Civil Rights Law Articles

Religious freedom is one of the founding principles of the United States. Over time, the practice of celebrating diversity and discouraging discrimination has become an important representation of America and its core values.

In 1999, David Goldman married Bruna Bianchi, a native of Brazil. They settled down in New Jersey and had a child together named Sean. They seemed to have a picture perfect marriage. But then in 2004, Bruna took four-year-old Sean to Brazil on what was supposed to be a two week vacation.

The much anticipated Credit Card Accountability Responsibility and Disclosure (CARD) Act of 2009 became law on May 22, 2009; however, most of the provisions of the act do not become effective until February 22, 2010. Several important provisions of CARD are already in effect are impacting consumers and lenders.

There are several specific steps an employer should take to emphasize to employees that sexual harassment will not be tolerated in the workplace. An employer's managers and supervisors take on an important role at each of these steps. One of the most important steps is the effective implementation of a sexual harassment policy.

A welcome development, has been the enactment of a new tort law in China in early 2010. This law has the potential to change the legal landscape in China in relation to negligence claims, IP infringement matters and labor matters.

The Law No. 24 of 2009 on Flag, Language, State Symbol and also National Anthem (“Law No. 24 of 2009”) has been ratified on 9 July 2009. This law basically regulates the technical and the practical use of Indonesia National Flag, Language, Symbol, Anthem and any other national attributes and also the penalty of any misused towards them.

Arizona child seat belt law is lagging; Arizona is one of only three states in the country where five-year-olds are not required to ride in a car seat.

The right to vote in these United States is at once both our greatest privilege and our most important responsibility. This article discusses the history behind your right to vote.

Act No. 29/2009 of 30 December modifies the Spanish legal system of unfair competition and advertising to enhance consumer and user protection.

The ultimate cost of bias goes beyond undermining the rights of those whom our justice system is intended to serve. It also has a profound corrosive effect on practitioners and the judiciary.

This articles discusses preliminary injunction and preliminary attachment being temporary legal protections available under Turkish law.

Although the media do not give as much attention to national origin discrimination as much as it does to sexual harassment and racial discrimination case, it is still equally important to understand this type of mistreatment.

While the laws might seem to some to create an opportunity for an owner or general contractor to hire an unlicensed person at a discount very cheap to what an experienced licensed contractor might charge for the same job, and then still be able to avoid paying the unlicensed builder and even sue him or her to get back the money you paid them, this is not a good idea.

Law 81 of December 31st, 2009, published in Official Gazette No. 26438-B of the same date, is aimed to regulate the business of credit cards and other financing cards, as well as its use, in order to guarantee and protect the rights of the cardholders and regulate the relationships among the latter and the issuers of cards and the affiliated commerce.

While Firestone tire defects have been the subject of a great deal of publicity since recalled, the role of the Ford Explorer's lack of stability has received much less attention. Changes made did not come close to solving the Explorer's stability problems.

The Resolution passed by each House of the National Assembly on February 09, 2010 that the Vice-President should act as President was constitutional. It was passed more than two months after President Umar Musa Yar’Adua had left the country for, or been taken to, Saudi Arabia on health grounds.

This article discusses the racial discrimination southern black farmers experienced from the USDA.

Gay marriage has suffered defeat in the courts but a judge has ordered compensation for a gay couple denied benefits on the basis of discrimination.

The constitutional crisis which has rocked the nation for over two months now arose because President Yar’Adua went, or was taken, to Saudi Arabia on November 23, 2009 on health grounds without sending to the National Assembly, as envisaged in section 145 of the Constitution, a declaration concerning his impending absence from office.

The United States Court of Appeals for the Ninth Circuit recently ruled that the use of a taser stun gun by a police officer can be considered, under certain circumstances, excessive force which leaves the police officer open to be sued for the injuries received by the tasered individual.

The Age Discrimination in Employment Act (“ADEA”) applies to employers who employ 20 or more employees. The ADEA covers employees who are at least 40 years-old. Hawaii law, HRS Chapter 378, also prohibits age discrimination. Significantly, however, HRS Chapter 378 applies to all employers. Further, all employees regardless of their age are protected against age discrimination.

