Government Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Government.
February 24, 2017 By Torres Law, PLLC
In 2016, Customs and Border Protection (“CBP” or “Customs”) processed $2.28 trillion in imports, levying 13 monetary penalties totaling over $30.6 million on importers for fraud, gross negligence, and negligence for anti-dumping/countervailing duty (“AD/CVD”) violations.
February 10, 2017 By M. R. I. Chowdhury & Associates
Bangladesh Government has made provision of registration of Marriage between Bangladeshi and Foreigner and also between Foreigners under The Special Marriage Act, 1872 which came into force on April-2012.Therefore, from April-2012 “Certificate of Marriage” of Bangladeshi and Foreigner received or issued from City Corporation or simply affidavit executed before the Notary Public or Magistrate Court shall have no legal effect according to The Special Marriage Act, 1872.
February 10, 2017 By Kushnick Pallaci, PLLC
Most contractors know, or should know, that if they are performing "home improvement" work within Suffolk County then they must have a home improvement contractor's license issued by the Suffolk County Department of Consumer Affairs. However, what few contractors realize is that three towns within Suffolk County have their own home improvement licensing process and requirements.
February 8, 2017 By Harold J. Gerr
Tragically, two people recently lost their lives after the batteries in their implanted heart defibrillators failed to function properly.
February 1, 2017 By Robert R. McGill Law Firm
An article about what U.S. Veterans in Civil Service jobs should know before applying for Federal Employee Disability Retirement benefits under either FERS or CSRS.
February 1, 2017 By Layfield & Barrett
Need to file a natural disaster insurance claim? Get all the information you need for a successful claim from our 15-step process.
January 16, 2017 By William C. Head, PC
Georgia implied consent law is outdated, flawed and incomplete. A Georgia DUI Lawyer must know how to challenge the admissibility of implied consent in pretrial motions, to help win the DUI case
January 12, 2017 By AB LexMall & Associates
Citizenship in Ghana is a question of law and is governed by the Citizenship Act, 2000.
December 19, 2016 By Ameli Inyangu & Partners
The constitution is a living document and cannot exist in a vacuum; individuals either as appointing officers or as ordinary citizens have a civic duty of upholding the rule of law and fostering constitutionalism.
December 12, 2016 By Nicoll Davis & Spinella, LLP
It is the fear of almost all employers – a key employee quits and begins to work for one of your competitors. Concerns rise, and the employer begins to assess the potential damage: What important information did the employee take? How is this going to impact my customers? Are my sales going to drop? Is my business in danger? If these are serious concerns, you will need legal counsel to obtain an injunction that prevents the employee from working for your competitor.
The Argentine Congress has recently passed the Public-Private Participation Law (the “Law”).
While Bangladesh does not legally recognize adoption and is not a party to the Hague Convention, the law allows its citizens (at least one parent must be a Bangladeshi citizen) to obtain legal guardianship of children. If a prospective adoptive couple is resident of a foreign country, they are able to complete the guardianship procedure in Bangladesh and then take the child through the adoption process in their country of residence.
For Texans, the effects of the North American Free Trade Agreement (NAFTA) are not only visible in an invigorated economy but also in the physical dynamic of increased commercial traffic.
The United States and Cuba marked another historic milestone recently when JetBlue Flight 387 sojourned from Fort Lauderdale, Florida, to Abel Santamaria Airport in Santa Clara, Cuba. Flight 387 was the first direct commercial flight between the two countries in more than a half-century. Six months ago, the two countries signed an agreement to re-establish scheduled air service between them, moving beyond the charter services that had been the sole direct flights for many years.
Corruption is a significant risk for companies doing business in Mexico: bribery is widespread, and business registration processes, including the obtainment of construction permits and licences, are negatively influenced by corruption.
The Texas Agricultural Land Trust has a new program to conserve Texas agricultural working lands, The Coastal Land Legacy Initiative.
The Texas Maritime Port System is an engine that is fueling both local and national economies.
Panama has a Corporations Act, which facilitates business and investment, so it is recommended to entrepreneurs take advantage offered by this type of society, when starting your business.
If a foreigner commits an offense by a vehicle not registered in the area of RA. Have you committed an offense by a vehicle not registered in RA?, do you think a video camera fixed it, but don't you receive the administrative act of offense?
