Posts tagged with: "articles"
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12 Jun 2011, 2:35 pm
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]
15 Jun 2011, 4:46 pm
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]
19 Jul 2011, 9:28 pm
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]
25 Jun 2011, 4:21 pm
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]
16 Nov 2010, 6:23 am
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]
19 Jan 2011, 9:08 am
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]
29 Jun 2011, 6:35 pm
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]
10 Feb 2011, 9:03 pm
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]
21 Oct 2010, 5:36 pm
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]
4 Mar 2012, 5:52 am
[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]
16 Aug 2011, 1:03 pm
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]
31 Jan 2012, 9:48 am
Some 22 states have a state estate tax or a state inheritance tax. These taxes are in addition to the federal tax. For some people, it’s possible to reduce or eliminate these state taxes by making gifts before the end of 2012.
Ordinarily, you can give up to $13,000 each year to as many people as you like without paying gift tax. Through the end of 2012, you can also make total lifetime gifts in addition to these amounts of up to $5 million. You won’t have to pay gift tax on these additional… [read post]
25 Feb 2012, 9:32 am
People are sometimes concerned that after they die, a beneficiary (or more likely a non-beneficiary) will go to court to contest their will. Typically, a disgruntled would-be heir might claim that the person who made the will wasn’t mentally competent, or was under undue influence from some other person. These types of will contests can be very expensive, and they can cause a lot of emotional hardship within a family.
Recently, a handful of states have allowed people who make a will to go to court… [read post]
23 Jan 2011, 1:24 am
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]
19 Nov 2010, 11:46 am
On May 4th and 14th 1971, the applicants sold a part of their land of the island of Porquerolles to the French Republic at a highly discounted price. The deed of sale contained a clause authorizing the applicants to extend buildings or build new ones on their remaining land. At that time, Ms. Le Ber wished to build balneotherapy facilities for disabled.
But on 1976 and on 1978, the applicants were denied any permit to build. They filed their cases with the administrative tribunal. After losing… [read post]
11 Jan 2011, 9:45 pm
From the Georgia Court of Appeals comes a helpful case for Washington DUI attroneys on what amounts to probable cause to arrest for DUI. In State v. Encinas, 2010 WL 481357, the officer stopped Mr. Encinas for going 70 M.P.H. in a 55 M.P.H. zone and “riding against the fog line.” Upon approaching the vehicle the officer noticed that Encinas had bloodshot, glassy eyes and the he smelled of alcohol. When asked how much he had to drink Mr. Encinas replied the he had not been drinking. He had… [read post]
30 Sep 2011, 8:34 pm
On December 9th 1999, Mr. Thierry Ehrmann an artist opened a museum “the Organ” which offered residency for artists in the Abode of Chaos. The domain in the town Saint Romain au Mont d’Or, is the property of the real estate trust VHI owned by the artist. On December 9th 2004, the mayor of Saint Romain au Mont d’Or complained to the prosecutor of Lyon that there was drawings and slogans painted on the outside walls of the property.
On February 16th 2006 the tribunal of Lyon condemned the… [read post]
23 Nov 2011, 9:41 am
On March 10th 1999, Mr Portmann was arrested in a house in Urnäsch as a suspect in an investigation on a bank robbery. Unnamed Swiss police officers handcuffed his hands in his back, shackled his feet, and placed a hood on his entire head.
The suspect was transported, handcuffed, shackled and hooded to the police station of Herisau where he was interrogated in the same condition by an investigative judge. He exercised his right to remain silent during the interrogation and the investigative judge… [read post]
8 Feb 2013, 6:57 am
You may have a vision for your retirement, but does your spouse share that vision?
A recent study by Fidelity Investments found that many couples are not in accord about retirement. For example, one-third of couples approaching retirement disagree about or don’t know where they are going to live after they retire, and 62 percent don’t agree on their expected retirement ages.
Here are some important things to discuss with your spouse as you get ready to retire:
1. When to stop… [read post]
7 Aug 2012, 3:25 pm
When property owners are confronted with eminent domain, the situation usually involves the condemnation of a particular piece of real estate that is needed for a public use project. However, property rights and interests are also subject to the power of eminent domain. These include the taking or modification of existing easements, the creation of new easements and riparian rights (apart from appurtenant lands), or the condemnation of a restrictive covenant.
Our firm recently settled a case… [read post]