Several students have sued Argosy University, which is an education system of Education Management Corporation (Nasdaq: EDMC) in Dallas County District Court, alleging that the college lied to them in order to get them to enroll in the college. Argosy University is a for-profit college.

This article examines prosecutorial misconduct.

This article examines whether racial profiling played a role in Professor Gates arrest in Cambridge, MA.

This article examines whether racial profiling is a useful tool in our counter terrorism efforts.

"Chips," as it is called, stands for a Child in Need of Help or Protection. It is codified under Minnesota Statutes Chapter 260C. Such cases can be initiated by the county or an individual and may result in the removal of a child from the family home. As a result, aggressive representation is necessary.

Increased levels of airport scrutiny of travelers have taken place since the failed attempt to blow an airliner bound for Detroit out of the sky on Christmas. Proposals to expand the use of low level X-rays for full body scans have become central to many plans. Security and safety are always in tension with freedom and privacy. Modern life requires balancing these concerns more than ever before as technology becomes more intrusive and potential threats more deadly.

Title VII prohibits discrimination because of "national origin." The EEOC defines national origin discrimination as the denial of equal employment opportunity because of an individual's ancestry, place of origin, or because the individual possesses the physical, cultural, or linguistic characteristics of a national origin group. Hawaii law prohibits "ancestry" discrimination. Like Title VII, the terms "ancestry" and "national origin" overlap.

While the Constitution guarantees persons the right to remain silent when facing police questioning, only some statements in some situations will be protected under federal and Illinois law. Miranda protections may not offer the breadth of protection that is commonly believed.

Paving the way for new standards in data security, on October 26, 2009, the Council of the European Union approved the directive amending Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (the “Directive”).

The FDA has a limited selection of responses with which to address potentially dangerous dietary supplements.

Today, Celebrity and Workplace Invasions of Privacy are occurring on a daily basis. The right of publicity, the right to control the commercial use of their identity, is constantly infringed. Now individual citizens are also having their privacy invaded in the work place by their employers. The author analyzes what can be done to stop this growing problem.

An Analysis of Dental Group Scams, Dentist Fraud, Rip Offs and Dental Malpractice in California and how a few bad apples in the Dental Profession are tarnishing ethical and caring dentists with the same toothbrush.

"Success is failure turned inside out, the silver tint of the clouds of doubt. You can never tell how close you are. It may be near when it seems so far. Stick to the fight when you're hardest hit. It's when things seem worst that you must not quit." (Bradley Tyler)

Many Americans currently oppose same-sex marriage, but the trend is towards increasing acceptance. A recent Gallup poll found that 40 percent of Americans support marriage for same-sex couples. However, the poll found that 55 percent of Democrats and 59 percent of 18- to 29-year olds think same-sex couples should be permitted to marry.

Cameroon is a bijural system with the English Common Law operating in the two Anglophone regions of North West and South West and the French Civil Law operating in the eight francophone regions of Adamaoua, Centre, East, Far North, Littoral, North, West and South. These systems of law expanded to Cameroon through colonisation by conquest.

Jan Dhont comments on new data retention bill announced by the Belgian Ministry of Justice. “The proposed data retention requirements risk to violate consumer’s privacy and comes with a high cost. Belgian consumers are likely to pay twice for unpopular and privacy-unfriendly measures”, Mr. Dhont says.

In 1963, the US Supreme Court held in the landmark case Gideon v Wainwright that the Sixth Amendment of the US Constitution requires state courts to provide attorneys to any criminal defendant who is unable to afford one. In the past 46 years, however, many states have been unable — sometimes even unwilling — to meet this important obligation.

The recession is hitting hard at all sectors of society, from the wealthy on Wall Street down to prisoners locked up in the nation’s penal institutions. States are cutting back on prison meals, hoping to save money.

Protecting your rights as a buyer through specific performance

Nowadays, the most significant efforts and works for preservation of Intellectual and Industrial Property Rights have been carried out under the headline of “Fight Against Piracy”. Considering the fact that pirated (counterfeited) materials could be easily accessed nationwide even at the smallest towns, the stage arrived in the fight against piracy may easily be assessed.