The number of United States residents who are deemed to be Limited English Proficient (LEP) has substantially increased in the recent decades. A (LEP) person is one who does not speak English as his or her primary language, and who has limited ability to read, write, speak, or understand the English language.
Probation In Colorado In the state of Colorado, after a defendant pleads guilty or is found guilty of an offense, they are often placed on probation.
If you are selling or leasing your home, you must comply with the Real Estate Transfer Disclosure Law. That law requires that sellers provide the prospective buyer with a Real Estate Transfer Disclosure Statement (“TDS”).
What should law enforcement officers do if faced with a “non-criminal” mentally ill man being seized for his own protection, [who is] seated on the ground… hugging a post to ensure his immobility… surrounded by three police officers and two Hospital security guards, [who has] failed to submit to a lawful seizure for only 30 seconds”?
The Bundeskartellamt, Germany’s Federal Cartel Office, has imposed fines totalling 242 million euros due to illegal price-fixing agreements between manufacturers and trading companies.
U.S. Customs and Border Protection (“CBP” or “Customs”) determines the import compliance levels of importers through audits. Simultaneously, Customs audits are a highly effective revenue collection mechanism that ensure CBP promotes fair trade practices for American industry. The following article provides a general overview of customs audits and recent developments in this area.
On June 3, 2016, the Commerce Department’s Bureau of Industry and Security (“BIS”) and the State Department’s Directorate of Defense Trade Controls (“DDTC”) both published in the Federal Register final rules updating a number of definitions in the Export Administration Regulations (“EAR”) (81 Fed. Reg. 35,586) and the International Traffic in Arms Regulations (“ITAR”) (81 Fed. Reg. 35,611), respectively.
Compliance with the U.S. export control regulations is a significant issue for companies and their legal and compliance teams.
One objective of the Export Control Reform Initiative is to harmonize the definitions of terms or concepts that appear in both the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).
In North Carolina, footage from a law enforcement officer’s body or dashboard cameras is not considered a public record or personnel record according to a recently passed law that goes into effect October 1. North Carolina joins five other states—Florida, Georgia, Illinois, Oregon, and South Carolina— in making this determination.
The Department of Justice (DOJ) recently announced its creation of a new pilot program designed to encourage companies to voluntarily self-disclose Foreign Corrupt Practices Act (FCPA) violations in exchange for penalty mitigation.
On July 26 the Americans with Disabilities Act turns 26 years old. This civil rights act not only barred discrimination against those with disabilities but advanced services, accommodations and access across all public agencies.
Initially introduced in April 2015, the Trade Facilitation and Trade Enforcement Act (the Act), also known as the Customs Reauthorization Bill, was finally enacted in February 2016.
The United States government has maintained for some time a strict economic sanctions regime targeting Iran and a comprehensive embargo targeting Cuba. Both of these regimes were designed to deny those countries access to the U.S. financial system by generally prohibiting U.S. persons from engaging in nearly any transaction involving Iran or Cuba and their nationals.
On February 19, 2014 President Obama signed executive order 13659. This executive order titled “Streamlining the Export/Import Process for American Businesses” was implemented to modernize and simplify the way executive governments and agencies interact with traders.
The new Ukrainian law simplifies procedures on access to justice, provides fundamental reform of the judicial system of Ukraine pursuant to international regulations and standards and increases the independence of judges. Now Ukraine is entitled to recognize the jurisdiction of the International Criminal Court under the terms of Rome Statute of the International Criminal Court.
While often criticized, lobbying is constitutionally protected as free speech (although it comes with a price tag!) and occurs at every level of government. It's art more than science, requiring adroit persuasive talents and deep empathetic sensitivities, and shares skill sets with occupations such as public relations and management consulting.
By DiTomaso Law
On May 5, 2016, the Food and Drug Administration (FDA) passed legislation imposing rules on e-cigarettes after nearly ten years of the product being available to consumers.
Arrested for DUI? Is your license suspended? Your suspended license MUST be appealed. Georgia requires any Georgia DDS appeal to be filed within 10 business days, and this is a HARD deadline.
Many injuries occur between private citizens. Some cases involve businesses. These cases tend to be more straight-forward than cases in which the government is named as a defendant due to complex legal issues.
