instruction stringlengths 15 30k |
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Why is Supreme Court seeking brief from Attorney General? |
[Denver lawyer David Lane has said][1], “The First Amendment lives in a rough neighborhood and if you can’t stand the neighborhood move to China … or somewhere the First Amendment does not exist.”
"One man's vulgarity is another's lyric." [*Cohen v. Cali.* 403 U.S. 15, 25 (1971)][2]
At this point, we need to defi... |
Copyright Law:
[Probably Not][1] so long as you are not hosting anything other than a link. (This is a secondary source)
>Even if academics and technology enthusiasts prefer an absolute right to link on the Internet, the business world has an interest in regulating what information is shared.66 Businesses will pr... |
Yes, there are cases where refusing to respond to the question would be legal. The juror could plead the fifth – so long as he hasn't spilled the beans about what he is trying to protect – which provides for the protection from compelled self-incrimination (any incriminating statement that could be used aga... |
The officers could incur liability under [28 U.S.C. 2680 (h)][1] with jurisdiction under [28 U.S.C. 1346 (b)][2]. This would probably be considered "loss of property" or a "wrongful act".
It is very rare for cases to go forward for this because of the costs of litigation against an officer.
"[I]t is well recogni... |
A friend of mine recently tried to go into a restobar in India, and to his surprise, was informed that he couldn't because he was a male who was not accompanied by a female. Admittedly shocked, he spoke to the manager of that restobar to find out why, and was informed that due to other peace-disturbing, presumably sing... |
My question relates specifically to the UK.
Is it legal for a private company, say a train or bus company, to detain you if they determine that you don't have a valid ticket? Furthermore, if it is legal, what rights do you have in such circumstances? Obviously, if you were arrested by the police you would have a... |
I never gave this much thought until I saw a prosecutor and then a judge dismiss charges of theft because it would be impossible to prove the accused _intended to deprive the owner of the property permanently_. Sure enough, [this seems to be a common-law element of theft](http://criminal.findlaw.com/criminal-charges/t... |
Following up on http://law.stackexchange.com/q/134/10 the more subtle question needs the following elaboration:
My impression is that as far as the law is concerned there is no such tort as "maliciously making a mess" or "unnecessarily desecrating an individual or his property" in the course of a LEO's official duti... |
Following up on http://law.stackexchange.com/q/134/10 the more subtle question needs the following elaboration:
My impression is that as far as the law is concerned there is no such tort as "maliciously making a mess" or "unnecessarily desecrating an individual or his property" in the course of a LEO's official duti... |
There is a history of some organizational and US government publications mandating all capital letters for certain terms in the publication.
1. Here is a section of [the Minnesota elections process][1]
> Section 43 remove the requirements that voter instructions on a primary ballot be in all capital letters
2.... |
Since you asked about *any* jurisdiction, and presumably any common law jurisdiction, in which one of the elements of theft is the intention to permanently deprive the owner of the property, here's the UK* answer.
Regarding borrowing specifically, the UK statute referring to theft - the Theft Act 1968 - provides for... |
If Chinese company ABC has an established brand for their product, "The Widget", and American company XYZ makes an add-on or modification for that product and sells said add-on as "The Widget Improver", with or without reference to ABC, is there copyright implications?
I felt ABC was enhancing and benefiting XYZ, bu... |
Copyright implications for developing/marketing a 3rd party accessory? |
If Chinese company ABC has an established brand for their product, "The Widget", and American company XYZ makes an add-on or modification for that product and sells said add-on as "The Widget Improver", with or without reference to ABC, is there copyright implications?
I felt XYZ was enhancing and benefiting ABC, bu... |
We recently purchased an mp3 player from argos (908/2218), which is labelled as "Philips SA4VBE08KN/12 GoGear VIBE 8GB MP3/MP4 Player". This item is excluded from their 30-day return policy.
We'd like to return it, because it doesn't support the .mp4 file format. Given that it's described as an MP4 player, can we ... |
Does this count as "misdescribed" under the sales of good act 1979? |
Sites like IMDB as well as Rotten Tomatoes and countless other websites or mobile applications (such as flixter, etc.) all use movie posters and images from movies as part of their content which is more or less the selling point of their business <i>(or maybe more accurately how they convince users to keep using).</i> ... |
How do websites (or apps) that use pictures or posters of movies not infringe on rights and still make a profit? |
What should you do if your inspection sticker expires while you're outside the United States? How will you take your car to the inspection center once you get back home if you're not allowed to drive? I'm specifically asking about the law in New York.