Intellectual property Rights, i.e. property rights acquired from the Work of Art, are the fundamental human rights which are adhered strictly to the Author and which are vested in human being by birth. Wit this qualification however naturally it took its place in the Universal Declaration of Human Rights.

Hawaii law and the Americans with Disabilities Act prohibit employers from discriminating against employees and applicants for employment who have disabilities. Physical examinations cannot be used to unfairly or disproportionately screen out disabled individuals. Employers may not require medical examinations of job applicants until after conditional offers of employment are made. Finally, medical examinations of current employees must be job related and consistent with business necessity.

Arizona v. Gant, 129 S.Ct. 1710, (2009); Vehicle Searches after Arrest

The problem of identity theft in Hawaii is suspected to be much worse than publicized. There have been several high-profile examples of Hawaii businesses experiencing on-line and hard-copy security breaches of private and confidential information of its employees and/or customers, thus increasing significantly the risk of identity theft.

With the proposed amendments to the Electronic Communications Privacy Directive 2002/58 (hereinafter: “E-Com Directive”), the European Union is setting its first steps towards introducing information security legislation in Europe.

The democracy as I have been taught, as I have been opportune to see being practice universally and as backed by plethora of judicial authorities is the complete application of rule of law and human rights is any given society.

A large shift is underway in the telecommunications industry; many customers are transitioning from traditional telephone systems or Analog Communications [1] to Internet packet-based networks or VoIP.

Given the amount of attention given to immigration issues on a national scale, the significant increase in national origin claims being filed with the EEOC in the last few years is no surprise. Recently, the EEOC brought suit against a California Nursing Home company that prohibited Spanish-speaking employees from speaking Spanish to Spanish-speaking residents, and also while on breaks or in the parking lot of the facilities.

A California employee who plans to file a harassment action against his employer, must understand the key difference between the term "harassment" as ordinarily used in the language as opposed to the claim for "harassment at workplace" which is a term of art.

The Federal Executive Council on March 11, 2009, came out with its position on the recommendations of the Electoral Reform Committee headed by retired Chief Justice Muhammed Uwais. The Council accepted some of those recommendations while rejecting others (The Punch, March 12, 2009).

A California labor attorney has a real quandary when it comes to choosing the right state or federal agency to file a complaint for discrimination, harassment or retaliation. Choices facing the California labor lawyer include the Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC) and the Division of Labor Standards Enforcement (DLSE). This article seeks to guide California attorneys and their clients in that selection.

A California labor lawyer has a difficult decision when it comes to filing an age discrimination complaint. Should the California labor attorney file the client’s complaint with the Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC), or the Division of Labor Standards Enforcement (DLSE)? And how long does the victim and his or her California lawyer have to file? This article answers those questions.

The Draft Turkish Nationality Act was submitted to the Grand Turkish National Assembly on April 2006.

An Intestacy occurs when people die without a Will. In Ontario Canada the laws setting out the beneficiaries in an inheritance are set out in Ontario's Succession Law Reform Act. This article reviews the options and rights of children whose parent's pass away without having made a Will. It canvasses the laws of intestate succession in Ontario Canada and the possibility of a Dependant's Relief Application under Part V of the Succession Law Reform Act.

As this California Civil Rights Lawyer shows, discrimination remains and there is an increase in hate crimes against Hispanics, Latinos and Mexican-Americans, as one of the perceived symbols of that discrimination, the U.S.-Mexico Border Fence, nears completion. Instead of pulling together in these difficult times, we may see a greater polarization of attitudes, only increasing the need for more civil rights lawyers to protect the civil rights of Hispanics, Latinos and Mexican-Americans.

As this San Diego and Orange County Life Insurance Lawyer explains, when a life insurance company denies a beneficiary’s claim for the life insurance policy on the death of a loved one, you have a right to appeal that decision. And while you or your California ERISA attorney may still be able to file a lawsuit in federal court, unless your appeal was prepared properly, you will have little chance of prevailing in federal court.

Never have there been so many tools for California Employment Lawyers to help the newly fired to either win damages for discrimination or retaliation, save their job or to obtain a better severance package. As discussed by this California Women’s Rights Attorney, the employee manual can be a gold mine in terms of assistance as are the laws enforced by the California Labor Commissioner and Federal Rules such as the Fair Pay Act of 2009.

