Government Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Government.
February 19, 2015 By Kenneth Padowitz P.A.
In Missouri v. McNeely, the United States Supreme Court decided that a blood draw is a search which is protected under the Fourth Amendment.
February 16, 2015 By Daniel M. Copeland, Attorney at Law, P.A.
Many Florida residents who are ex-spouses of military personnel may be unaware that they may be eligible for benefits after they have been divorced.
February 8, 2015 By The Law Office of Russell S. Babcock
When I think of a judge imposing a federal sentence, my mind often drifts to the Wizard Of Oz and that little masked man standing behind the curtain.
January 27, 2015 By Kydalov & Partners
The largest part of all documents confirming one or another status of the foreign person by some country will require a further legalization according to current regulations of any other country, where a foreign national plans to work and/or reside in the future.
January 19, 2015 By Jay L Edelstein Attorney At Law
The U.S. Defense Department released its findings about the incidence of sexual assault and rape in our nation’s military. The report includes statistics from an anonymous survey and from reported incidents on file. According to the department’s results, the number of sexual assaults decreased over the past two years. In 2012, the survey found 26,000 victims of sexual assault in the military which decreased to 19,000 in 2014. These incidents are for unwanted sexual conduct including rape.
January 7, 2015 By Kenneth Padowitz P.A.
The insanity defense is one of the least successful defenses in a criminal case. The determination of the suspect’s mental state at the time of the criminal offense, as well as at the time of trial can be a challenging task; the defense actually has the burden of proof in Federal cases, as well as most State charges, in showing the defendant to be insane.
January 5, 2015 By Herdem Attorneys at Law
Law No 5201, Defence Industrial Security Law, dated 29.06.2004 is the principle document regulates the Turkish defence industry and set forth the legal framework of all classified military agreement, information, documentation, project, purchase, sell, manufacturing, research and development, storage of material or services, facilities to conduct those activities related to defence industry excluding the staff of and the facilities belong to Turkish Armed Forces.
January 5, 2015 By Herdem Attorneys at Law
The arms industry with over 600 modernization projects is booming in Turkey. The government policies in manufacturing and new offset regulations towards to domestic procurement ensure continuous transformation and development. The 2023 vision of the government is to be ranked in first ten countries in defense industry and to manufacture all ground vehicles, marine vessels and unmanned aerial vehicles domestically.
December 19, 2014 By The Law Offices of R. Sebastian Gibson
In January 2015 the Treasury Department issued regulations to establish banking relations and allow U.S. companies to export items for sale in Cuba without the trade barriers that have existed for decades. While some Republican leaders have criticized Obama’s actions, normal relations with Cuba are only a matter of time and the opportunities for attorneys representing American and European companies wishing to pursue commercial opportunities in Cuba have never been greater.
December 19, 2014 By Heygood Orr & Pearson
Individuals who have developed mesothelioma cancer, asbestosis, lung cancer, or other diseases linked to asbestos exposure may be eligible to file a lawsuit and receive compensation for the injuries and the cost of medical care.
Russian president signed a decree on November 24, 2014 "On the collection of biometric personal data of foreign citizens and stateless persons." According to the decree on December 10, 2014 will be introduced the collection of biometric personal data of foreign citizens and stateless persons when making visa to enter Russia or transit visa to travel through the territory of the Russian Federation.
A draft law on the proposed legislation enshrines the principle of reciprocity in relations between the Russian Federation and foreign states are considered by the State Duma.
The procedure for the payment of personal income tax on income for foreign employees has been clarified. Russian president signed a federal law on November 24, 2014 № 374-FZ "On Amendments to Article 50 and 56 of the Budget Code of the Russian Federation".
The Russian government has determined quotas for foreign citizens and stateless persons for temporary residence permits in the Russian Federation in 2015.
A New Procedure for Notifying the Federal Migration Service in Russia on Attracting and Using Highly Qualified Specialists
From 1 January 2015, the procedure for notifying authorities about attracting and using highly qualified specialists will be changed.
