Posts tagged with: "articles"
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22 Oct 2010, 5:02 pm by team
French Polynesia is an overseas country of the French Republic. The coutry has its own president, ministers, national assembly, flag, currency, phone area code and is home to many local languages (Tahitian, Marquisian, Paumotu, Mangarevian) widely spoken by the population and authorized to be used in legal contract and business transaction (art. 57 law 2004-192). French is the language of the French Republic (art. 2 of the Constitution) and the official language of French Polynesia (art. 57 law… [read post]
8 Jul 2011, 2:48 pm by team
On July 12th 2007, the national council of bar in France (CNB) established in the decision JUSC0757656S the rules for lawyers in reporting confidential information to the government agency Tracfin. Tracfin is a national intelligence agency of the ministry of finance gathering information on money laundering and financing of terrorism. On October 10th 2007, Mr. Patrick Michaud who is a lawyer in Paris, lodged his case to the administrative supreme (conseil d’etat) to annul the decision… [read post]
30 Sep 2011, 10:54 am by Daniel
If you have been appointed the Guardian as per Article 81 you need to complete a Guardian training program.  This can be done in a live classroom setting, via DVD or online.  The Guardian Assistance Network, a program of the Unified Court System of the State of New York, now offers an online version of a court approved training course for non-professional guardians.  Online Article 81 Lay Guardian Training Program By clicking the above link you will be taken to the registration page for the… [read post]
19 Jul 2011, 9:28 pm by team
On n/a, the asylum claims of R.M and M.M were rejected. On n/a, the applicants were detained with their 7 months old baby in the immigration facility of n/a awaiting their deportations to n/a. Under articles L511-4 and L521-4 of the code of migration and asylum, illegal minors can’t be deported from France and therefore can’t be detained in any immigration facility. On May 28th 2011, the applicants submitted their case to the European Court of Human Rights arguing that their deportations to n/a… [read post]
12 Jun 2011, 2:35 pm by team
On March 13th 2010, S.C is placed in police custody in Liege and interrogated by police officers on a murder charge. She is not allowed to receive any legal assistance from a lawyer. On March 14th 2010, the applicant is interrogated by an investigating judge of the tribunal without any legal assistance. Belgium law didn’t authorize suspect in custody to receive any legal assistance at this stage of the investigation. On June 3rd 2010, the investigation chamber of the appeal court of Liege… [read post]
21 Jul 2010, 11:52 am by Kevin Sheerin
Matter of Brian A. Herlihy v. Thomas P. DiNapoli, as State Comptroller In this Article 78 case, the court reviewed a decision of the State Comptroller which denied the petitioner’s application for accidental disability retirement benefits. In 1995, petitioner started working as a police officer for the Town of Bedford, Westchester County. From 2001 to 2005, petitioner sustained three work related injuries. In 2001, while lifting a speed trailer, petitioner felt a pop in his back. In 2002,… [read post]
25 Jun 2011, 4:21 pm by team
In February 1998, Mr. Abdalwahab Guerni was contacted by an undercover police officer R. He was introduced to him through a police informant D. The undercover police officer R. asked to purchase drugs. On March 5th 1998, the applicant was arrested when delivering the drugs. On November 18th 2003, the tribunal of Brugges convicted the applicant to 4 years in prison and to a fine. The applicant had argued that the covert operation was not authorized by law. On May 31th 2006, the appeal court of Gent… [read post]
15 Jun 2011, 4:46 pm by team
On July 1st 1992, a Belgium bank received from Nigeria a “contract”  to transfer $45 millions to the bank account of Mr. Dimitrios Coussios. It seems to have been an attempt for an advanced fee fraud (also called 419 fraud). Nevertheless, the bank informed the employer of Mr. Dimitri Coussios (the European Commission) of the contract. The district attorney of Brussels didn’t open any investigation. On December 1st 1993, the European Commission fired the applicant for having formed a contract… [read post]
21 Oct 2010, 5:36 pm by team
On January 20th 2009, a parking ticket was issued for the car parked by the applicant at Montigny-le-Bretonneux. A fine notice was sent to the applicant son’s who had registered the car. On March 5th 2009, the applicant requested the prosecutor to dismiss the proceeding against his son and open proceeding against him under art. 529-10 1-b) of code of penal procedure. He also requested to be prosecuted to challenge the legality of the parking ordinance in court. On June 15th 2009, the… [read post]
16 Nov 2010, 6:23 am by Beth Graham
S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, recently wrote an interesting article entitled From Class to Collective: The De-Americanization of Class Arbitration, Arbitration International, Vol. 26, No. 4, 2010.  In the article, Professor Strong considers in detail what new forms of group arbitration will likely arise in the future. Here is the Abstract: Opponents to international class arbitration (also known as ‘class action arbitration’… [read post]
