texts: Why can colleges "discriminate" against students from other states by charging them more?

texts:
The Constitution states that the federal government has the right to regulate commerce between the states. As shown in Gibbons v. Ogden; Heart of Atlanta Motel, Inc. v. U.S.; Katzenback v. McClung; West Lynn Creamery v. Healy, etc., essentially anything relating to other states is subject to the Commerce clause. As the American Bar site says:

  The Court ruled in Heart of Atlanta Motel, Inc. v. U.S. (1964) that Congress had plenty of authority under the Commerce Clause to ban racial discrimination at the hotel because the hotel catered to interstate travelers and it therefore affected interstate commerce. The Court ruled the same day in Katzenbach v. McClung (1964) that Congress had plenty of authority under the Commerce Clause to ban racial discrimination at Ollie’s Barbecue because a good portion of the food used by the restaurant was imported from out of state, and the restaurant therefore affected interstate commerce.

This shows how almost anything serving someone from out-of-state relates to the Commerce clause. So colleges are subject to the Commerce clause. Why are colleges allowed to charge out-of-state students tens of thousands more for college, constitutionally?


texts: Is there a difference between "say" and "submit" in court parlance?

texts:
In the (senior) courts of England & Wales, a submission given verbally might perhaps be introduced with:

  We say…

or

  We submit…

Strictly speaking, is there some distinction between what it means to "say" something to the court and to actually "submit" it?  (It seems to me that "say" might be for more subjective arguments, but perhaps it is mere stylistic choice).


texts: Girlfriend got a parking ticket for parking in front of her own house. Is this legal?

texts:
My Girlfriend goes to University of Mary Washington in Fredricksburg VA. She got a parking ticket because she parked on the street in front of the house she rents. On the street there's a sign that says no UMW student parking but she didn't think this applied if you own the property and she's lived there for 10 months and hasn't gotten a ticket yet.

Is there any way she could get out of this ticket?


texts: Can a hospital, or other entity, legally file collections on a debt incurred by a minor's parents?

texts:
Say a child goes to the hospital for whatever reason and, because hospitals are expensive, incurs a debt onto the parents.

The parents, for whatever reason, elect not to pay.

The hospital then transfers that debt onto the minor, which would obviously affect their credit score as it is sent to collections.

Is this legal in the United States?

I am mostly aware that minors may not enter legally binding contracts, and thus payment for the debt cannot be demanded of the minor.


texts:
I have several questions in regard to a citation I just received in the mail. I moved to a Chicago suburb this last year that apparently requires you to pay for a sticker for each car you own. It's not a parking sticker, just called a "Village Sticker". The citation I received states my violation as having "No Village Sticker". It says that I already received a citation on 01/01/15. I did not. It continues to say that if I do not pay the amount due within 10 days of the date of this notice, it will result in a Determination of Liability. The Notice is dated 10/05/2015. I received the notice in the mail on 10/16/2015 and it is post marked 10/08/2015. Since I am already past the "due" date I am trying to figure out exactly what to do. I could attend the hearing, but I'd like to be a little more informed about the following:

-Can I do anything about not having received the citation claimed in this notice (01/01/15)?

-Is it ok that the notice was dated on a Monday (10/05) and not posted until Thursday (10/08)?

More generally, how is this type of required sticker even lawful? Is it essentially a tax?

Thanks in advance.


texts: Agreement for voluntary contribution on a non-open source project

texts:
I'm the owner of a free, but non-open source, Android app. I have received many offers by my users to voluntarily contribute by translating the app in other languages.

What does this mean by a legal standpoint? Should they sign some sort of CLA? I'd like to prevent future legal problems if my app becomes commercial or I want to sell it to another company.


texts: Is it a crime to falsely claim to have committed a crime to someone not a legal authority?

texts:
I've been wondering about this. I know that, say, it is generally a crime to file a false police report, and the motivation for this seems logical because that it wastes police time and resources - and thus takes them away from being able to spend them on real leads, and thus also to degrade the public safety by that little bit.

But I also know that, if one admits to making a crime on a public forum, such as an Internet forum, it is possible that a prosecutor who is looking at such fora could potentially use the admission to bring charges, even if the admission is not specifically directed toward one. However, what I wonder about is if some of the above logic does not also, then, apply to a situation like this: if one were to, given this fact, falsely announce on such a forum that one had committed a crime that one actually did not, could it amount to having the same effect of wasting prosecutor/law enforcement time albeit in a more indirect way that sneaks through their attitudes, and thus potentially also be considered some kind of crime?