The State Duma was sent a draft law on mandatory biometric registration of citizens of Russia. According to the authors of the draft law, mandatory biometric registration will allow getting away from the practice of presenting identity documents and will allow solving problems in the law and in the social sphere in time.
December 11, 2014 By Abad & Asociados Abogados Y Economistas, S.R.L.
Included in the Draft Tax Reform of Income Tax Law for Non-residents is a significant modifying rule that could be described as a "second chance" to allow those non-residents who have not declared foreign pensions received to rectify the situation.
The State Duma had supported in the first reading amendments to the law on the limitation of entry into Russia for a period of up to 10 years for those who violate the provisions of their temporary stay in the country.
Federal Law dated 14.10.2014 N 299-FZ "On features for the application of certain provisions of federal laws and other normative legal acts of the Russian Federation, containing norms of labor law, in connection with the acceptance into the Russian Federation of the Republic of Crimea and the formation within the Russian Federation of new subjects – the Republic of Crimea and the federal city of Sevastopol "
Russian President Vladimir Putin signed a federal law limiting the participation of foreigners in the Russian media.
The Russian government has submitted to the State Duma a bill that provides compensation for the costs of relocating employees to other regions.
In October 2014, Armenia signed the Treaty of Accession to the Eurasian Economic Union, which already includes Russia, Belarus and Kazakhstan.
The Deputy Minister of Labor, Migration and youth of Kyrgyzstan proposed a simplified procedure in Russia, Belarus and Kazakhstan for citizens of Kyrgyzstan.
According to a bill signed by the President of the Russian Federation, foreign citizens of countries in the Eurasian Economic Union will be able to receive a pension in Russia.
Length of stay of foreign citizens in the territory of Russia will be reduced.
Public Chamber of the Russian Federation held a hearing to discuss issues on improving legislation of the Russian Federation in the field of migration control. Part of the hearing dealt with the basic provisions of the second version of the bill "On Immigration Control of the Russian Federation".
From 1 January 2015, citizens of CIS countries will enter the Russian Federation with foreign passports.
The Presidents of the Russian Federation and Mongolia signed an agreement on conditions of mutual travel of citizens of the Russian Federation and citizens of Mongolia.
On November 24, the President of the Russian Federation signed the Federal Law eliminating the need for foreign citizens obtaining a work permit in the Russian Federation who arrived via a visa-free regime. From January 1 2015 for the implementation of the work in Russia CIS citizens have to be issued a patent. The patent will allow the specified foreign citizens to work as for legal entities and for physical persons.
Currently, the Moscow City Duma is considering a bill to increase the value of the patent (the size of the tax on personal income, charged monthly) to 4,000 rubles.
Yes, it does happen. While the majority of those who are arrested at the international border with cars laden with narcotics know that of their illicit cargo, there are the occasional blind mules –those who were duped by strangers, business associates or even loved ones to carry the contraband.
A question of free market vs. government over-regulation to address the issue of environmental sustainability.
It is often said that obtaining a judgment in a California Supreme Court civil case is only half of the process. Once you obtain judgment, you have official proof you won the case and that the defendant owes you money or property. Now you have to collect.
Simplified Admission to Citizenship of the Russian Federation by Foreign Entrepreneurs and Investors
Russian Ministry of Economic Development has identified economic activities, the implementation of which the individual entrepreneurs and foreign investors are entitled to receive a simple Russian citizenship.
The intellectual property rights (IP) are conceptually is linked to both intellectual and industrial rights in Turkish legislation.
Collecting on a judgment even in ideal circumstances can often be a time-consuming and complex process, and that presumes the debtor is solvent, and doing business and/or making money. When the judgment enforcement against a debtor who is a company or legal entity, which appears to be (or is) out of business, the process can be considerably more troublesome and taxing.
Even under the best of circumstances a marriage can be difficult and often times will not work out. Being a service member whose duty at times requires overseas deployment for long periods of time can lend even more strain.
In a very recent case, the Georgia Supreme Court upheld the lower courts' decisions to allow a performance bond company (who had to complete a public works project) to sue the State of Georgia for its default.