The Denver Post recently reported that applications for concealed carry permits have skyrocketed in Colorado this year. Some say this is a response to mass shootings, like the recent tragedies in Paris, San Bernardino, Colorado Springs and Orlando, others argue that this kind of increased access to weapons is part of the problem. Regardless of how you feel about guns, Coloradans should know what the rules are in our state.
It’s been a whole full working day and a weekend since the UK (well, just over half of those who turned out to vote) decided the UK should leave the EU. Following on from our recent article we look at what’s happened so far and what should, or could, happen next.
House Bill No. 1048 will add a section to the Indiana Code that makes it illegal for vehicles involved in an accident to remain on the road. As of July 1, 2016, crashed vehicles will be required to move off the road as quickly as possible.
When police suspect criminal activity is afoot, a police pursuit may give rise. While the law enforcement officer is attempting to capture a criminal, sometimes innocent people wind up injured because of such pursuits. When this occurs, questions arise as to the liability of the parties involved.
By Kassouni Law
California land use lawyers have filed suit against the Association of Bay Area Governments in an effort to preserve Californians' constitutionally protected property rights
It is the times really, crime fascinates our society, and the morbid curiosity for all things crime can be nauseating at extreme levels. The biggest culprits for the advance of this crime fascination are the media and cinema.
It's nearly half-way through the 2016 legislative interim and we’re right around the corner from the 2017 legislative session. For many, this is the perfect time to lay the groundwork for the next legislative session. What can you do to prepare for the next session? With the help of an experienced Texas lobbyist you can begin to prepare your legislation for next session, start a grassroots or media campaign for public support and find the right legislator to sponsor your bill.
New Rules at Bay: The New Public Procurement Contracts Law and Questions of Enforceability in the EU
The new 4281/2014 law which was published on August 8th 2014, already discussed in some of our previous articles, has not yet been applied due to recent developments on EU legislation. In particular, its purpose has been to form a new harmonized legal context which will regulate the public procurement contract procedure, as well as implementing European directives 2004/17/EC and 2004/18/EC on tender procedures.
Self-driving cars are one of the latest technological advances in the automobile industry. According to certain automobile companies, self-driving cars that require occasional driver intervention are only a few years away, and completely self-driving cars are not far behind.
"Parole In Place" for Family Members of U.S. Military Service Members and Former U.S. Military Service Members
The Attorney General has limited discretionary authority to grant parole to an alien who is in the United States without an immigration status. This exercise of parole is called “parole in place.”
The intent behind the Defense Export Control law, 2007 ("the law"), and the various regulations and orders enacted thereunder, is to regulate defense export on the grounds of national security, foreign policy, international commitments, and other crucial interests of the State of Israel.
Every year around the Fourth of July and New Year's, we get tons of questions about firework laws in Fort Worth. Given the hazard of fireworks, there are a number of Texas laws that control their sale and use.
The changes made by the Georgia Supreme Court in June of 2015 in regards to spoliation in the State of Georgia.
On April 22, the Illinois House passed a measure that would eliminate red light cameras in about 35 communities, but not in Chicago.
Invalid Clauses in Riester Retirement Plans – Unravelling Pension Schemes and Life Insurance Policies in Germany
Clauses in Riester retirement plans (government-subsidized private pension schemes) dealing with surplus sharing have been declared ineffective by the BGH (Bundesgerichtshof – Federal Court of Justice) (Az.: IV ZR 38/14). Consumers may also be able to withdraw from their pension schemes and life insurance policies.
Veterans, servicemembers and survivors may be eligible to receive VA disability benefits if certain circumstances arise.
Contempt of Court is a serious offense. A person can be said to be in contempt for being disobedient to or disrespectful towards any Court of law. The justice system is one of the most important pillars of a democracy and people failing to respect a Court, its process, directions, orders or decrees may have serious consequences in the long run if the practice spreads among the population.
Last month a federal magistrate judge in California ordered Apple to bypass the security protocols on an iPhone 5 that belonged to one of the San Bernardino shooters. This public order ushered in what has become a national spectacle, pitting the FBI and many Americans against Apple and Privacy proponents.
The consular and diplomatic protection's public law studied the interaction between the State’s law and the supranational legal orders
What should you do if you are being investigation by the military?
In the 1930’s smoking was seen as the “in” thing to do. Social and economic pressure was such that no-one knew or cared about the consequences of smoking. This was also true in the 1950’s and early 1960’s. Romania allowed this until recently.
