Posts tagged with: "articles"
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19 Nov 2010, 11:46 am by team
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]
12 Dec 2010, 3:00 am by team
Mr.Nicolas Cocaign is suffering from a severe mental illness (schizophrenia). Following his release from jail in summer 2005, the prefect of Hauts-de-Seine ordered his detention in  a mental health center. Nevertheless, he was again detained in jail (cf. Case Patoux v. France). On January 3rd 2007, he was suspected to have killed one of his cellmate in the overcrowded jail Bonne Nouvelle in Rouen and eat a part of his lung. On January 17th 2007, he was condemned to 45 days disciplinary cell for… [read post]
25 Feb 2012, 9:32 am by Simmons & Schiavo
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]
31 Jan 2012, 9:48 am by Simmons & Schiavo
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]
23 Oct 2010, 4:54 pm by team
On 7th June 1999, the applicant was arrested for “attempted murder” and placed in police custody. The next day, he was put under oath and interrogated before he could meet his lawyer. On 9th June 1999, he was suspected of complicity to commit murder and detained in jail pending investigation. On December 8th 2001, he was released on his own recognizance. On March 1st 2002, the charge was changed to “aggravated assault“. On October 31st 2002, he was condemned for… [read post]
28 Mar 2014, 6:40 pm by Stuart Carpey
While only 20% of passenger vehicles result in a fatality, 80% of all motorcycle accidents result in death. The number of deaths resulting from motorcycle accidents has increased every year since 1997. In addition to death, motorcyclists are also more likely to suffer head injuries. The government has conducted a number of studies to determine the cause and factors surrounding these accidents. The goal of this research is to help educate all drivers on the road of common causes of motorcycle… [read post]
24 Sep 2013, 1:13 am by legalinformatics
Professor Jonathan Zittrain, Kendra Albert, and Professor Lawrence Lessig, all of Harvard University, have posted Perma: Scoping and Addressing the Problem of Link and Reference Rot in Legal Citations. Here is a summary: We document a serious problem of reference rot: more than 70% of the URLs within the Harvard Law Review and other journals, and 50% of the URLs found within U.S. Supreme Court opinions do not link to the originally cited information. [...] In response, the Harvard Library Innovation… [read post]
30 Sep 2011, 8:34 pm by Team
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]
3 Nov 2010, 2:41 pm by team
On October 19th 2009, Mr. Tisset was arrested for a narcotic offense, by order of an investigating judge. The applicant was not informed of his right to remain silent, and requested immediately to talk to a lawyer. But he was denied any legal assistance during his police custody of 2 days and 17 hours, under a special derogation for all narcotic offenses investigations (art. 63-4 of the code of penal procedure). During this police custody, he made self incriminating statement. Under art. 63-4 of the… [read post]
8 Feb 2013, 6:57 am by Marco Schiavo & Kenneth Simmons
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]
23 Jan 2011, 9:53 pm by team
On April 29th 1999, the Grand Chamber of the European Court of Human Rights found in judgment Chassagnou and others v. France (25088/94 ; 28331/95 ; 28443/95) a violation of articles 1 of protocol 1 and article 11 in conjunction with article 14 of the Convention because the applicants were forced to belong to a hunting association (ACCA) and to let armed hunters and hunting dogs from this association enter their land. The Court ruled a violation of article 14 because large land owners could be… [read post]
7 Aug 2012, 3:25 pm by Biersdorf & Associates
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]
23 Nov 2011, 9:41 am by Team
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]
4 Mar 2011, 2:16 pm by team
On July 13th 2009, Mr. Duteil holder of probationary driver license, was stopped by a police officer. He was issued a citation because he was charged with the contravention of driving under the influence (art.  R234-1 of the road code). The citation mentioned : “point (s) driver’s license penalty”. The applicant paid a fine of 90€. On November 25th 2009, he was informed that following to the payment of the fine 90€, his driver license was invalidated by the Minister of Interior. Under… [read post]
22 Mar 2011, 10:29 am by Daniel
Recently my wife and I welcomed our second child, Cooper Bowie Jimenez, into the world.  Cooper's arrival has reminded us just how many details about having an infant we conveniently forgot since his brother's arrival three years ago.  These can include, but are not limited to, sleepless nights, irritability, doing many more loads of laundry than you ever thought possible and of course sleepless nights.  It also started us on the discussion of who we would ask to be Cooper's… [read post]
14 Sep 2012, 4:03 pm by Team
On August 25th 2000, Ms. Horvath, an Hungarian citizen was interrogated in Dutch and English by Dutch speaking police officers of the Ghent police without the assistance of a sworn interpreter (art.47 bis of the code of criminal instruction). On March 27th 2001, she received a summon in Dutch from the prosecutor of the king of the Belgians. On February 14th 2002, she was condemned in absentia by the tribunal of Ghent. On November 9th 2004, the court of appeal of Ghent condemned her in absentia. On… [read post]
28 Mar 2014, 6:21 am by Stuart Carpey
Running from the spinal cord to the arms, the brachial plexus is a collection of nerve fibers that control the movement of a person’s shoulders, arms, and hands.  Unfortunately, the brachial plexus is particularly susceptible to injury—especially during childbirth.  Injuries to the brachial plexus often occur when a child’s shoulders are too large for the mother’s pelvis, as width of the upper torso prevents the rest of the body from passing through the birth… [read post]
23 Jan 2010, 7:29 pm by team
On December 3rd 2009, the Committee of Ministers adopted the resolution (2009)126, closing  the examination of the judgment of Selmouni v. France (25803/94). From November 25th to 29th 1991, the applicant was tortured at a police station in Bobigny during an investigation on drug trafficking. According to him, he was assaulted physically and sexually with a weapon, and threatened with a syringe and a blowlamp because he was exercising his right to remain silent. On September 16th 1993, the appeal… [read post]
15 Aug 2012, 11:43 am by Biersdorf & Associates
In eminent domain cases that result from  transportation projects or any public use project, an owner’s only remedy is to insure that full payment is received for the property taken (direct damages) and any resulting loss in value to the property that remains (indirect, or severance damages).  Property owners are also entitled to relocation benefits when forced to relocate their business or residence as a result of the taking. Relocation is an administrative process established by the condemning… [read post]
22 Dec 2011, 10:29 pm by Team
On September 12th 1998 around 2pm, Mr. Alain Dubois was found dead in a public park near the railway station of Pau. He had suffered serious head injuries and multiple trauma. The police officers in charge of the investigation didn’t treat the area as a scene of crime. They didn’t collect and safeguard any evidence on the scene and on the body. They didn’t document postmortem changes to establish the location of injury and the time and place of death. No documentation of the social, medical… [read post]