Regulation of the Supervision on Medical Instruments was revised and published by the State Council of People’s Republic of China on Mar. 7, 2014.
In Turkey, many of the governmental authorities shall apply to procurement of goods, services or works under Public Procurement Law #4734 (PPL). In the same manner, the contracts in public purchase of goods, services and works refer to this law’s “contract principles” indicated in the Public Procurement Contract Law (#4735) (PPCL). But it had better to lay emphasis on an exception for defense issues under law#4734.
Directorate General of Civil Aviation the regulatory body of civil aviation in Turkey, has promulgated a new Directive on aircraft nationality and registration marks on 12 September 2014 aiming to meet the requirements of Annex-7 of ICAO that will be applied to all existing registered or future registered aircrafts on DGCA registry.
A nation has six major elements of its nation-oriented power that are based on politics, economy, psycho-social issues, military capability, manpower and the geostrategic location. These bring more flexibility in countries’ regional strategy and add value for superiority in its region.
By STA Law Firm
Feeling blue or are you seeing red because you are turning green with jealousy at the neighbor’s new car? Colors are not only used to describe the emotions we feel, but they are imperative in our world. Universally red means ‘stop’ and green means ‘go’ and traffic lights across the world send this message. It should come as no surprise that colors hold a great importance and are increasingly used as trademarks (color marks) in the marketplace.
Should a property owner have to get a coastal development permit before he can close the gate to his private property? The Surfrider Foundation thinks so, and if it wins its current lawsuit against Vinod Khosla that could soon be the law of the land in California.
Reverse mortgages can be a good option for homeowners at or near retirement age in need of additional income. But there are strings attached. Read on to learn what you need to know before starting the process.
In today's cut-and-paste world, even leading contract attorneys make mistakes. If you want to make your contracts easier to read and promote a problem-free project, then consider implementing some of the changes which we have suggested here.
A strict Voter ID law was struck down in Wisconsin, just as Virginia prepares to implement its own similar law.
Last week, the Georgia Court of Appeals rendered a decision which is detrimental to subcontractor who do not thoroughly read and understand their construction contracts. The contract included a provision which made the individual signing the contract on behalf of the subcontract company personally liable for the contract's performance. The court permitted this provision to be enforced against the signatory.
European Union and the United States are currently negotiating the biggest free trade agreement in history. If concluded the new agreement will create a free trade zone that will include more than 800 million inhabitants as consumers and together with the United States will consist of 29 substantial economies that can muster the 37 % of the total world economic out put.
The Supreme Court’s Decision in Susan B Anthony List v Driehaus -a Victory for Civil Rights Plaintiffs
Say that you need a permit to pursue your chosen occupation, but you believe that the costly administrative procedure to acquire said permit is unconstitutional. You have been ticketed for operating without a permit, and have every reason to believe that you will be ticketed again, but you have yet to be arrested and thrown in jail. Can you bring a suit alleging the law to be unconstitutional, or do you first have to be arrested or submit to the costly permit procedure before you can sue?
One of the most intricate aspects of the United States' export regime that regulates the export of defense related items is the issue of re-export of the U.S defense items to the third countries. Since the issue has beyond commercial ramifications related with national security, it has been one of the most strictly regulated areas of the U.S export regime.
By Brown, PC
U.S. taxpayers hiding assets abroad should take note of the Internal Revenue Service’s plan to sharply increase penalties for such acts, while those who unintentionally fail to disclose offshore accounts will experience much more leniency.
International Traffic in Arms Regulations (ITAR) is one of the key components of the United States‘ export regime regulating the defense related items and the items that have dual use features.
Since its inception in 1919 the American Defense industry has been one of the key industries of the United States where stringent regulations have been in place given the critical nature of the industry for the national security.
The economic relations between European Union and the United States have been far from smooth. Even during the Cold War, when the two economic powers were supposed to be on the same side of the Cold War divide, rows occurred that led to a serious political tensions.
Invoices released to business and public entities are now an executive title in Albania.
As part of its personnel management directed by Congress, the Navy is using civilian misconduct as a indicator for discharging persons.