Thanks in advance |
What to do if your car inspection sticker expires? |
Let's say I'm downloading pirated material (pdf books) via bittorrent because I can't afford to pay for the items.
If I later say (admit) that I'm downloading these things, would I be fined / jailed?
I'm living in the U.S. |
Would I get myself into trouble if I say that I'm using pirated material? |
As we know, section 21 of the Housing Act 1988 outlines what steps a Landlord can take in order to regain possession of his property, my question is in relation of the rights of the tenant being asked to leave the property.
For context, myself and everyone else living in my building are being asked to leave so that... |
Let's say that I am downloading pirated material (pdf books) via bittorrent because I can not afford to pay for the items.
If I later say (admit) that I'm downloading these things, would I be fined / jailed?
I'm living in the U.S. |
Let's say that I am downloading pirated material (pdf books) via bittorrent because I can not afford to pay for the items.
If I later say (admit) that I'm downloading and using these pirated materials, would I be fined / jailed?
What are the legal risks I'm exposing myself to if I say it? How likely am I to be a... |
In *Obergefell v. Hodges* (the recent gay marriage ruling), Samuel Alito writes in his dissent (p. 73 of this [PDF][1] containing the electronic opinion):
> This is a naked judicial claim to legislative—indeed, *super*-legislative—power; a claim fundamentally at odds with our system of government.
What does he me... |
What did Samuel Alito (SCOTUS) mean by "super-legislative" power? |
*Super-legislative* refers to Alito's contention that the court is effectively legislating, i.e. creating new laws; and doing so by overriding the formal legislative bodies. It is implied by a belief that no existing laws or precedents recognize a right to marry.
[Interestingly, "super-legislative" as a phrase seems... |
*Super-legislative* refers to Alito's contention that the court is effectively legislating, i.e. creating new laws, and doing so by overriding the formal legislative bodies, bypassing the mechanisms in place to ensure that the laws of the land reflect the will of the people. It is implied by a belief that no existing ... |
*Super-legislative* refers to Alito's contention that the court is effectively legislating, i.e. creating new laws; and doing so by overriding the formal legislative bodies. It is implied by a belief that no existing laws or precedents recognize a right to marry.
[Interestingly, "super-legislative" as a phrase seems... |
*Super-legislative* refers to Alito's contention that the court is effectively legislating, i.e. creating new laws; and doing so by overriding the formal legislative bodies. It is implied by a belief that no existing laws or precedents recognize a right to marry.
One common criticism of courts exercising *legislativ... |
*Super-legislative* refers to Alito's contention that the court is effectively legislating, i.e. creating new laws; and doing so by overriding the formal legislative bodies. It is implied by a belief that no existing laws or precedents recognize a right to marry.
One common criticism of courts exercising *legislativ... |
*Super-legislative* refers to Alito's contention that the court is effectively legislating, i.e. creating new laws; and doing so by overriding the formal legislative bodies. It is implied by a belief that no existing laws or precedents recognize a right to marry.
One common criticism of courts exercising *legislativ... |
In the case law of copyright, I wonder about the roles of 'the process' versus 'the output' in determining infringement via creation of a derived work. By 'the process,' I mean, "How much access did the creator of the new work have to the putative base work?' By 'the output' I mean, "How similar, textually, is the new ... |
What considerations determine copyright infringement? |
1\. A layperson may not know whether his/her case is complex enough to hire a Queen's Counsel. So how does a layperson decide, when deciding hiring a public access barrister?
2\. Are barristers obligated to advise a client on such a question? To wit, will a Junior Counsel truly choose to lose business, by tell a pr... |
How does a layperson know whether to hire a Queen's Counsel? |
E.g. Air France indicates on its website boarding deadlines:
> 15 minutes before the departure time, between Paris-Orly and metropolitan France destinations.
> 20 minutes before the departure time, for all other flights.