(I want to point out I'm not referring to making a false claim to be the perpetrator of a known crime, or to falsely claim someone else is that perpetrator to, say, get reward money. I'm referring specifically to announcing an unknown crime one did not commit, a crime that does not exist, on a public venue like a forum that is not specifically a channel to police or other authorities. If a prosecutor got ahold of it and tried to pursue it, and it were during the course of that proven a hoax, what would happen?)

FWIW, the country in question is the United States.


texts: Is the President at the top of all organ waiting lists?

texts:
In the United States, people can often wait for years on organ lists before receiving the organ they need. Does the President automatically move to the top of these lists, should they find themselves in need of an organ, or do they have to wait like everyone else?
Edit: Is there a legal mechanism in place for getting the President an organ, should they suddenly need one?


texts: Does possesing BUT NOT processing a personal data make the organization their controller?

texts:
According to Article 4(7) of GDPR:

  ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

What if the organization comes into possession of certain data, but never intended to acquire it, and therefore hasn't determined any purposes or means of processing them?

For example, a certain company ABC rents rooms to other companies and one day in one of the rooms (no longer rented by anyone) finds a box full of documents. There are personal data. Company XYZ, which used this room earlier, claims that this data does not belong to it and that it is not the controller. Does ABC temporarily become their controller in the sense of the GDPR and is therefore obliged to take certain actions as described in GDPR to protect this data? Or maybe ABC is not the controller and the protection of these found data results from completely different legal acts?


texts: Are property managers of rented properties obligated to wear face masks when interacting with residents?

texts:
Asking this for my sibling:
"I am currently living in Oakland and am living with a chronic health conditions that puts me at greater risk of complications from COVID. My property manager doesn’t wear a mask around myself and other residents and does not take any COVID precautions. I have said that I want him to wear a mask, but he has ignored that. I'm hesitant to say anything to the management company or the landlord because I am not sure if he is the landlord. I’m worried that if I say anything, nothing will change and he will be less responsive to maintenance needs (the apartment has shoddy electrical wiring and heating and I depend on him being responsive when things go wrong). What are my rights as a tenant when it comes to COVID and how do I get him to wear a mask around me?"


texts:
Based on EU Law only:
A Spanish national, moves to France with his family: his wife, an Italian national, and their children. The husband works for a multi-national corporation and is very well paid. The wife remains at home with the children. They have substantial savings, although they do not have medical insurance in France. The wife always travels back to Italy for medical treatment for her children or herself when required. After 3 years in France, the husband is relocated by his company to India. The wife decides to remain in France with the children who have settled in school. She chooses not to work. She is required to complete some paperwork relating to the children’s schooling and the authorities notice the absence of medical insurance.
Would the wife be deported on the grounds that she does not have medical insurance in the host country and that she is not a worker, even though her children go to school there?


texts: Would a bitcoin "cleaning" service be legal in New Zealand?

texts:
I'd like to create a piece of software or service which takes someone's Bitcoin, goes through a process of "cleaning" it (making it untraceable) and then returning it.
Provided the purpose of the application is not for any kind of criminal usage, could this be legally published as a service?


texts: Do I have any legal ground to demand an exact breakdown of my FICO score? The precise formula and data points that were used for my report, not some generic explanation.


texts: Supreme Court Cases That Have Been Decided on Statistical Evidence---Are There Any?

texts:
Have there been any Supreme Court cases that have been decided based on statistical evidence?
If so, which ones; and what was the evidence presented?
In 1897, Oliver Wendell Holmes (before he became a Supreme Court judge) had said in a speech at Boston University: ``For the rational study of the law---the man of the future is the man of statistics and the master of economics. It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.''
However, in the 120+ years which followed Holmes' speech, it has been observed (see, for example, https://fivethirtyeight.com/features/the-supreme-court-is-allergic-to-math/) that the Supreme Court has not been very receptive to statistical/quantitative evidence.
I would like to know of any counterexamples to that observation.
Thank you.


texts:
Today I saw this video about this video game called No Man's Sky. They say Hello Games - the creater of No Man's Sky - is possibly using a math formula patented by another compony.

This really surprised me, can you patent a math formula? And if so, how complex does it have to be? (Complex as in long or difficult, not the complex numbers.) Could someone for example patent the formula y = 3x - 5?


texts: Do I need to post a notice in beauty salon if surveillance camera is on premises (California)?

texts:
My friend's beauty salon and beauty product shop was inspected some time ago and in the inspection report it is noted  "Surveillance camera in the shop".

Now I am wondering what the inspector might have actually meant with that note on her inspection result? Is there a law that requires notice to be posted?

I can't find anything in http://www.barbercosmo.ca.gov/laws_regs/act_regs.pdf regarding cameras so it might be mentioned under different regulations.


texts: I have seen numerous allegations from numerous people on social media stating that President Trump is a rapist, child rapist and pedophile, without one piece of verified or unverified evidence. Can President Trump sue for libel or defamation?


texts: Where can one find the penalty per state for a particular drug crime?

texts:
Are the sentencing guidelines for each US state available in some consolidated tabular form?