Low level of energy efficiency is long and justified considered to be the number one problem of the Ukrainian economy. Therefore, the introduction of ESCO Act in May 2015 – «On the introduction of new investment opportunities, guarantee of rights and legal interests for businesses entities for major modernization of energy sector» is currently important.
The Defense Base Act is a federal workers' compensation program, which provides medical and wage-replacement benefits to military contractors injured while working on a wide variety of U.S. defense projects worldwide.
The Zone of Special Danger Doctrine has been the subject of numerous lawsuits under the Longshore & Harbor Workers' Compensation Act, and the Defense Base Act. What is it? How have the courts applied it to claims? Where did it originate?
Topical today remains an interest in public-private partnerships. In a broad sense, public-private partnership is seen as the interaction of government and business (one or more) for the funding and management of special state or municipal institutions in various fields.
Very fast growing number of foreign non-governmental organizations (“NGO”) operate in China. However, the laws regulating them are few, vague and inadequate. Currently, only the Regulation for the Administration of Foundations applies for NGOs to establish representative offices in China. As such, some of the existing foreign NGOs in China operate as business enterprises whilst others may even remain unregistered and thus unregulated.
On regional level, Cote d’Ivoire belongs to three major regional entities: The Economic Community of West African States (ECOWAS), The West-African economic and monetary Union (WAEMU). These countries share the same currency, the same central bank (BCEAO), and the same business law. The Organisation for the Harmonisation of Business Law in Africa (OHADA)
Cameroon is described as the largest economy of Central Africa because of its demographics (20 million), with an area of 475,442 km², and a diversified economy. As a state party to the Organisation for the Harmonisation of Business Law in Africa (OHADA) and the Economic and Monetary Community of Central Africa (CEMAC), Cameroon has adopted financial regulations enacted for the whole countries of CEMAC.
Ukrainian legislation does not establish a clear field of application and the use of electronic documents and e-mails in the business and common activities. Even professional lawyers do not have a clear answer for this question, because of that judges in court consider use of electronic communications (e-mail) as evidence arbitrarily. What do Laws of Ukraine say about electronic documents and e-mails?
Despite concerns from the Department of Transportation, police and a large number of respondents in a recent poll on truck safety, Congress is considering a bill that would allow trucks to increase in size and allow drivers to work longer hours without a mandated break.
By CTM Avvocati
In the last decade Italy has increased by more than 35% the number of spouses or children arrived in our Country that use the institution of family reunification Visa. About 1% of it concerns people that have multiple wives. Can these people get an Italian Visa for family reasons?
Exercise Your Right To Remain Silent. Generally when the police contact an individual who is suspected of a crime, whether or not the subject of that investigation has committed a crime or not, the best advice for that subject is to remain silent.
Jury nullification is making headlines in Denver and in particular in front of the Lindsey-Flanigan Courthouse, where activists have been distributing fliers about nullification and fighting charges against other activists who have done the same, since July of this summer.
“I believe at its heart, America is a nation of second chances, and I believe these folks deserve their second chance.” - President Obama
The short answer at this point is no. While an initiative was introduced earlier this year to permit public smoking in certain areas, activists just announced they are pulling the initiative from the ballot and seeking a more collaborative effort between themselves and local businesses in Denver.
The Amber Alert System was created in 1996 after the abduction of nine-year-old Amber Hagerman in Texas.
On May 11, 2015 the Responsible Dog Ownership Act was introduced in New Jersey by Democrat assembly members.
By DiTomaso Law
The Association of American Railroads claim stating 2014 was “the safest year on record for the railroad industry” is under scrutiny by train safety advocates. Five train accidents, including the catastrophic Amtrak train derailment in Philadelphia, have occurred this year.
In July of 2015, the Centers for Medicare & Medicaid Services (CMS) published proposed modifications to the Stark Law regulations [Section 1877 of the Social Security Act (the Act) (42 U.S.C. 1395nn)].
A new bill has been introduced to end forfeiture funding of the DEA’s Marijuana Suppression programs. The bill is a bipartisan effort to modify was has become a widely abused system of asset forfeiture from innocent citizens, who in many cases have not even been charged with any crimes.