It will still require litigation by attorneys enforcing the Fair Play Act of 2009 according to this Palm Springs California women’s rights lawyer before the Act results in providing fair pay for women in California. As this employment lawyer writes, the Fair Pay Act of 2009 signed into law January 29, 2009 takes effect retroactively, however, employers may still be slow to increase the salaries of women employees until lawsuits begin to fly.

Until now the Indonesian Criminal Code is still considered to be the prevailing law, even though there has been several times of efforts for the making of new draft of the Indonesian Criminal Code. In the draft itself, article concerning defamation is not considered to be erased. This is now a matter of debate of the Law Practitioners and Law Academicians in Indonesia, whether it should be regulated in the Indonesian Criminal Code or only in the Indonesian Civil Code.

As a buyer, you should be aware of the protection that is available to you in the event of the late delivery of the immovable property you have purchased and also some of the things you need to avoid including in your contract.

Electronic commerce relates to Information Technology area and the laws applicable to IT issues also cover e-commerce. Cyprus has passed new laws concerning IT issues to be in conformity with European standards. Before 2004, this law area was weakly regulated here and implementation of EU Directives brought the Republic to the European level and expanded the applicable legal framework.

Discussion of fraudulent and negligent misrepresentation in the context of a hypothetical fact pattern.

In this Part 5 of the series on Improving the Drafting of the Constitution, we are examining on additional provisions of the Constitution.

The best time to consult with an attorney is when you don’t need one! Whenever you have concerns about a potential problem, that is the time to talk to a lawyer.

Baby formula, children’s toys, prescription drugs, infant car seats, tires, cribs, medical devices – consumers rely on dozens of products every single day. Quite literally, we often entrust our very lives to them. And yet, time and time again, whether it’s due to malfunction, flawed designs, false advertising, or other defects, these products fail us. A quick scan of recent newspaper headlines reveals just how dangerous it can be entrust your family’s safety to consumer goods these days.

Being injured as a result of someone else’s carelessness, negligence or simple ignorance is as frightening as it is infuriating. Suddenly you’re struggling to recover from your injuries, which may be mild or life altering, and you’re facing the fact that your life is never going to be the same. Where are you going to go? What are you going to do? Most importantly, what are your victims rights?

In late 2005, the largest airline company in Hong Kong, Cathay Pacific Airways Limited (“CX”), implemented a program requiring its cabin crew members who took long or frequent sick leave to disclose their medical records in the past 12 months.

What information about you can an employer gather?

A discussion of some of the tactics being employed in the 2008 Presidential Election to sow seeds of distrust and fear. The author asks whether the backlash against these tactics that are generating anger and fear among voters at political rallies will yet cause John McCain, a decent man with an honorable past, to repudiate the results of his own negative campaign ads and strategies.

An in depth look at the specific contribution limits in the 2008 Presidential Election under current campaign election finance laws. The article also provides the latest news regarding contribution figures to the Obama campaign and allegations by the Democratic National Committee being made to the Federal Election Commission of donations received by the Republican candidate in excess of the individual contribution limit.

The author examines the recent homeschooling court victory for parents in California. While he concludes that parents of homeschooled children can rest easy for now, he also warns there may be further court rulings and regulations to come in the future.

This article discusses and explains the new Country of Origin Labeling Law (COOL) and describes the impact COOL will have on shoppers, food producers and retailers. The author also unwraps what foods the law covers and what foods and retailers are not regulated by this new law.

This article explains the right in California to control the use of your image and likeness. The author looks at what celebrities need to be prove in a privacy or publicity rights case and how civil publicity rights and privacy rights cases differ from criminal actions for identity theft.

The author of this article discusses the looming crisis facing homeowner associations in California. He examines how the real estate crisis and high foreclosure rate will affect homeowner associations forcing them to cut back on services, delay or eliminate projects and levy special assessments.

The author of this article discusses some possible new problems the real estate market may face in California as the economic crisis and credit crisis grows. The article also focuses on some new construction law problems in California related to the credit crisis and the relates the type of calls attorneys are now getting from the public in fear of losing their homes.