Shanghai has raised a series of livelihood-related security and treatment standards since April 1st, 2014, including the standards of minimum salary, unemployment insurance benefits, employment subsidies and employment injury insurance as well as disbursement ceiling of the overall fund of basic medical insurance for urban employees.
United States v. Tweel is the most famous example of a motion to suppress in a tax case. In Tweel, the Fifth Circuit Court of Appeals held that it constitutes trickery, fraud, and deceit for the IRS to conduct a criminal investigation under the guise of a civil examination. Because of how fact-sensitive the holding of this case is, a recitation of the facts is necessary.
A large portion of the whistleblower lawsuits that are filed are related to the healthcare industry. The government funding of Medicare and Medicaid has lead to the large number of complaints related to healthcare fraud.
To say that the situation in Nevada between federal officials and cattle rancher Clive Bundy has gotten out of hand would be an understatement.
I often hear the same questions over and over again related to specific injuries or aliments and whether or not they qualify a person to receive Social Security Disability benefits. This article deals with the question "Can I Get Disability For PTSD?"
The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted to assist the government with discovering financial fraud. A recent SEC whistleblower received a $14 million dollar reward for reporting a real estate scam.
Every monthly meeting the California Coastal Commission releases a list of bills in the current legislative session that it is supporting. It can be a time consuming effort to review all these bills, but sometimes you find a gem that sheds light on the nature of the Commission’s long-term goals, and the read becomes worth it. Last week, the Commission’s monthly report was well worth the read.
Broadcasting and telecommunication has come a long way in Nigeria. Formally these services were considered social services in nature hence private companies were foreclosed from participation of any kind. This article will explore these procedures, conditions for grant, refusal, renewal and withdrawals of these licenses.
A whistleblower will receive $63.9 million for providing information to the government that lead to a recovery.
Greek government instated a procedure to obtain permanent residence permits, which can be renewed every five years, for third-country citizens who own real estate in Greece of minimum value €250.000, adopting a friendlier stance towards those who wish to own real estate property in Greece.
Our practical guide to real estate in Greece covers the entire spectrum of legal and tax issues which arise in practice when purchasing, managing, utilizing, developing and reselling property in Greece. It is addressed to both Greek nationals and foreign citizens of other European and non-EU countries who have a practical interest in legal and tax matters in Greece, with the aim of facilitating entrepreneurship and more generally the access of foreigners to the Greek market.
Piracy is a prevailing problem with no reasonable solution in sight. How safe is your ship or consignment passing through the seas surrounding Malaysia and what laws apply to this region?
Whistleblowers are now able to file certain complaints online. Whistleblower complaints that are overseen by OSHA can be filed online.
Whether the California Coastal Commission Eventually Regulates Fracking On the Outer Continental Shelf Will Have More to Do with Federalism than Science
A $6.5 million dollar settlement has been reached in a federal whistleblower lawsuit. There were allegations that a military contractor had submitted inflated bills to the government.
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.
Long -term care advocates and officials disagreed at a recent Assembly hearing.
Seeking social security disability because you can not work because of a headache is unique and very difficult. But there are certain things you can do to help your chances of winning.
A Los Angeles County assisted living facility has been ordered by a judge to pay a woman who was injured by a fall.
Appeals Lawyers Analyze Shelby County v. Holder and the Constitutionality of Section 4 of the Voting Rights Act.
The United States Department of Justice has provided the public with some information regarding recent whistleblower cases. In one of the cases there have been allegations made against Health Management Associates.
California Cities Can’t Avoid Constitutional Liability for A Taking by Dissolving their Redevelopment Agencies
For years local redevelopment agencies were the bane of private property rights in California. Until recently these agencies were clothed with the power to seize private homes through eminent domain and then give that property to private developers like Costco or Wal-Mart, all in the name of community development.
A California based nursing home operator has agreed to pay $48 million dollars in a settlement related to two whistleblower lawsuits.
