Topic: Law (Page 6)

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🔗 Lèse-Majesté in Thailand

🔗 Law 🔗 Thailand

In Thailand, lèse-majesté is a crime according to Section 112 of the Thai Criminal Code. It is illegal to defame, insult, or threaten the monarch of Thailand (king, queen, heir-apparent, heir-presumptive, or regent). Modern Thai lèse-majesté law has been on the statute books since 1908. Thailand is the only constitutional monarchy to have strengthened its lèse-majesté law since World War II. With penalties ranging from three to fifteen years imprisonment for each count, it has been described as the "world's harshest lèse majesté law" and "possibly the strictest criminal-defamation law anywhere". Its enforcement has been described as being "in the interest of the palace".: 134 

The law has criminalised acts of insult since 1957. There is substantial room for interpretation, which causes controversy. Broad interpretation of the law reflects the inviolable status of the king, resembling feudal or absolute monarchs. Thailand's Supreme Court decided the law also applies to prior monarchs. Criticism of any privy council member has raised the question whether lèse-majesté applies by association. Even attempting to commit lèse-majesté, making sarcastic comments about the King's pet, and failure to rebuke an offense have been prosecuted as lèse-majesté.

Anyone can file a lèse-majesté complaint, and the police formally investigate all of them. Details of the charges are rarely made public. A Section 112 defendant meets with official obstruction throughout the case. There are months-long pretrial detentions, and courts routinely deny bail to those charged. The United Nations Working Group on Arbitrary Detention determined that the pretrial detention of an alleged lèse-majesté offender violated international human rights law. The courts seem not to recognise the principle of granting defendants the benefit of the doubt. Judges have said accusers did not have to prove the factuality of the alleged lèse-majesté material but only claim it is defamatory. Pleading guilty, then asking for a royal pardon, is seen as the quickest route to freedom for any accused.

Since the 1976 coup, coup makers have regularly cited a surge of alleged lèse-majesté charges as a reason for overthrowing elected governments. This was cited as one of the major reasons for the 2006 coup and that of 2014. In 2006 and 2007, there were notable changes in the trend. Those targeted by lèse-majesté complaints included more average citizens who were given longer jail sentences. Human rights groups condemned its use as a political weapon and a means to restrict freedom. The 2014 junta government granted authority to army courts to prosecute lèse-majesté, which has usually resulted in secret trials and harsh sentences. Prior to the law's revival in 2020, for three years the Thai government often invoked other laws, such as the Computer Crimes Act and sedition laws, to deal with perceived damages and insults to the monarchy. The longest recorded sentence was in 2021: 87 years imprisonment, reduced to 43 years because the defendant pleaded guilty. In 2023, the Supreme Court ordered a female politician from the Move Forward Party to be banned from politics for life due to her alleged lèse-majesté posts on social media.

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🔗 Justice Delayed Is Justice Denied

🔗 Law 🔗 Time

"Justice delayed is justice denied" is a legal maxim. It means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all.

This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because of the unfairness for the injured party who sustained the injury having little hope for timely and effective remedy and resolution. The phrase has become a rallying cry for legal reformers who view courts, tribunals, judges, arbitrators, administrative law judges, commissions or governments as acting too slowly in resolving legal issues — either because the case is too complex, the existing system is too complex or overburdened, or because the issue or party in question lacks political favour. Individual cases may be affected by judicial hesitancy to make a decision. Statutes and court rules have tried to control the tendency; and judges may be subject to oversight and even discipline for persistent failures to decide matters timely, or accurately report their backlog. When a court takes a matter "under advisement" – awaiting the issue of a judicial opinion, order or judgement and forestalls final adjudication of a lawsuit or resolution of a motion – the issue of timeliness of the decision(s) comes into play.

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🔗 Steve Jackson Games, Inc. vs. United States Secret Service (1993)

🔗 United States 🔗 Law 🔗 United States/Texas - Austin

Steve Jackson Games, Inc. v. United States Secret Service, 816 F. Supp. 432 (W.D. Tex. 1993), was a lawsuit arising from a 1990 raid by the United States Secret Service on the headquarters of Steve Jackson Games (SJG) in Austin, Texas. The raid, along with the Secret Service's unrelated Operation Sundevil, was influential in the founding of the Electronic Frontier Foundation.

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🔗 Section 4 of the 25th Amendment to the US Constitution

🔗 United States 🔗 Law 🔗 Politics 🔗 United States Constitution 🔗 Politics/American politics 🔗 U.S. Congress

The Twenty-fifth Amendment (Amendment XXV) to the United States Constitution addresses issues related to presidential succession and disability.

It clarifies that the vice president becomes president if the president dies, resigns, or is removed from office by impeachment. It also establishes the procedure for filling a vacancy in the office of the vice president.

The amendment provides for the temporary transfer of the president's powers and duties to the vice president, either on the president's initiative alone or on the initiative of the vice president, together with a majority of the president's cabinet. In either case, the vice president becomes the acting president until the president's powers and duties are restored.

The amendment was submitted to the states on July 6, 1965, by the 89th Congress, and was adopted on February 10, 1967, the day the requisite number of states (38) ratified it.

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🔗 One address is home to 285,000 US businesses, including Apple and Google

🔗 United States 🔗 Companies 🔗 Law 🔗 United States/Delaware

The Corporation Trust Center, 1209 North Orange Street, is a single-story building located in the Brandywine neighborhood of Wilmington, Delaware, USA, operated by CT Corporation, a subsidiary of Dutch multinational services firm Wolters Kluwer. This is CT Corporation's location in the state of Delaware for providing "registered agent services." In 2012 it was the registered agent address of at least 285,000 separate businesses.

