed sufficient to prove the heir’s rights.

Bequest claims might expire at the conclusion of the year, because of legislation alteration of acquiescence using the inheritance reform. The actual inheritance reform by the new year has evolved. The particular issue and its rules could show its side effects the very first time this current year.

If for example, the main priority of a community trademark over a national trade mark is in question, the day of registration is applicable. The precise time of the brand registration should not be assessed.

When granting publishers exclusive rights, the photo-artist does not always lose the right to use individual photos of a series.

Heirs of tax evaders can eventually face prosecution, as lately tax investigation is more and more concerned about tax evasion.

According to the German Civil Code (BGB), at the moment of the company transfer the new company owner takes over the rights and obligations that result from the existing labour relations.

Even inheritors of tax evaders should eventually take criminal prosecution against them in account, since more and more tax investigations due to fiscal fraud were lately brought to light.

The Trayvon Martin case in Florida has received national attention on the Stand Your Ground law and now many states that have the Stand Your Ground law in place are looking at their current legislation regarding the Stand Your Ground law. However, the Stand Your Ground law has a rational basis and dates years back. This is a discussion on investigating self defense cases under the Stand Your Ground statutes.

In its Judgment of the 04.07.2012, the German Federal Finance Court (BFH) determined that the final income taxes to be paid by the legatee, in his quality as universal successor, on behalf of the legator on the year of the latter’s death, is a liability deductible of the legacy according to § 10 section 5 Nr. 1 of the German Inheritance Tax Law.

In its Judgment of the 04.07.2012, the German Federal Finance Court (BFH) determined that the final income taxes to be paid by the legatee, in his quality as universal successor, on behalf of the legator on the year of the latter’s death, is a liability deductible of the legacy according to § 10 section 5 Nr. 1 of the German Inheritance Tax Law.

Herzeine Inlandsch Reglement ("HIR") and Reglement Buiten Govesten ("RBg") do not regulate the provisions of changing of claim. The legal basis for changing of claim is regulated under Article 127 Reglement op de Rechsvordering ("Rv").

Exception, in Civil Procedural Law context, has the meaning as an objection. Exception can also be defined as a defense (plea) proposed by the defendant against the plaintiff’s claim.

Certain rights to indemnification could prescribe with the year’s end. Such a negative prescription would have extensive consequences on the creditor. If the prescription of rights has entered into effect, the debtor can refuse payment. Thus, rights to indemnification can become unenforceable by the creditor.

Inheritance claims may expire at the end of the year, due to a law change in accordance with the inheritance reform. The inheritance reform from 2010 has changed the limitation rules and could show its effects for the first time this year.

Attorneys and Disabled Clients - What Attorneys Need to Know When Setting Up The Initial Appointment - What attorneys need to know when working with disabled clients in Nashville, Tennessee and throughout the United States: Your law office just received a phone call from a deaf or hearing-impaired potential client. The potential-client is requesting a meeting to retain your services. The potential-client has also requested that you provide an interpreter for the meeting.

Service providers in the mobile and ICT sectors are currently calling for a review of the existing EU level framework concerning the protection of personal data. They have pointed out that the 2002 “ePrivacy Directive” and the newly proposed “Data Protection Regulation”, if left as they are, would create discrepancies in data protection standards that would be detrimental to industry, consumer and operator alike.

The aim of present article is to explain the specifics and the organization of the Bulgarian judicial system in regards to the civil claims. It does not concern the criminal and administrative cases. The judicial system in Bulgaria includes the following courts: • District Courts; • Regional Courts /Court of Appeal; and • Supreme Court of Cassation.

Up until recently, Skechers, USA has been profiting tremendously from the toning shoe craze that hit U.S. markets. With an estimated $10 million in sales from 2011 alone, the leading toning shoe manufacturer made billions in profit from the sale of potentially dangerous shoes.

This is an article on Nigerian Constitution. - From the inception of its current Constitution in 1999, Nigeria has been in search of a new one to put its federal system and general governmental structures in a more satisfactory form. The country was on the verge of complete disintegration when General Sani Abacha suddenly died on June 8, 1998, thus ending his five years of brutal and nihilist dictatorship.

This Q&A provides an analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and clients in respect of Corporate Immigration in Mozambique. This article is reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Corporate Immigration 2013, (published in August 2012; contributing editor: Julia Onslow-Cole of PwC Legal).

In the wake of Apple’s recent announcement of the iPhone 5, the Brussels based consumer standardisation group ANEC has expressed its “dismay” at Apple’s decision to market its new product with yet another new “stand-alone” piece of technology.

Under a “no-fault” attendance policy, an employee accrues one point per absence, regardless of the reason for the absence. After an employee accumulates a pre-designated number of absences, the employee is usually subject to increasing levels of discipline (a “progressive disciplinary policy”), ending with termination.

On the 20th of July, Boston mayor Thomas Menino sent Dan Cathy, President of Chick-Fil-A, a strongly worded letter discouraging him from expanding his enterprise into his city. Proponents of both figures hastily emerged to voice their opinions on this issue. It seems that the scale ultimately tipped in favor of Cathy, as evidenced in Chick-Fil-A’s record breaking sales in the aftermath known as “appreciation day.”