If the actual boarding deadline for the flight is before that deadline given on the offici... |
Are boarding deadlines indicated on a airline's official website legally binding? |
E.g. Air France lists boarding deadlines on its website:
> 15 minutes before the departure time, between Paris-Orly and metropolitan France destinations.
> 20 minutes before the departure time, for all other flights.
If the actual boarding deadline for the flight is before that deadline given on its website, i... |
Are boarding deadlines indicated on an airline's website legally binding? |
*Obergefell v. Hodges* was a recent case in which the Supreme Court ruled that same-sex marriage was a constitutional right. The Court considered two questions:
1. Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
2. Does the Fourteenth Amendment require a sta... |
*Obergefell v. Hodges* was a recent case in which the Supreme Court ruled that same-sex marriage was a constitutional right. The Court considered two questions:
1. Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
2. Does the Fourteenth Amendment require a sta... |
Does this count as "misdescribed" under the Sales of Goods Act 1979? |
I think it's cited occasionally by justices like Clarence Thomas, but it seems only when he's in the minority advocating something that most people see as being inline with his Catholicism under the guise of natural law.
Has a majority opinion ever taken in to account the natural moral law (please see [encycloped... |
How often, if ever, has the Supreme Court cited the Natural Moral Law in a majority decision? |
For wikipedia:
They will generally use a scaled down version under fair use like nomen agentis talked about. If you look at the meta data for the images, it states how its fair use ([See Inside Out Poster][1]). If it is found that the uploader did use a copyright version of the image, then a DMCA notice is issued an... |
**For wikipedia:** They will generally use a scaled down version under fair use as nomen agentis explained. If you look at the meta data for the images, it states how it is fair use ([See Inside Out Poster][1]). If it is found that the uploader did use a copyrighted version of the image, then a DMCA notice is issued a... |
Many people, possibly even including recent Texas governors, think that Texas has a right to secede from the Union.
Does it, or does it not? |
Does Texas have a right to leave from the Union or secede? |
**For wikipedia:** They will generally use a scaled down version under fair use as nomen agentis explained. If you look at the meta data for the images, it states how it is fair use ([See Inside Out Poster][1]). If it is found that the uploader did violate copyright by using a copyrighted version of the image that is ... |
I've heard that most municipal code is actually copyrighted material, thus, for example, you can't just re-publish it without violating the copyright law.
The issue becomes interesting in the case of secession. If, say, a California or Colorado county, city or a set of such were to secede from the rest of the State... |
If a U.S. jurisdiction secedes, can they still keep the old laws? |
If I grant someone a license, e.g., to use a copyrighted work of mine in certain ways, do I need to detail my ability to revoke the license within the terms of the license grant, or is that ability inherent to all licenses?
I understand that a license could have terms like, "This license is irrevocable" or, "This li... |
Is a license by default revocable or irrevocable? |
If I grant someone a license to use a copyrighted work of mine, do I need to detail my ability to revoke the license within the terms of the license grant, or is that ability inherent to all licenses?
I understand that a copyright license could have terms like, "This license is irrevocable" (as the [GPLv3 does](http... |
Is a copyright license by default revocable or irrevocable? |
Does Texas have a legal right to leave from the Union or secede? |
Does Texas have a legal right to leave the Union or secede? |
Where do pros se litigants most often fail? Is it because of ignorance of legal protocols? Is it because they use overly aggressive tactics that most lawyers wouldn't use? Is it because they failed to prove their case, when a competent lawyer might have succeeded?
This question was inspired by one of the the answers... |
What are the potential pitfalls of representing oneself pro se? |
If I grant someone a license to use a copyrighted work of mine, do I need to detail my ability to revoke the license within the terms of the license grant, or is that ability inherent to all licenses?
I understand that a copyright license could have terms like, "This license is irrevocable" (as the [GPLv3 does](http... |
Consider a scenario where a community site, based in Switzerland, with an international member base has two memberships: free accounts and premium subscription-paying accounts. The primary service provided by the website is education as well as providing research tools. However, one feature of the paid subscription is ... |
I did not find any instance in which the US Supreme Court has ever used "Natural Moral Law"; however, it did use "Moral Law" 13 times.