Many companies are incorporated in Delaware for its business-friendly General Corporation Law and it was estimated in 2012 that 9.5 billion dollars of potential taxes had not been levied over the past decade, due to an arrangement known as the "Delaware loophole." Companies formed in Delaware are required to have an address in the state at which process may be served. Therefore, Delaware entities with no physical office in the state must have a registered agent with a Delaware address. Notable companies represented by CT at this location include Google, American Airlines, Apple Inc., General Motors, The Coca-Cola Company, Walmart, Yum! Brands, Verizon, and about 430 of Deutsche Bank's more than 2,000 subsidiary companies and special purpose companies. Both Former President of the United States Donald Trump, and his opponent in the 2016 United States presidential election, Hillary Clinton, have registered companies at the center.

🔗 Tragedy of the Anticommons

🔗 Environment 🔗 Economics 🔗 Law 🔗 Anthropology 🔗 Sociology 🔗 Game theory

The tragedy of the anticommons is a type of coordination breakdown, in which a commons does not emerge, even when general access to resources or infrastructure would be a social good. It is a mirror-image of the older concept of tragedy of the commons, in which numerous rights holders' combined use exceeds the capacity of a resource and depletes or destroys it. The "tragedy of the anticommons" covers a range of coordination failures, including patent thickets and submarine patents. Overcoming these breakdowns can be difficult, but there are assorted means, including eminent domain, laches, patent pools, or other licensing organizations.

The term originally appeared in Michael Heller's 1998 article of the same name and is the thesis of his 2008 book. The model was formalized by James M. Buchanan and Yong Yoon. In a 1998 Science article, Heller and Rebecca S. Eisenberg, while not disputing the role of patents in general in motivating invention and disclosure, argue that biomedical research was one of several key areas where competing patent rights could actually prevent useful and affordable products from reaching the marketplace.

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🔗 Trial and Execution of Nicolae and Elena Ceaușescu

🔗 Death 🔗 Law 🔗 Romania

The trial of Nicolae and Elena Ceaușescu was held on 25 December 1989 by an Exceptional Military Tribunal, a drumhead court-martial created at the request of a newly formed group called the National Salvation Front. Its outcome was pre-determined, and it resulted in guilty verdicts and death sentences for former Romanian President and Romanian Communist Party General Secretary, Nicolae Ceaușescu, and his wife, Elena Ceaușescu.

The main charge was genocide— namely, murdering "over 60,000 people" during the revolution in Timișoara. Other sources put the death toll between 689 and 1,200. Nevertheless, the charges did not affect the trial. General Victor Stănculescu had brought with him a specially selected team of paratroopers from a crack regiment, handpicked earlier in the morning to act as a firing squad. Before the legal proceedings began, Stănculescu had already selected the spot where the execution would take place: along one side of the wall in the barracks' square.

Nicolae Ceaușescu refused to recognize the tribunal, arguing its lack of constitutional basis and claiming that the revolutionary authorities were part of a Soviet plot.

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🔗 Hedges vs. Obama

🔗 United States 🔗 Law

Hedges v. Obama was a lawsuit filed in January 2012 against the Obama administration and members of the U.S. Congress by a group including former New York Times reporter Christopher Hedges, challenging the National Defense Authorization Act for Fiscal Year 2012 (NDAA). The legislation permitted the U.S. government to indefinitely detain people "who are part of or substantially support Al Qaeda, the Taliban or associated forces engaged in hostilities against the United States". The plaintiffs contended that Section 1021(b)(2) of the law allows for detention of citizens and permanent residents taken into custody in the U.S. on "suspicion of providing substantial support" to groups engaged in hostilities against the U.S. such as al-Qaeda and the Taliban respectively that the NDAA arms the U.S. military with the ability to imprison indefinitely journalists, activists and human-rights workers based on vague allegations.

A federal court in New York issued a permanent injunction blocking the indefinite detention powers of the NDAA but the injunction was stayed by the Second Circuit Court of Appeals pending appeal by the Obama Administration. On July 17, 2013, the Second Circuit Court of Appeals overturned the district court's permanent injunction blocking the indefinite detention powers of the NDAA because the plaintiffs lacked legal standing to challenge the indefinite detention powers of the NDAA. The Supreme Court declined to hear the case on April 28, 2014, leaving the Second Circuit decision intact.

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🔗 SCO–Linux Disputes

🔗 United States 🔗 Law 🔗 Linux

In a series of legal disputes between SCO Group and Linux vendors and users, SCO alleged that its license agreements with IBM meant that source code IBM wrote and donated to be incorporated into Linux was added in violation of SCO's contractual rights. Members of the Linux community disagreed with SCO's claims; IBM, Novell, and Red Hat filed claims against SCO.

On August 10, 2007, a federal district court judge in SCO v. Novell ruled on summary judgment that Novell, not the SCO Group, was the rightful owner of the copyrights covering the Unix operating system. The court also ruled that "SCO is obligated to recognize Novell's waiver of SCO's claims against IBM and Sequent". After the ruling, Novell announced they had no interest in suing people over Unix and stated "We don't believe there is Unix in Linux". The final district court ruling, on November 20, 2008, affirmed the summary judgment, and added interest payments and a constructive trust.

On August 24, 2009, the U.S. Court of Appeals for the Tenth Circuit partially reversed the district court judgment. The appeals court remanded back to trial on the issues of copyright ownership and Novell's contractual waiver rights. The court upheld the $2,547,817 award granted to Novell for the 2003 Sun agreement.

On March 30, 2010, following a jury trial, Novell, and not The SCO Group, was unanimously found to be the owner of the UNIX and UnixWare copyrights. The SCO Group, through bankruptcy trustee Edward Cahn, decided to continue the lawsuit against IBM for causing a decline in SCO revenues.

On March 1, 2016, SCO's lawsuit against IBM was dismissed with prejudice; SCO filed an appeal later that month.

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