Government Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Government.
April 22, 2016 By Craig Long, LLC
The changes made by the Georgia Supreme Court in June of 2015 in regards to spoliation in the State of Georgia.
April 19, 2016 By Briskman Briskman & Greenberg
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
March 22, 2016 By GRP Rainer LLP
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.
March 18, 2016 By HG.org
Veterans, servicemembers and survivors may be eligible to receive VA disability benefits if certain circumstances arise.
March 17, 2016 By Counsels Law Partners CLP
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.
March 9, 2016 By Hebets & McCallin
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.
March 8, 2016 By Studio Legale Ferraro Guglielmi
The consular and diplomatic protection's public law studied the interaction between the State’s law and the supranational legal orders
March 3, 2016 By SRIS Law Group
What should you do if you are being investigation by the military?
February 16, 2016 By Hammond, Minciu and Associates
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.
February 11, 2016 By Aleksey Pukha & Partners
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?
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.
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.
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 km˛, 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.
“I believe at its heart, America is a nation of second chances, and I believe these folks deserve their second chance.” - President Obama
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.
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.
On May 11, 2015 the Responsible Dog Ownership Act was introduced in New Jersey by Democrat assembly members.
The Amber Alert System was created in 1996 after the abduction of nine-year-old Amber Hagerman in Texas.
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“).
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."
The new constitutional dispensation has given rise to the new faze that is impeachment of county governors.
Property rates are a key revenue source for the Kenyan National Government.
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.
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:
Transactions inside Russia with the use of international payment cards will be processed within the Russian National System of Payment Cards (NSPC)
Federal Law No.46-FZ “On amending the Administrative Offences Code of the Russian Federation,” increasing the administrative liability for unlawful use of land parcels (the “Federal Law”) was adopted on March 08, 2015, namely:
While the country has been focused on ISIS and issues with domestic espionage, the current administration under United States Attorney General Eric Holder has made three major changes in federal sentencing law.
In Missouri v. McNeely, the United States Supreme Court decided that a blood draw is a search which is protected under the Fourth Amendment.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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 question of free market vs. government over-regulation to address the issue of environmental sustainability.
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?
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.
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?
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.
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.
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.
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.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (commonly known as the “ATF”) is responsible for regulating guns in the United States. A current loophole allows individuals to obtain weapons such as machine guns and sawed-off shotguns through corporations, trusts or other legal entities.
When consumers see or hear an advertisement on the Internet, radio, in print, on a billboard, on television, or anywhere else, federal law says that the ad must be truthful, not misleading, and, when appropriate, backed by scientific evidence.
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.
So-Called Baby Veronica is now four years old, and has already been the subject of a case that has traveled all the way to the US Supreme Court and back down through several state courts. The case is a twisting tangle of different legal principles intermingled with social policies, making for a great primer on both adoption laws and Native American affairs.
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.
Encrypted Email Service Begins Appeal of Surveillance Order in Wake of Revelation of Government Surveillance
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.
We have all heard the saying that you cannot fight city hall. But, what do you do when a public service like electricity, water, sewage, or trash pick up breaks down and nobody does anything to fix it? Who do you pursue and how?
In September, 2013, a man from Missouri was charged with child sex trafficking in the case of a developmentally delayed girl from Massachusetts who disappeared a few days before week and was later found safe in Rhode Island. Cases such as these raise a number of questions, including which state has jurisdiction, which laws apply, and what can be done.
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.
Gun laws are largely a matter of state law. Although certain federal laws regulate some guns, like automatic weapons, states are generally able to control the issuance of concealed weapons permits.
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.
In virtually every jurisdiction, the owner of an animal will be responsible if it injures someone, whether that animal is a pet, a service animal, or on display, such as at a zoo or exhibition. But, people get injured by wild animals, too. When a wild animal attacks someone, who is responsible for the injuries? The injured person? The property owner where the attack occurred? The government?
We often discuss jurisdiction, or hear it used in TV crime shows, but what does “jurisdiction” mean? For that matter, when is something a federal, state, or local matter and who can enforce which laws? How is this determined?
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?