- [Ogden v. Saunders][1]
- [Jordan v. De George][2]
- [DeWeese v. ACLU of Ohio Foundation][3]
- [Van Orden v. Perry][4]
- [McGowan v. Maryland][5]
- [Interstate Cir. v. ... |
I did not find any instance in which the US Supreme Court has ever used "Natural Moral Law" or "Natural Law"; however, it did use "Moral Law" 13 times.
- [Ogden v. Saunders][1]
- [Jordan v. De George][2]
- [DeWeese v. ACLU of Ohio Foundation][3]
- [Van Orden v. Perry][4]
- [McGowan v. Maryland][5]
- [In... |
It's practically impossible to prove a negative but, [Andrew's brilliant century-old find notwithstanding](http://law.stackexchange.com/a/836/10), I can't find any reason to believe there is a _law in force_ against selling spells, online or otherwise. Reasons to believe this is legal:
1. As the OP points out, it ... |
I did not find any instance in which the US Supreme Court has ever used "Natural Moral Law";however, it did use "Moral Law" 13 times.
- [Ogden v. Saunders][1]
- [Jordan v. De George][2]
- [DeWeese v. ACLU of Ohio Foundation][3]
- [Van Orden v. Perry][4]
- [McGowan v. Maryland][5]
- [Interstate Cir. v. D... |
Ok, there is an essential flaw in your question. What you stated the FBI did was not attempting an unauthorized access on the network. What they did was collect IP addresses.
This would be the same thing as a pen register, which law enforcement does not need a warrant for. [Smith v. Maryland][1]
[The ninth circui... |
It's practically impossible to prove a negative but, [Andrew's brilliant century-old find notwithstanding](http://law.stackexchange.com/a/836/10), I can't find any reason to believe there is a _law in force_ against selling spells, online or otherwise. Reasons to believe this is legal:
1. As the OP points out, it ... |
In the case law of copyright, I wonder about the roles of 'the process' versus 'the output' in determining infringement via creation of a derived work. By 'the process,' I mean, "How much access did the creator of the new work have to the putative base work?' By 'the output' I mean, "How similar, textually, is the new ... |
I recently read a [wired article](http://www.wired.com/2015/05/silk-road-2/) about Silk Road and the arrest of Ross Ulbricht. The article describes how an FBI agent attempted to discover the true IP address of the Silk Road Server:
> Tarbell [New York FBI] threw data at Silk Road, hoping to see the leak. He entered
... |
I did not find any instance in which the US Supreme Court has ever used "Natural Moral Law." However, it did use "Moral Law" 13 times.
- [Ogden v. Saunders][1]
- [Jordan v. De George][2]
- [DeWeese v. ACLU of Ohio Foundation][3]
- [Van Orden v. Perry][4]
- [McGowan v. Maryland][5]
- [Interstate Cir. v.... |
I live in a college town in California with a leased apartment. On June 26th, a noticed (in paper) was posted on our doors that the apartment complexes have been sold, effective immediately.
Part of the notice says, "Rent payments are to be made to the onsite management office." My single housemate currently in the ... |
Leased apartment changed owners. Is requiring in-person payment unreasonable? |
Leased apartment changed management. Is requiring in-person payment unreasonable? |
Generally, the client will be hiring the barrister based on the advice of their solicitor; who is definitely not a lay person. That said:
1. How do you, as a lay person, decide if your medical condition is serious enough to require a professor or an intern? Similarly, how experienced does your engineer or architect... |
I see by your comment to @dw1 that you questioning what your insurance company says.
Let's be clear - what your insurance company says is not necessarily the law! @dw1's answer is the correct legal position.
"Knock for knock" is a *commercial* position adopted by Australian insurance companies in order to avoid e... |
If a co-tenant _on a property (answers would preferably address residential cases, but commercial cases would be acceptable also)_ pays more rent than another, are they legally entitled to, for instance, more income from the sale of shared belongings? Would they be legally liable for more, if the tenants were penalised... |
I see by your comment to @dw1 that you questioning what your insurance company says.
Let's be clear - what your insurance company says is not necessarily the law! @dw1's answer is the correct legal position.