On November 27, 2014 Law No. 5,134, which regulates lawyers’ and solicitors’ fees who work in the City of Buenos Aires (hereafter the “Law”), was published in the Official Gazette.
Much of my practice deals with defending individuals who import methamphetamine into the United States. Anyone who has practiced federal criminal law knows that the penalties are daunting. In many case a defendant would receive less time for attempting to escape and running over and seriously injuring a custom’s agent than for the charge of importation of methamphetamine.
That past legislative session, the Texas legislature made change to the eligibility requirements for Texas' Veterans Courts, introducing more discretion into the process. These courts are an important part of taking care of the veterans support our freedom by providing a diversion and treatment program.
For both local Romanian investors and also foreign investors interested in obtaining public contracts in Romania it is very important to be familiar with the local public procurement legislation, out of which the most delicate part is the one pertaining to the public procurement disputes.
When a four-month-old’s parents brought her to the Emergency Room at Tripler Army Medical Center in Honolulu, Hawaii on October 18, 2012, their infant had been suffering from an upper respiratory infection accompanied by labored breathing.
Provisions of the Advertising Law are detailed as regards limiting the sound level for advertisements entered into effect on May 25, 2015. Illegal use of intellectual property in advertising does not violate advertising laws. Stricter liability for credit institutions for violations in advertising financial services.
Bank Indonesia Regulation No. 17/3 /PBI/2015 on the Obligation of the Use of Indonesian Rupiah in the territory of the Republic of Indonesia (“PBI 17/3/PBI/2015“) is a new legislation enacted by Bank Indonesia which is based on the law that has been previously promulgated, namely Law No. 7 of 2011 on the Currency (“Law No. 7/2011“).
The new constitutional dispensation has given rise to the new faze that is impeachment of county governors.
According to the United States Supreme Court, the two- year and six- month time limits in 28 U.S.C.§ 2401(b) of the Federal Tort Claims Act (FTCA) "are just time limits, nothing more. Even though they govern litigation against the Government, a court can toll them on equitable grounds."
In 34th Session of the Supreme Council of the Cooperation Council for the Arab States of the Gulf (GCC) the council agreed that The Unified Judiciary law of GCC.
Property rates are a key revenue source for the Kenyan National Government.
Compliance and its relation to validity is one of the central points in the discussions related to the international law. H Kelsen stated that ‘the efficacy of law constitutes a condition of the validity of law’, where efficacy refers to ‘whether law is actually observed’ and ‘validity whether law must be observed’.
Over the last fifteen years Canadian tax law has undergone a remarkable evolution in the legal remedies available to assist in fixing tax mistakes. Over this period, tax rectification has developed from being virtually unknown, to being a potent addition to tax lawyers' arsenal of tools available to fix tax problems.
As options for television channels have increased, satellite TV has become a very popular alternative to cable. Unfortunately, to receive these broadcasts, one needs to install a satellite dish on the outside of a building, and this can lead to disputes. Thus, many ask “can anyone stop me from putting up a satellite dish?”
Every year, thousands of citizens in the United States decide that they would like to make a change in the way the country runs. To do this, they opt to run for office. Whether a local position or a national office, running for election can be complicated. What do you need to know in order to get your campaign started?
The American economy has changed quite a bit over the last few decades. One of the biggest changes over the last 100 years has been a shift away from small, family owned stores to the “big box” megastore.
When will the courts disallow the use of documents that have been fraudulently or mistakenly obtained? A recent case in the UK has given useful guidance on when ‘privileged’ documents could be used in the course of litigation.
The overhaul of federal sentencing law with the enactment of the United States Sentencing Guidelines, (U.S.S.G.) , had a noble but flawed goal The basic idea was that sentencing uniformity and therefore fairness could be achieved by reducing the myriad acts of criminal behavior and offender characteristics to a number.
Starting from May 1, 2015 a private party can submit a proposal to conclude a concession agreement in the established form.
If you have ever looked at a warning label on food or medicine, you may have noticed something that said “FDA Warning,” or “The FDA requires.” But what is the FDA, what does it do, and how does it enforce its rules?
Breach of contract claims — when one party sues another for failing to deliver on the terms of a written or oral agreement — are one of the most common business disputes in Florida courts today. Consequently, it is useful for Florida business owners to be aware of some of the common defenses for a breach of contract claim: