Civil Rights Law Articles

Maryland - May 18, 2012 - A new story recently emerged in the heated debate over gay marriage. Last week, Maryland's highest court held that courts in that state must apply divorce laws equally, and grant a divorce, for gay marriages that were legally formed in another state.

In an intense, heated basketball game, it is expected from players of both teams to express their emotions. It is considered normal for a player to express frustration on a referee’s call which he believes is contestable. In some instances, a player from the opposing team may instead keep mum whenever a heckling fan of the home team annoys him.

The Nigerian Constitution.

Under Italian law extradition is regulated by Law and international conventions. In general, extradition is the process whereby one nation or state (the requested state) surrenders a suspected or convicted criminal to another nation or state (the requesting state).

The rules that your business needs to know about promotional competitions in terms of the Consumer Protection Act 68 of 2008 (the Act). There are lots of ways for businesses, both big and small, to market and promote their enterprises. Advertising, free giveaways and competitions promoting new and/or existing products are among the more popular methods of putting a business name on the map.

In the matter of Silver Falcon Trading 333 (Proprietary) Limited v Nedbank Limited 2011 SACLR 44 (KZP), the court ruled on the application of the National Credit Act (34 of 2005) to large agreements concluded with consumers who are juristic persons.

Individuals and corporations have always traded freely under a variety of Trading As names. But under the new Consumer Protection Act, you will now be forced to register all trading names as business names as well. In the future you will only be able to operate using:

Has a stockbroker or financial advisor misled you, recommending a product or investment that proved to be unsafe or not suitable for you? A skilled securities fraud attorney understands these often complex issues, and will work to recover your losses.

Can my deposit be used for my last months rental and other obligations to the landlord?

Is it true that my tenant can in terms of the Consumer Protection Act (“CPA”) now cancel the lease by giving 20 business days’ notice, even if it is in the initial fixed term of the lease?

If you are in prison or headed for prison, make sure you know your rights. Unfortunately, prison officials are sometimes abusive and may interfere with your rights as a human being and a citizen of the United States. If you feel that your rights have been violated, contact an Atlanta criminal lawyer or the Atlanta branch of the American Civil Liberties Union to help you get your rights addressed.

In late January, the U.S. Supreme Court unanimously ruled to restrict law enforcement’s ability to use GPS tracking devices to follow the whereabouts of those suspected of crimes. The case represented an early test of the right-to-privacy in light of developing tracking technology.

Established to prevent a suspect from self-incrimination during the arrest and throughout the criminal process, the violation of a person’s Fifth Amendment rights can have a catastrophic outcome on the case. If you believe that your rights have been violated, or you want to learn more about your rights given by the U.S. Constitution, don’t wait any longer to talk to a legal professional.

This article outlines the basics of Maryland consumer protection law. The reader will understand how to effectively advise the client at the initial consultation. The Maryland Consumer Protection Act (CPA) is codified at Md. Code, Com. Law § 13-101 et seq. The CPA is very broad, and covers virtually any form of fraud that a business might commit or attempt against a consumer.

Pragmantic implications, applications & construction of the triplet provisions of section 143, 144 and 145 of the 1999 constitution vis a vis Nigerian constitutional democracy. - By Kayode Ajulo*

1. Introduction and Conceptual Clarifications - Human Rights - To give a generally accepted definition may be difficult to grasp but the whole idea of the concept is well known. Human rights are commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because he or she is a human being.

We’ve all heard the phrase “taking the Fifth.” A defendant in a criminal defense TV drama takes the Fifth in answer to a question as his Atlanta criminal lawyer glances from the stand. A friend jokes that she’s going to take the Fifth about what she was doing last night because her partner would be upset. But what does “taking the Fifth” mean?

On 10 October 2011, the European Union (EU) tightened its policies protecting consumer rights. In terms of the new EU Consumer Rights Directive, consumers' rights have been strengthened in all 27 EU countries by including a provision banning pre-ticked boxes on websites.

South African laws in the past have always been less strict on direct emailing than those of the US and Europe. Prior to the implementation of the Consumer Protection Act 68 of 2008 (CPA) in South Africa, it was legal to send unsolicited emails provided that:

Chapter 2 of the Constitution contains the Bill of Rights. Included in this chapter is the right to healthcare. Yet refugees in South Africa are often being refused medical care and services by government clinics and hospitals. The question that needs to be answered is whether this is lawful under our Constitution and the resulting legislation.

Over the last year, the Ninth Circuit and more than one California Court of Appeal have ruled on the constitutionality of California’s law directing police to collect DNA from an arrestee. In a First Appellate District Court of Appeal decision in California, People v. Buza (2011 DJDAR 11741), the court reversed Buza’s misdemeanor conviction for refusing to provide a DNA sample.

Breaking stories in the news over the past week have placed the auctioning business under a spotlight. In the past there weren’t many laws directly governing auctioning and it was a substantially unregulated industry in South Africa. However, with the advent of the Consumer Protection Act 68 of 2008, which became effective on 1 March 2011, the auction business was squarely brought within the ambit of the legislature.

A 68-year-old California woman is claiming to have suffered the injurious consequences of abuse while in a nursing home and has filed a lawsuit against the Orange County care provider. The woman, a retired preschool teacher, claims she was drugged in an attempt to restrain her so the nursing home could begin collecting her social security check. An attorney explains the laws the nursing home may have violated.

It can be tricky to separate law from politics. Some politicians claim sincerely to believe that any Act passed by the Scottish Parliament which provided for the holding of a referendum on Scottish independence would be unlawful. Some lawyers claim to agree with them. In Scotland, we are living in exciting times and the politics may be genuinely intriguing but is the law not actually, and drily, beyond any real debate?

In the past, South African laws have always been less strict on direct emailing than those of the US and Europe. Prior to the implementation of the Consumer Protection Act 68 of 2008 (CPA), it was legal to send unsolicited emails provided that:

The Credit Industry Code of Conduct arose out of discussions of the National Debt Review Task Team and is aimed at improving the debt review process to combat over-indebtedness. All persons currently registered and those which wish to register with the NCR as credit providers will have to acknowledge and comply with the Code as an integral part of the conduct by it of its business.

Someone uses your credit card to charge a Caribbean vacation. Or accesses your bank account and drains it of funds. Or uses your ID while committing a crime. Identity theft refers to a broad range of crimes, including misuse of your financial information, name, Social Security Number and reputation. Identity—it’s more than your name, it’s life as you know it.

It is a criminal offense, under Nigerian law, for any person to commit, threaten, promote, fund, assist or facilitate any act preparatory to or in furtherance of, or the actual execution of any act(s) of terrorism. It is also a criminal offense for any person or group of persons to seize, detain or attempt to seize or detain, or threaten to kill or injure another person (or property) as a basis to induce the release of a terrorist.

Accommodation booked, your itinerary perfectly planned, bags are packed and you are ready to go. You rush to the airport and the assistant behind the counter says to you in the most polite manner, "I am sorry, but the flight is full". You begin to argue, however, to no avail as there is "unfortunately, nothing that can be done". Sound familiar? For most of us, we or someone we know, has been the victim of a scenario similar to the one played out above.

Due process of law rights of government contractors who are denied work or public bidding rights due to “de facto debarment“ from federal, state or local government bidding or public contracting for alleged unethical conduct or due to bid or bidder non-responsibility determinations by a public agency on a government contract.

Over the past few years, even prior to the implementation of the Consumer Protection Act (68 of 2008) (CPA) coming into force, there has been a steady move away from the more formal use of language in the commercial legal environment towards the more "fashionable" use of simpler, colloquial language.

The Consumer Protection Act is predominantly focused on affording consumers the right to fair, just and reasonable terms and conditions (e.g. fair contract terms) and the right to fair value, good quality and safety (e.g. product liability).

South African laws in the past have always been less strict on direct emailing than those of the US and Europe. Prior to the implementation of the Consumer Protection Act 68 of 2008 (CPA) in South Africa, it was legal to send unsolicited emails provided that:

Police in Orange County and throughout California have a long history of respected service but also of problems involving misconduct, including excessive force causing injury or death. Understanding the rights and limitations on police officers is important. An attorney examines cases that recently occurred in the state to determine whether misconduct occurred and discuss the laws.

If you are arrested by the police, you are entitled to certain rights and liberties, no matter what you are being charged with or accused of doing. The code that outlines criminal rights in Florida stipulates that certain and specific procedures must be followed by law enforcement agents when you are arrested or taken into custody. Among those, the Miranda rights feature prominently.

Following a seemingly worldwide internet protest on the 18th of January 2012, support for the controversial ‘Stop Online Piracy Act’ (SOPA) and ‘Protect Intellectual Property Act’ (PIPA) stalled abruptly as eight members of Congress withdrew their support for the bills.