10 Oct 2013, 2:29 pm by Mandelman
A few days ago, I received an email containing a link to a post on the blog, Deadly Clear.  It posed the question, “Is the Promissory Note Even Enforceable?”  Considering we’ve lost over six million homes to foreclosure, it would seem an easy question to answer… yes.  But, since this post was apparently being circulated, I felt compelled to take a look. I’ve pretty much had enough with the misinformation that gets circulated… just because someone… [read post]
29 Jun 2011, 6:35 pm by team
On November 29th 2009, 57.5% of the 2,709,287 votes were in favor of the popular initiative to forbid the building of minaret in Switzerland. As a result, article 72 of the Federal Constitution of Switzerland was modified. Mr. Hafid Ouardiri is a Muslim living in Switzerland who is working as the director of the “Inter-Knowing Foundation“. On December 15th 2009, the applicant lodged his case to the European Court of Human Rights arguing that to forbid to build a minaret was a violation of… [read post]
28 Sep 2013, 5:03 pm by Vishnu S
Anshu Bansal, Research Associate Can Judiciary manage the Environment? The role of the judiciary is really important as the role of mitochondria of a living human cell. Had the judiciary...The post Environmental protection and role of judiciary in India appeared first on The Lex-Warrier. Related posts:Judicial Activism in Environmental Protection: An Environmentally Active Judiciary Author: Nivedita Saxena, Research Associate Judicial activism is essentially the terminology for judicial rulings that… [read post]
10 Feb 2011, 9:03 pm by legalinformatics
Edward T. Hart of the University of Florida Legal Information Center has published Indexing Open Access Law Journals…or Maybe Not , International Journal of Legal Information , 38(1), 19-42 (2010) (article 5). Here is a summary: [W]hat would be the results of a …study of the law journals listed in the [Directory of Open Access Journals, DOAJ]? That is what I set out to discover. [In this article] are: a brief description of scholarly open access publishing and the Directory, a look at the… [read post]
19 Jan 2011, 9:08 am by Daniel
The short answer is simple.  Guardianship under Article 81 of New York's Mental Hygiene Law allows a court to appoint a guardian to manage the personal or property needs of a person who is unable to provide for their own needs AND cannot adequately understand/appreciate the consequences of their inability to do so.Since the appointment of a guardian takes the ability to make decisions away from the incapacitated party it should only be considered as a last resort.  If a person has already… [read post]
4 Mar 2012, 5:52 am by Attorney Christopher A. Pearsall
[Pre-Article Commentary: This is one of the best divorce tips I could possibly give to my potential Rhode Island Divorce clients whether I represent them or coach them. Though I didn't write this I'm glad it is being brought to the public's attention. Think before you act. - Attorney Christopher A. Pearsall] Article By: Patricia Reaney REUTERS Saturday February 25, 2012 9:37 AM NEW YORK — Couples who might be headed for a nasty breakup should be careful about texting, which could end up as… [read post]
1 Oct 2013, 1:29 pm by Giles Peaker
As First Tier Tribunal bedroom tax decisions go, this one is a corker. Glasgow FTT has decided that the Regulations as applied to a severely disabled woman who could not share a bedroom with her partner amounted to an unjustified breach of Article 14, read with Article 1 Protocol 1. The decision is here.I need time to consider the decision properly and write it up, but the headline is that the FTT read the relevant regulation (B13(5)(a)) to read “(a) a couple (within the meaning of part 7 of… [read post]
1 Oct 2013, 1:29 pm by Giles Peaker
As First Tier Tribunal bedroom tax decisions go, this one is a corker. Glasgow FTT has decided that the Regulations as applied to a severely disabled woman who could not share a bedroom with her partner amounted to an unjustified breach of Article 14, read with Article 1 Protocol 1. The decision is here.I need time to consider the decision properly and write it up, but the headline is that the FTT read the relevant regulation (B13(5)(a)) to read “(a) a couple (within the meaning of part 7 of… [read post]
16 Aug 2011, 1:03 pm by Team
On July 28th 2011, Mr. G B.S a legal resident of Italy from India was arrested in the train station of Bordeaux while purchasing a train ticket to Italy. He was detained in police custody on the suspicion of being illegal in France (article L621-2 of the code of migration and asylum). On July 29th 2011, he was placed in the immigration detention facility of Bordeaux awaiting his deportation to Italy. On July 30th 2011 at 3:45pm, he submitted an “habeas corpus” motion to be immediately release… [read post]
23 Jan 2011, 1:24 am by team
On May 7th 2009 at 08:50, Mr. Georg Mosashvili was arrested for entering Monaco despite his administrative ban of the country (art. 23 executive order 3153 1964). He was placed in police custody for up to 24 hours under the control of general prosecutor (art. 60-1 of the code of penal procedure). He was then brought the same day at 14:30 to the prosecutor general (art. 252 of the code) who issued an “arrest warrant” for his detention at the local jail (art. 162 of the code) for up to 6… [read post]