I want to be able to easily compare the crimes and their penalties across states to try to identify any differences.


texts: Is there any law that can prevent China from restricting migration of STEM workers to the US?

texts: Is there any law restricting China's ability to prevent STEM workers from coming to the US?


texts: I believe [program] violates GPL, do I need to sue the author before using its source code?

texts:
Let's say there's a program ("ABC") which is licensed under GPL. There's a similar program ("CAD") on the market, which I believe is a modified ABC. It is therefore in violation of the GPL.
Am I allowed to take and use (or reverse engineer) CAD's source code without the author's consent, or do I need to sue CAD's author first for violating GPL?
Looks related: What are the potential legal consequences for a company that has GPL violations? The answer to that question makes me suspect the answer to this question is "yes", but I'm not sure, since I can potentially be wrong about CAD.


texts: Whom should I contact if I want to create a legal gambling business with an offshore company?

texts: I'm interested in creating a legal gambling business. What kind of lawyer should I contact in order to make everything legal?


texts: Is stating preference for women or people of color on Twitter for a job listing discrimination?

texts:
Something I've seen become more common is for folks working at a company to promote a job listing on Twitter, etc. and to say something along the lines of "I'd love to see more women/people of color apply". This is done in the interest of promoting diversity in the industry, but I've always avoided posting these sort of messages as I'm worried that it may be discrimination.

It is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
For example, a help-wanted ad that seeks "females" or "recent college graduates" may discourage men and people over 40 from applying and may violate the law.

Prohibited Employment Policies/Practices (Job Advertisements section) U.S. Equal Employment
Opportunity Commission

If an employee of a company posts "I'd love to see more women, minorities, and people of color apply to this posting: <link>", is that considered showing a preference, or is that limited to the contents of the job advertisement itself? What are the ramifications if this is not legal?


texts: Can an ISP be fined for Copyright Infringement on their networks?

texts:
I was told from a local ISP that they are shutting off accounts for copyright infringement, because they personally can be fined if they do not.

Has there been any news worthy events regarding ISPs and copyright infrigement that I should be aware of?

Can anyone comment on the validity of this statement? Sources preferably.

Thanks.


texts: Can getting medical marijuana prescribed prevent you from owning or buying a firearm?

texts:
The federal law governing possession and ownership of firearms is 18 U.S.C. § 922(g)(3). This prohibits possession or ownership by a person who is “…an unlawful user of or addicted to any controlled substance (as defined in section 802 of the Controlled Substances Act 21 U.S.C. 802).”

So an unlawful user is;

the user of an illegal controlled drug
the wrongful user of a legal controlled drug

Under the Controlled Substance Act, all Schedule I drugs are illegal to prescribe and use under federal law.

So, if you use medical marijuana prescribed by a doctor. Are you automatically an unlawful user of a controlled substance and cannot possess, use, buy, sell, gift, or transfer firearms?


texts:
I was interested in purchasing a puppy from my job. I told my manager(A) that I didn’t have the money out right to afford it because of the whole corona situation, but the future puppies that I would sell and my paychecks will go fully to the dog till he’s paid off.

She said "of course, absolutely", and that whatever I don’t get financed for we can do in-house payments.

I had to ask my other manager(B) to help me with financing, who then said that I need to put a down payment of $2000, which that wasn't the agreement with manager A.

So I went to manager A and told her that that’s not the agreement we had, and I went into contacts on how the manager that told me it was $2000 failed to trai. me in certain positions in my job and she took some of my commission and the manager that made the agreement with me.


texts: Under what circumstances can a low/midlevel employee be personally sued for a corporate act?

texts:
Let's say, for instance, that the issue at hand was the Exxon Valdez Oil Spill. Exxon was sued of course, and I would imagine that its then chairman would have, or at least could have been, sued.

The perpetrator of the accident was one Captain Joseph Hazelwood of the vessel. From what I understand, he was sued, even though he was a "mid level" employee. Was it his tie to the incident that allowed him to be sued?

Change the facts some. A janitor or plumber working for a contracting agency in "servicing" a client negligently flipped a switch that caused the client's building to be burned down. I would imagine that the agency could be sued. Can that person also be sued, or is s/he too "low level" for this?

Put another way, my understanding is that a person needs to have "standing" in order to be a plaintiff in a case. Is it true that someone (even if low level), similarly needs to have "standing" (or its equivalent) to be a defendant, and if so, what constitutes such "standing?"


texts: do money and virtual coins have the same laws?

texts:
Virtual coins are hot and the trend is settling in, many website are starting to create their own virtual currencies that can be used on their own website.