In Los Angeles, a lesbian couple has filed a lawsuit against the proprietor of a bed and breakfast in Hawaii, alleging they personally suffered injurious consequences as a result of the discrimination to which they were subjected due to their sexual orientation. The owner of the establishment claims her actions were protected under her First Amendment right to religious freedom. A lawyer examines whether there are limits to religious freedom concerning discrimination based on sexual orientation.

This article addresses the “paradox between peace and justice” that has emerged in discussions about the relationship between the International Criminal Court [ICC] and traditional forms of justice, namely the Acholi tradition of "Mato Oput" in Uganda. While its sees the merit of using a traditional system this article also points out the potential danger of using these mechanisms as an excuse to avoid moral and legal accountability.

Most township officials are aware of the importance of complying with the Freedom of Information Act (FOIA). Like a number of other areas of law, compliance with such a statute has become increasingly complex as a result of shifting interpretations by the courts. Learn more about the cases that have had an effect on the interpretation of the act in recent years.

The Los Angeles, California Metropolitan Authority (MTA) obtains funding from the federal government to provide its services. As such, it is required to comply with antidiscrimination provisions found in Title VI of the Civil Rights Act of 1964. A recent federal audit of the MTA suggests that it is not in compliance with the law, the impact of which has been felt on a personal level among local riders and civil rights groups, explains an attorney in California.

Unfortunately, many complaints filed by consumers alleging deceptive trade practices or illegal contracts involve senior citizens.

The article examines the relation between Church and the State in the Democratic Republic of Congo, and to what extent those relations conflict with the right to freedom of religion or with secularism principle.

The Hungarian Parliament has recently adopted a new act arguing that the provisions of the current data protection are outdated. Although the applicable EU directive is under significant review in the EU, the new Hungarian act still follows the old (current) EU legislation. The new act is called Information Act), and maintains the rigid Hungarian system of data protection and misses the opportunity to help foreign data processing.

For months now, financial districts and civic centers throughout the United States have been filled with demonstrators protesting economic and social inequalities. While police have targeted the crowds with canisters of tear gas, motorists have struck them with their cars, in some cases intentionally. Recently, in Oakland, California, two protestors suffered personal injury when a car struck them, prompting discussions about motorists’ liability in collisions with protesting pedestrians.

Studies in Oregon and California recently revealed that consumers have unwittingly been exposed to the chemical formaldehyde and its personally injurious health effects, explains a lawyer. Although marketed as “formaldehyde free,” a popular hair-straightening product contained amounts of the chemical in excess of the 2.0 percent considered safe by the Cosmetics Ingredient Review Expert Panel.

In a time and a society in which it would be difficult to find an individual who does not have continuous access to communications equipment, police departments are relying on the public to assist with investigations. In Los Angeles, the LAPD initiated a service that allows citizens to anonymously text tips about crimes in their neighborhoods. In Orange County, the 151 witness statements and videos concerning the fatal beating of a homeless man led to criminal charges for two officers.

A listeria outbreak linked to cantaloupes has affected people throughout the United States and spread to California. California has long provided broad protections to consumers who have suffered the personally injurious consequences of food borne illness, but the new case raises interesting questions concerning which parties could be held responsible for the outbreak, explains an attorney.

Over the years, bullying has received widespread media coverage. Some studies have shown that youths who behave aggressively are more likely to engage in criminal activity as adults, while others have indicated that bullying can lead to anxiety and depression and even drive some children to suicide. This tragedy and others have resulted in lawsuits, eliciting the question of who is liable when a bullying victim commits suicide.

Your personal injury attorney in Las Vegas and local consumer groups may have contributed towards getting faulty baby cribs off the market.

In November of 2011, a California appellate court ruled that the use of a taser stun gun could, in cases involving personal injury, qualify as excessive force in violation of the US Constitution. However, other court decisions have varied, suggesting that the law on the use of the taser is still evolving. Given that police departments, counties, and officers have been found liable in lawsuits brought by those who have suffered trauma from the devices, they should use them with caution.

In June of 2011, the Supreme Court reversed the 2004 California federal court certification of a class of 1.5 million female workers alleging they had suffered the personally injurious consequences of gender discrimination while employed at Wal-Mart. At the end of October 2011, Reuters reported that a similar claim was filed in California federal court. The cases raise interesting issues of whether gender and sexual discrimination cases are appropriate for class action litigation.

In September 2011, a California couple filed a lawsuit against the Trinity County Sheriff's Department for sending them into a dangerous situation. The couple had been contacted by a Sheriff's Corporal and sent to check on a neighbor who made a 911 call indicating she was in danger. They had not been warned of the nature of the distress call and, upon their arrival, were violently attacked. A lawyer explores how the couple will prove the police were liable for the personal injury they suffered.

In California, employees are protected both under the Family and Medical Leave Act (FMLA) as well as under the California Family Rights Act (CFRA). Both the FMLA and CFRA ensure that employees who need to take off work temporarily due to a family emergency or medical need do not lose their jobs or suffer other personally injurious consequences as a result, explains an attorney in the state.

It is not uncommon to hear news about age discrimination in the workplace in the United States, and this is maybe due to the fact that employers opt to choose younger workers.

With the present State of Emergency existing in Trinidad and Tobago coupled with the hundreds of citizens being wrongfully arrested under the Anti-Gang Act, we examine the civil remedies available to these citizens.

Brief note on Ethiopian Trade Practice and Consumer Protection Laws

The Stop Online Piracy Act (SOPA) is under attack. Users of the Internet’s most popular web sites say that the legislation is tantamount to censorship. This blog post provides a primer on this controversial piece of legislation and considers the delicate balance between copyright interests and free speech. By Kristen Knauf on 11/17/2011

A lot of people who use the internet have the need to protect their privacy. However, the internet is still so new that online privacy laws are still being written and modified.

Under most circumstances of an arrest, police are able to validly search a vehicle because the vehicle is considered an area within the arrestee’s immediate control. Officer safety and evidence preservation are implicated in such situations. Such a search is usually limited to the passenger compartment.

The transfer of technology was firstly regulated by virtue of the Egyptian Commercial Code No. 17/1999. The above mentioned Law regulates the transfer of technology issue from Articles 72 to 87. The provisions of the aforementioned Law shall be compulsory applied to any transfer of technology agreement that shall be implemented in Egypt.

Under most circumstances of an arrest, police are able to validly search a vehicle because the vehicle is considered an area within the arrestee’s immediate control. Officer safety and evidence preservation are implicated in such situations. Such a search is usually limited to the passenger compartment.

As is known, there have been numerous situations where audio and video recordings are taken in secret. Therefore, legal aspect of taking audio and video recordings in secret shall be examined.

Search and seizure law protects one of the fundamental rights for Americans. In fact, the Founding Fathers thought that search and seizure was so important that they put it in the Bill of Rights: the Fourth Amendment to the Constitution says that the police are not allowed to do unreasonable searches and seizures.

Cyprus was a British colony until 1960 and as such the Cyprus legal system was highly influenced by the English legal system and the principles of common law and equity were adopted by the legal system of Cyprus.

Know your customers’ rights, and protect your business…

During 2010 the National Credit Regulator together with various stakeholders in the credit industry, appointed a task team particularly to investigate the debt review process and to consider and formulate proposals to address problems identified in the debt counseling process pursuant to that investigation.

In light of the circumstances, numerous states have enacted "cyber stalking" or cyber harassment" laws or currently possess laws that specifically include electronic forms of communication within more traditional stalking or harassment laws. In addition, many states have enacted "cyber bullying" laws in reaction to issues related to protecting minors from online bullying or harassment.

Crimes committed against people because of their race, religion, national origin, sexual orientation or disabilities are classified as hate crimes. Hate crimes are against the law in the state of California and can be criminally prosecuted as either a misdemeanor or a felony offense.

Citing the Fourth Amendment’s right against an unreasonable search and seizure, the First District Court of Appeal in California ruled that collecting DNA samples from someone who is presumed innocent when arrested is unconstitutional.

Conversations and other conveyances of information between a client and his or her lawyer are considered privileged in that they are protected from disclosure during the discovery process. This protection is referred to as “attorney-client privilege.” Unfortunately, the client may inadvertently waive this privilege in certain situations. Moreover, communications via electronic devices and mediums may also compromise the attorney-client privilege, as a case in California recently illustrated.

The Consumer Protection Act (68 of 2008) has introduced a new era of substantially improved consumer rights for those doing business in South Africa.

Marketing and Advertising on the Internet is subject to the same laws as any other medium. Sometimes people do not follow those rules, and the FTC or State AG is involved.

The Consumer Protection 68 of 2008 (the Act) regulates, among other things, the fixed term agreement. A fixed term agreement is an agreement that is stipulated to endure for a particular amount of time. Common examples are cell phone contracts, gym contracts and many other subscription type agreements.

Ever since the California Legislature passed the Medical Injury Compensation Reform Act of 1975 (MICRA), plaintiff’s attorneys have been working hard to repeal or amend the law. It is patently unfair to cap a malpractice victim’s non-economic damages, and it gives doctors and healthcare facilities incentive to do a cost benefit analysis on human lives.

The technological advances that have accompanied the digital age have presented lawyers in California and elsewhere with new challenges when conducting discovery for civil cases involving personal injury and wrongful death, as well as criminal ones. This article explores how constitutional protections have further complicated the process.

A resolution stated that food prepared from transgenic products must contain this information on its label, whether or not there is proof that the products are harmful to health.

Many people rely on religion to have spiritual growth, but there are times when they are discriminated for their practices. In the United States, the government respects the creeds and beliefs of people who follow their religion. However, this is not always the case in some work places.

Texas Rule of Civil Procedure 42 specifically authorizes Texas citizens to bring class action lawsuits. A case cannot be pursued as a class action, however, until a Texas trial court determines and certifies that the requirements of Rule 42 have been met.

The Credit Industry Code of Conduct (the Code) is aimed at improving the debt review process in line with the commitment of the National Credit Regulator (NCR) to combat over indebtedness. It came into effect on 1 January 2011 and arose out of discussions of the National Debt Review Task Team. All those currently registered and those who wish to register with the NCR as credit providers will have to acknowledge and comply with the Code.

The Consumer Protection Act 68 of 2008 (CPA) sees the introduction of new legislation which consolidates the rights of consumers and attempts to promote a fair, accessible and sustainable market place for consumer goods and services.

Under EU law, when a national of a Member State resides legally in another Member State, his or her spouse is allowed to remain with him or her even when the spouse is not a national of an EU Member State.

Two years after it was signed by former President Kgalema Motlanthe, the new Consumer Protection Act is taking effect this April. The act will radically transform the way business is done and companies will have to make sure they adhere to this complex system of protections, which includes trading under registered names only.

Anyone who is familiar with the internet knows that when you do a search you get some results that are advertising.

What police must do to make DUI spot checks constitutionally permissible.

As recently as 2005, the question, if addressed towards the Ethiopian legal system, would have been real silly. Ethiopia, for one reason or another, adopted the continental legal system in its historic codification project in the 1950’s and 1960’s and hence codes (statutes or whatever name comes to your mind) issued by the legislature (and not by the courts) are sources of laws.

There is a false sense of security that takes place when we log on to the internet, our smart phones, or some other form of electronic communication. Many of us seem to think that our true selves are separated from these pieces of technology and that our words and actions are anonymous and floating somewhere through the netherworld of cell phone towers and W-Fi hotspots.

As a rule, administrative authorities, including the Taxation Authority, are subject to the Freedom of Information Act which broadly provides that every Israeli citizen or resident has the right to request and receive information from a public authority.

The Racial Justice Act, N.C. Gen. Stat. § 15A 2010, et. seq., passed by the North Carolina legislature in 2009, is important to maintain the legitimacy of our state’s criminal justice system.

In the first part of this series we discussed the legislation as it applies to labeling and advertising. In Part 2 we are looking at things to consider when packaging products in South Africa.

In this two part series we will examine the legislation that regulates the manufacture and supply of foodstuffs as well as product registration, labeling, composition of foodstuffs and the restrictions on certain nutrients in foodstuffs in South Africa.

Disclosure duties in the sale of real estate, and liability and damages for fraud, misrepresentation or the failure of sellers to disclose material facts affecting the value or desirability of real estate under California Law.

Houston Police Department, Harris County law enforcement gaining national reputation for police abuse and misconduct.

Fifth Circuit: U.S. Court of Appeals allows search of cell phone text messages without warrant, after arrest.

California Supreme Court allows search of data stored on mobile phone without warrant.

Retaliation is defined as the act of taking revenge or reprisal which is otherwise, to return like for like or repay an injury in kind.

A man named Veniamin Gonikman, who is 55 years old, has been captured and detained on charges that include human trafficking, forced labor, alien smuggling, money laundering, extortion and conspiracy was arrested at John F. Kennedy International Airport.

The transitional provisions are set out in Schedule 2 to the CPA. These provisions are designed to bring the CPA into law in an incremental process specifically designed to allow all those affected by the CPA to ensure that they are fully compliant with its provisions at the point at which it becomes entirely applicable.

December 1 is the date chosen to mark World Aids Day. The day encourages people to deal with prejudice and to create awareness about HIV.

In the Czech Republic, work is nearing completion on the revision of one of the most fundamental laws, namely the Civil Code.

The Shipley family of Staten Island may have to bury their son twice. Their son, a 17 year old high school student, died in January of 2005 in a horrific car accident and was buried.