Argentina: Tax Havens - Publication of the List of Cooperative Jurisdictions for Tax Transparency Purposes
The National Tax Authority (“AFIP”) published today in its “web” site the list of countries, jurisdictions, territories, states and special tax regimes which qualify as cooperative for tax transparency purposes (the “Cooperative Jurisdiction List”).
With a view to enhance corporate governance, facilitate business operations and modernise the legal infrastructure for incorporation and operations of companies in Hong Kong, a complex new Companies Ordinance (CO) was enacted and 12 pieces of subsidiary legislations on technical and procedural matters were introduced.
Italy’s Parliament approved a controversial law on Friday forcing tech giants like Google to sell advertising online only through Italian intermediaries, provoking anger from digital economy experts.
We have all heard about how interest rates might be going up when the economy is improving or how interest rates fall as the economy suffers. But how are these rates set? Who determines what the rates should be? What keeps interest rates from continuing to climb while the economy declines?
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.
The Securities and Exchange Commission has saved money to spend on it's whistleblower rewards program. It is likely that there will be larger rewards in the future as tips have increased recently.
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 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?
A recent decision by the United States Supreme Court could have a large impact on state laws relating to drunk driving. Many states, including Massachusetts, have what is known as an implied consent law. This law basically gives law enforcement the right to use blood tests or some other kind of test to determine drivers’ blood alcohol content. The reasoning behind the law is that drivers have given their consent simply by obtaining a driver’s license.
The arrests of two chemists at two separate Massachusetts crime labs earlier this year have raised a lot of questions over the validity of hundreds, if not thousands of convictions in the state. In the most recent case, a chemist is alleged to have tampered with evidence in drug cases, replacing illegal drugs with non-illegal substances according to Reuters. Apparently the chemist used the drugs for her personal consumption.
Turkey as a member of NATO and due to its geographic location has been allocated the highest funds from the budget to defense industry for many years. Today the total turnover of defense and aerospace industry is around USD 4,5 - 5,0 billion.
Each year, millions of Americans consume billions of gallons of water. The boom in the bottled water industry was fueled, in part, by beliefs that bottled water was cleaner and more heavily regulated than tap water. But then a backlash by others in the media showed that much bottle water was simply tap water in a bottle. So, is one form of water more heavily regulated and safer than the other?
Anyone who has done much travel has had to contend with delayed flights or cancellations. Though often unavoidable due to weather or conditions beyond the airline's control, the ones who usually suffer the most are the stranded passengers. So what are your rights if a flight is canceled or delayed?
According to the California Franchise Tax Board, the state is owed more than 6.5 billion dollars in tax revenue. Some contend that implementation of a whistleblower rewards program could help to bring in some of that lost revenue.
A Castro Valley assisted living facility was shut down by state social services last month. Patients were left with minimal staff to attend to their needs.
For years, frequent commuters have complained about the inability to use their electronic devices on planes. Several years ago, the restrictions relaxed somewhat, allowing the use of approved electronic devices while at cruising altitude, and a recent rule change will allow the use of electronic devices, even during takeoff and landing, in the near future. But, why were these things banned in the first place? Why can one still not make a phone call from their cell phone during a flight?
It may have been a decade ago, but the fallout of the accounting scandals of the late 1990's and early 2000's continue to resonate through both of the accounting and legal professions. The largely self-regulated accounting profession has enacted numerous changes that continue to evolve in response to the scandals and pressure from government agencies and the public.
The Obama administration has been cracking down on environmental regulations, particularly with regard to global warming. Faced with this increased pressure, the coal and electric industries are applying a new legal strategy they believe will allow them to take advantage of a loophole and prevent most EPA enforcement measures.
Detroit was one of the most heavily hit cities during the recent economic downturn. Although it has started to rebound, based in large part upon federal subsidies provided by the Obama Administration which many credit with saving the American auto industry, the city continues to deal with financial woes as it struggles through the larges Chapter 9 municipal bankruptcy in US history.
On September 19, President Barack Obama announced that Diane J. Humetewa was a nominee for the US District Court for Arizona. The nomination was made in response to widespread requests for representation on the federal bench of Native American interests.