Topic: Law (Page 4)

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πŸ”— Outer Space Treaty

πŸ”— International relations πŸ”— Spaceflight πŸ”— Law πŸ”— Politics πŸ”— International relations/International law πŸ”— British Overseas Territories

The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of international space law. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of June 2019, 109 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification. In addition, Taiwan, which is currently recognized by 14Β UN member states, ratified the treaty prior to the United Nations General Assembly's vote to transfer China's seat to the People's Republic of China (PRC) in 1971.

Among the Outer Space Treaty's main points are that it prohibits the placing of nuclear weapons in space, it limits the use of the Moon and all other celestial bodies to peaceful purposes only, and establishes that space shall be free for exploration and use by all nations, but that no nation may claim sovereignty of outer space or any celestial body. The Outer Space Treaty does not ban military activities within space, military space forces, or the weaponization of space, with the exception of the placement of weapons of mass destruction in space. It is mostly a non-armament treaty and offers insufficient and ambiguous regulations to newer space activities such as lunar and asteroid mining.

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πŸ”— WGA screenwriting credit system

πŸ”— Film πŸ”— Law πŸ”— Film/American cinema πŸ”— Film/Filmmaking

The Writers Guild of America (WGA) writing credit system for motion pictures and television programs covers all works under the jurisdiction of the Writers Guild of America, East (WGAE) and the Writers Guild of America, West (WGAW). Since 1941, the Screen Writers Guild and then the WGA has been the final arbiter of who receives credit for writing a theatrical, television or new media motion picture written under their jurisdiction. Though the system has been a standard since before the WGA's inception, it has seen criticism.

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πŸ”— Stenotype

πŸ”— Technology πŸ”— Law πŸ”— Business πŸ”— Occupational Safety and Health

A stenotype, stenotype machine, shorthand machine or steno writer is a specialized chorded keyboard or typewriter used by stenographers for shorthand use. In order to pass the United States Registered Professional Reporter test, a trained court reporter or closed captioner must write speeds of approximately 180, 200, and 225 words per minute (wpm) at very high accuracy in the categories of literary, jury charge, and testimony, respectively. Some stenographers can reach 300 words per minute. The website of the California Official Court Reporters Association (COCRA) gives the official record for American English as 375 wpm.

The stenotype keyboard has far fewer keys than a conventional alphanumeric keyboard. Multiple keys are pressed simultaneously (known as "chording" or "stroking") to spell out whole syllables, words, and phrases with a single hand motion. This system makes real-time transcription practical for court reporting and live closed captioning. Because the keyboard does not contain all the letters of the English alphabet, letter combinations are substituted for the missing letters. There are several schools of thought on how to record various sounds, such as the StenEd, Phoenix, and Magnum Steno theories.

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πŸ”— Lemon Law

πŸ”— United States πŸ”— Law

Lemon laws are United States state laws that provide a remedy for purchasers of cars and other consumer goods in order to compensate for products that repeatedly fail to meet standards of quality and performance. Although many types of products can be defective, the term "lemon" is mostly used to describe defective motor vehicles, such as cars, trucks, and motorcycles.

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πŸ”— Charter of the Forest

πŸ”— Law πŸ”— England πŸ”— Middle Ages πŸ”— Middle Ages/History

The Charter of the Forest of 1217 (Latin: Carta Foresta) is a charter that re-established for free men rights of access to the royal forest that had been eroded by William the Conqueror and his heirs. Many of its provisions were in force for centuries afterwards. It was originally sealed in England by the young King Henry III, acting under the regency of William Marshall, 1st Earl of Pembroke. It was in many ways a companion document to Magna Carta, and redressed some applications of the Anglo-Norman Forest Law that had been extended and abused by William Rufus.

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πŸ”— Heckler's Veto

πŸ”— Law

In the United States, a heckler's veto is a situation in which a party who disagrees with a speaker's message is able to unilaterally trigger events that result in the speaker being silenced. For example, a heckler can disrupt a speech to the point that the speech is canceled.

In the legal sense, a heckler's veto occurs when the speaker's right is curtailed or restricted by the government in order to prevent a reacting party's behavior. The common example is the termination of a speech or demonstration in the interest of maintaining the public peace based on the anticipated negative reaction of someone opposed to that speech or demonstration.

The term heckler's veto was coined by University of Chicago professor of law Harry Kalven. Colloquially, the concept is invoked in situations where hecklers or demonstrators silence a speaker without intervention of the law.

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πŸ”— Indian Citizenship Act of 1924

πŸ”— United States πŸ”— Law πŸ”— Indigenous peoples of North America

The Indian Citizenship Act of 1924, (43Β Stat.Β 253, enacted June 2, 1924) was an Act of the United States Congress that granted US citizenship to the indigenous peoples of the United States. While the Fourteenth Amendment to the United States Constitution defines a citizen as any persons born in the United States and subject to its laws and jurisdiction, the amendment had previously been interpreted by the courts not to apply to Native peoples.

The act was proposed by Representative Homer P. Snyder (R-NY), and signed into law by President Calvin Coolidge on June 2, 1924. It was enacted partially in recognition of the thousands of Native Americans who served in the armed forces during the First World War.

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πŸ”— US Supreme Court upholds state power to enforce compulsory vaccination (1905)

πŸ”— Law πŸ”— U.S. Supreme Court cases

Jacobson v. Massachusetts, 197 U.S. 11 (1905), was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state.

πŸ”— Non-compete clause

πŸ”— Law

In contract law, a non-compete clause (often NCC), or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). Some courts refer to these as "restrictive covenants". As a contract provision, a CNC is bound by traditional contract requirements including the consideration doctrine.

The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or start a business, and gain competitive advantage by exploiting confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans.

However, an over-broad CNC may prevent an employee from working elsewhere at all. English common law originally held any such constraint to be unenforceable under the public policy doctrine. Contemporary case law permits exceptions, but generally will only enforce CNCs to the extent necessary to protect the employer. Most jurisdictions in which such contracts have been examined by the courts have deemed CNCs to be legally binding so long as the clause contains reasonable limitations as to the geographical area and time period in which an employee of a company may not compete.

The extent to which non-compete clauses are legally allowed varies per jurisdiction. For example, the state of California in the United States invalidates non-compete-clauses for all but equity stakeholders in the sale of business interests.

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πŸ”— Copyright Law is 300 years old today.

πŸ”— Law πŸ”— United Kingdom πŸ”— Politics of the United Kingdom

The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), is an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the government and courts, rather than by private parties.

Prior to the statute's enactment in 1710, copying restrictions were authorized by the Licensing of the Press Act 1662. These restrictions were enforced by the Stationers' Company, a guild of printers given the exclusive power to printβ€”and the responsibility to censorβ€”literary works. The censorship administered under the Licensing Act led to public protest; as the act had to be renewed at two-year intervals, authors and others sought to prevent its reauthorisation. In 1694, Parliament refused to renew the Licensing Act, ending the Stationers' monopoly and press restrictions.

Over the next 10 years the Stationers repeatedly advocated bills to re-authorize the old licensing system, but Parliament declined to enact them. Faced with this failure, the Stationers decided to emphasise the benefits of licensing to authors rather than publishers, and the Stationers succeeded in getting Parliament to consider a new bill. This bill, which after substantial amendments was granted Royal Assent on 5 April 1710, became known as the Statute of Anne owing to its passage during the reign of Queen Anne. The new law prescribed a copyright term of 14 years, with a provision for renewal for a similar term, during which only the author and the printers to whom they chose to license their works could publish the author's creations. Following this, the work's copyright would expire, with the material falling into the public domain. Despite a period of instability known as the Battle of the Booksellers when the initial copyright terms under the Statute began to expire, the Statute of Anne remained in force until the Copyright Act 1842 replaced it.

The statute is considered a "watershed event in Anglo-American copyright historyΒ ... transforming what had been the publishers' private law copyright into a public law grant". Under the statute, copyright was for the first time vested in authors rather than publishers; it also included provisions for the public interest, such as a legal deposit scheme. The Statute was an influence on copyright law in several other nations, including the United States, and even in the 21st century is "frequently invoked by modern judges and academics as embodying the utilitarian underpinnings of copyright law".

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