The author examines the 2004 Super Bowl Halftime Janet Jackson wardrobe malfunction fine and the FCC brain malfunction in this article. As the author notes, the FCC fine has been overturned and the case remanded to the FCC with severe limitations on future actions by the FCC to chill free speech and broadcasters.

This article looks at internet privacy and recent internet hacking crimes involving public figures. The author provides some safety tips and shows how easy it is for anyone's private information to be obtained by hackers.

This article discusses how the new Country of Origin Labeling Law (COOL) will affect restaurants and foodborne disease investigations throughout California. It also explains what foods the new Country of Origin Labeling Law covers and what foods and retailers are not regulated by this new law.

This article shows in these fictional examples what can be copyrighted and what can’t. It also demonstrates the difference between trademarking slogans for products and daily conversation.

The author examines the constitutionality of the U.S. $700 billion bailout proposal as it was first presented to Congress. The author also discusses why the proposal had to be changed by Congress to avoid a violation of the non-delegation clause of the Constitution.

This article provides an overview of Indian Tribal Law. The author describes the makeup of Tribal Law and the Tribal Court System in place with most Tribes and explains how Tribal Sovereignty acts as a shield against state law intrusion.

A recent CBC (Canadian Broadcasting Corporation) news report declared: "Canadians could be subjected to the application of the American USA Patriot Act". Another CBC news report declared on May 16th 2006: "Canadians under American scrutiny".

This article discusses how the new law passed in California requiring restaurants to post caloric information will affect restaurants throughout California including the Palm Springs, Palm Desert Coachella Valley, San Diego and Orange County. The author describes what some restaurants are doing already to implement this new law in California and similar laws being passed in other states.

It is well settled that marriage amongst Muslims is not a sacrament, but in the nature of a civil contract. Such a contract undoubtedly has spiritual and moral overtones and undertones but legally, in essence, it remains a contract between the parties which can be the subject of dissolution for good cause.

Changes in law likely to include more workers and increase workplace accommodations.

The people of the sovereign always support the elected system which refers the parliamentary system and democracy. The people of Bangladesh always prefer and expect the democratic government which should come into power with due process of constitution after holding a credible election as per the constitutional mandate not in any other way.

Can you be compelled to provide a sample of blood breath or urine for testing or rbe charged with a crime for a refusal? Why are the DWI laws allowed to skirt constitutional protections against unreasonable search and seizure by requiring a warrantless search? Review this article to see how the laws have come under attack.

The legality or the otherwise of the etsu nupe’s directives on alhaji bello-masaba’s celebrated matrimony.

New time-limitations in French civil matters.

This article discusses several important but not commonly known aspects of California law on sexual harassment at workplace.

Privacy rights have been available to Chinese citizens under the Constitution and other legal regulations since the 1980's. However, due to the size and strength of government, as well as a general reluctance in the past to litigate, the laws have not been tested to a great extent. The legislature is in the process of developing broader privacy rights under a Civil Code.

Hong Kong, already has specific laws against discrimination by gender, family status, and disability. Now, through the Race Discrimination Bill racial discrimination in the workplace has been made illegal, and this article explains the provisions concerning employment.

On June 4th, 2008 the Official Gazette published Disposition Number 5/2008 (the “Disposition”) of the National Direction for the Protection of Personal Data (the “NDPPD”), that sets the rules and proceedings for inspections and controls over registered databases according to those faculties granted by Law N° 25.326 of Protection of Personal Information and its regulatory Decree to the NDPPD.

On April 7th, 2008, the Official Gazette published law Number 26361 (the “Law”), which amends the Consumer Protection Law Number 24240 (the “CPL”). It extends and improves the consumers’ protection for both local and foreign individuals and companies.

The Nigerian Constitution

Update on Odex Anime case in Singapore

Most adults have driver’s licenses, and most adults get through life with their driver’s licenses intact. However, in the State of Illinois at any given moment more than 500,000 individuals have had their privileges to drive either suspended or revoked.

A consumer is a user of goods and services; hence, every producer could also be termed as a consumer. However, conflicting interests have categorized them, inevitably, into two different groups.

Election Petitions and the Courts