"Knock for knock" is a *commercial* position adopted by Australian insurance companies in order to avoid e... |
Generally, the client will be hiring the barrister based on the advice of their solicitor; who is definitely not a lay person. That said:
1. How do you, as a lay person, decide if your medical condition is serious enough to require a professor or an intern? Similarly, how experienced does your engineer or architect... |
After the [LoveOverflow](http://meta.stackoverflow.com/q/297859/2302862) logo change, there has been [a](http://meta.stackoverflow.com/q/297908/2302862) [whole](http://meta.stackoverflow.com/q/298007/2302862) [lot](http://meta.stackoverflow.com/q/297974/2302862) [of](http://meta.stackoverflow.com/q/297935/2302862) [fus... |
I work for a UK company. My contractual notice period is one month.
Recently I've successfully applied for an internal post at a higher salary. My understanding is that I will start work in the new post in one months time, at the new salary. My manager says that the amount of time before I start in the new role is u... |
Does a contractual notice period apply to internal transfers? |
After the [LoveOverflow](http://meta.stackoverflow.com/q/297859/2302862) logo change, there has been [a](http://meta.stackoverflow.com/q/297908/2302862) [whole](http://meta.stackoverflow.com/q/298007/2302862) [lot](http://meta.stackoverflow.com/q/297974/2302862) [of](http://meta.stackoverflow.com/q/297935/2302862) [fus... |
After the temporary [LoveOverflow](http://meta.stackoverflow.com/q/297859/2302862) logo change, there has been [a](http://meta.stackoverflow.com/q/297908/2302862) [whole](http://meta.stackoverflow.com/q/298007/2302862) [lot](http://meta.stackoverflow.com/q/297974/2302862) [of](http://meta.stackoverflow.com/q/297935/230... |
# I'm not a lawyer; I'm *not your lawyer* <sup>1</sup>
For the avoidance of doubt, the thrust of this debate is:
### By placing a logo associated with a certain political movement near my user profile, does StackExchange violate Section 4(c) of the [CC BY-SA 3.0][1]?
Subscriber Content is Content that is contrib... |
# I'm not a lawyer; I'm *not your lawyer* <sup>1</sup>
For the avoidance of doubt, the thrust of this debate is:
### By placing a logo associated with a certain political movement near my user profile, does StackExchange violate Section 4(c) of the [CC BY-SA 3.0][1]?
Subscriber Content is Content that is contrib... |
I'm traveling in France, and I've been vaguely told that some speed radars are illegal. What types of speed radar detectors are illegal in France? Ideally I'd like to know the sanctions as well. I'm especially interested in speed radar applications on smartphones. |
What types of speed radar detectors are illegal in France? |
This is something that I have been thinking after the decision from Supreme Court legalizing same-sex marriages. The Supreme Court based its decision on the fact that prohibiting same-sex marriages constitutes a violation of the 14th amendment, because rights were not granted to all US Citizens by equal.
As many of ... |
Are limiting voting rights to residents of Puerto Rico uncontistutional? |
Are limiting voting rights to residents of Puerto Rico unconstitutional? |
Billboards can be quite a distraction to drivers, and [some cities have banned digital billboards](http://usatoday30.usatoday.com/news/nation/2010-03-22-visual-soup_N.htm). However, I haven't been able to find any information on non-digital billboards, which don't seem to be significantly less distracting in many cases... |
Are there any federal laws in the United States regulating non-digital billboards? |
Suppose Mr. Investor gives $50,000 to Mr. X to invest in his business. And suppose instead of investing in the business, Mr. X gives the $50,000 to his brother, a day or so later. That would be conversion, I believe. And let's assume that this money was easily traceable.
Suppose Mr. X later files for personal bankru... |
Which takes precedence, conversion or bankruptcy? |
In the news you often read about differing philosophies of judicial interpretation, especially when important cases are decided (like several recent US Supreme Court decisions). I recently browsed through a book by Antonin Scalia in which he outlines a number of specific principles he endorses and does not endorse, wi... |
Are principles of judicial interpretation subject to legislative control? |
I am developing a game, and will be using guns in my game, I just am unsure of a few things. From what I understand, I need written permission to use the name of a gun due to the name being IP, but what about the gun's actual design? If I were to recreate a gun to give it the same 'Look', would infringing upon IP even ... |
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