This article explains the Florida statutes that dictate an individual’s consequences if he/she is arrested during a protest or demonstration. When you’re in a crowd for a political, religious, or social gathering, your actions will be strictly observed and judged by the police. While this differential treatment is necessary for law enforcement to maintain control, their demands may seem ridiculous or irrational, causing many to disregard them.

Clients who were convicted of a felony often ask the attorneys at the Law Office of Randolph H. Wolf about their right to vote. In the United States, conviction of a felony carries collateral civil consequences apart from penal sanctions such as fines or incarceration. Thus, offenders may lose the right to vote, to serve on a jury, or to hold public office, among other things.

In a civil case, there are two parties as the plaintiff and defendant. If the plaintiff feels disadvantaged, then he/she would make the claim letter which is registered to the authorized local district court and by the district court, it would be sent to defendant. In the matter of the claim letter which has been registered by plaintiff, then the plaintiff may perform the amendment of claim.

Exception, in Civil Procedural Law context, is defined as objection. Exception can also be defined as defense (plea) proposed by the defendant against the plaintiff’s lawsuits material. However, the objection which is proposed in the form of exception is aimed on the formality requirement of a lawsuit, for example, if the lawsuit has a defect or formal violation which can cause the lawsuits tobe unlawful.

Full Article - Title VII of the Civil Rights Act and many state-level anti-discrimination and sexual harassment statutes prohibit sexual harassment in the workplace. There are two common types of sexual harassment: quid pro quo harassment and hostile work environment.

Probable cause is necessary in an arrest and conviction, keeping law enforcement accountable and unable to arrest just anyone. Regardless of this restriction, many people are wrongfully taken into custody and some of them even found guilty.

When a married couple decides to separate, they will be required to make numerous decisions regarding their future lives apart from one another. Some of the most highly contested decisions involve the division of property and the spousal maintenance that one spouse pays to the other. These decisions can become so heated that spouses have been known to use every bit of information to gain an advantage over the other.

A class action lawsuit is brought collectively by a large number of people who harbor the same legal complaint against the same defendant. Products liability is a common area in which class action lawsuits are commenced. In general, you don’t have to “join” a class action lawsuit to participate.

The aftermath of the 1974 occupation by Turkey of the northern part of Cyprus and subsequent division of the island is still keenly felt by citizens of both the Republic of Cyprus in the south and the Turkish Republic of Northern Cyprus (TRNC) in the North.

Pursuant to article 20 of the Malta Financial Services Authority Act (Chapter 330 of the Laws of Malta), the MFSA is required to appoint a Consumer Complaints Manager (“CCM”) empowered to investigate complaints from private consumers (as opposed to companies or enterprises) in connection with any financial services transaction involving a financial entity regulated by the MFSA...

One fact is that women are five times more likely to get osteoporosis than men. Physicians know there is no way to stop osteoporosis or to cure osteoporosis. Physicians do know that their patients can slow down this process by taking enough calcium, vitamin D, exercising, not smoking and limiting alcohol intake to no more than one glass per day.

You have undoubtedly heard the old axiom "Life's not fair." We all know that it's true. We would like to believe that on some level, things even out and that as society progresses, things will get fairer. Maybe it will someday. But, that day is not today as most LGBT couples know all too well.

Regulation of social media from a global prospective. Jan Dhont comments on transatlantic differences. Social media policies attempt to grapple with the impact that employee conduct online may have on the reputation, business interests, and legal obligations of an organization. They do this by guiding employees on appropriate online behavior and prohibiting certain conduct.

In the workplace, there are several different types of discrimination which employees could have to deal with. From age to pregnancy to religion to gender, employees could receive lower wages, be passed over for promotions, or be wrongfully terminated based on these issues.

Florida Statutes (2011) §§559.55-559.785, also known as the Florida Consumer Collections Practices Act, is designed to help protect consumers from illegal practices by collection agencies. Those who violate these laws could be held criminally as well as civilly responsible.

Dominican Republic has best legal framework for the Foreign Investment - Legal System - The Constitution of the Dominican Republic defines the government system as being democratic, republican and presidential. It also provides that the exercise of power is divided among three independent branches: executive, legislative and judicial.

Constitutional Law - International Passport: Power of Minister of Internal Affairs - Constitutional Law - Fundamental Human Rights: Extent of the powers of State Security Service - Constitutional Law - Fundamental Human Right: Freedom of Movement - Right of Nigerian Citizen to hold International Passport: Whether Absolute. The Supreme Court: Whither the Principles:

Two Privileges Protecting the Husband-Wife Relationship: Confidential Communications and Refusal to Testify in Criminal Proceedings - As we pointed out in a 2008 post, there are two marital/spousal privileges in Texas: the confidential communication privilege as defined by Rule 504(a) and the privilege not to testify in a criminal trial as defined by Rule 504(b) of the Texas Rules of Evidence.

Writing in the Pittsburgh Law Review, University of California Law Professor Edward J. Inwinkelried discussed in detail the history and legal parameters of evidentiary privileges. He opened his treatise with this observation: “From society’s perspective, the rules governing privileged communications, such as those between a client and his or her attorney are arguably the most important doctrines in evidence law.”

This article is an overview of the Minnesota Human Rights Act. The reader will learn about protected areas covered by this law and what actions are deemed unlawful. When the concept of civil rights is brought up, most people tend to think of broad, historical events like the civil rights movement, women's suffrage, and the Rodney King riots.