What laws apply on these coins, are they considered to be something that have value, just like money? What if I buy virtual coins (to be used on their website), and someday they decided to close without warning, does the website have to compensate me with money for my coins?


texts:
Two somewhat unrelated questions on disparagement, specifically in the context of California:

What is the current standing law with regard to non-disparagement clauses in contracts? I recall a recent law prohibiting them in terms of service agreements, but what about employment an other (e.g. severance) contracts? Are they legally enforceable? Does California have an anti-SLAPP law?
What is the legal definition of disparagement in the context of a non-disparagement agreement? Is it like libel in that it is limited to untrue claims, or are any negative and business-impacting claims subject to it even if demonstrably true?


texts:
Primary resource: [Hefny v. _ (1997) (citation needed, appears to have been dismissed by the U.S. District Court)]

Secondary sources:

Egyptian Immigrant Wants to be Reclassified as Black
Race, Nationality, and Reality, Part 3

Can a person simply choose to self-identify as "white" to satisfy the legal requirements for being recognized as "white" under both state and federal law?

Does state or federal law specifically not provide for a legal process to be "classified"
 or "re-classified" as "white" or "black or African American"?

What are the legal requirements in the United States for being recognized under federal law as "white" or a "white" person?


texts: Meeting the "traditional" requirement for Protected Designation of Origin (PDO)

texts:
The EU's Protected Designation of Origin (PDO) scheme is defined in Regulation (EU) No 1151/2012 of the European Parliament and supplemented by Commission Delegated Regulation (EU) No 664/2014 (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32014R0664). It is intended to provide consumers with assurance that a product is produced in a specific geographical region using local ingredients and the expertise of local producers. The legislation repeatedly mentions "traditional" production methods, but I can't see a clarification of how this is defined or how flexible it is.

I am particularly interested in one example: the Alentejano breed of pig has PDO recognition (this links to a page in English describing the breed and a link to a PDF of the product specification, the latter in Portuguese). I have previously been told that farmers are reluctant to change from using traditional thick adobe-walled buildings to metal pig arks because it is less traditional, even though these result in a lower risk of certain parasites and diseases. Can anyone explain whether changing pig housing in this case might represent any risk to being able to label the resulting products with the PDO certificate, or (if this is not clear) what additional information would allow it to be answered?


texts: Can a Silicon Valley HQ'ed company request a previous salary for a Japan-based position?

texts:
I have recently become aware of a new California law (effective Janaury 2018) which prevents employers from requesting salary history to potential hiring candidates: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB168

However, a very large Silicon Valley-based company with a branch in Japan is indeed requesting this information for a position based in Japan (prior to an offer of course).

I am confused about if this law would apply to the company even in Japan.

All I have been able to find out is that the Japan branch is a "100%-owned subsidiary" of the California-based HQ, and even with that information I am not sure how the law applies.

(If it's relevant, this question would apply to an applicant that is a U.S. Citizen/California non-resident and currently files both California State tax and Federal income tax, and the previous company worked at would be a Japan-based one.)


texts:
My question has two parts regarding with the -

Regulation of First and/or Middle name
Regulation of Last name

First question might not be tricky but for second question there could be some challenges.
As we know most of the last names in India are either

caste (like Sharma, Sahu, Rao) or
generic terms (like Kumar, Singh) or
some family name (like Allu — mainly in South India)

In this regard except for caste based last name there shouldn't be any problem.
Now for caste based last names —

What if someone belonging to Sharma caste names their child ABC Sahu ?
Is it allowed?
If allowed - What about reservation  for which Govt manages list of castes under various categories like Gen/OBC/SC/ST ?

(However there must be other evidences to decide category - still there could be problems like Meena and Mina where only Minas are given reservation benefits and spelling change can erupt confusions as it already did. — Latin and Devanagari scripts being used in Certificates)


texts: Can a hotel or Airbnb host deny me accommodations based solely on the fact that I will be having a medical procedure?

texts:
An Airbnb host recently denied me accommodations because I will be recovering from surgery. It happens to be a very simple procedure, but even if it wasn't, isn't this a violation of the American with Disabilities Act? I'm not asking for wheelchair access or any other special features. However, if the listing fulfills my needs, and it does, isn't it illegal for them to deny my reservation based on that consideration alone?

Airbnb hosts can deny guests for a number of reasons, but they made it explicitly clear in their messages (stored by Airbnb) that the only reason for their denial is the fact that I'm having surgery.


texts: Isn't 'confidentiality' misnamed, when it's not confidential compared to solicitor-client privilege?

texts:
Though for Canadian law, Robin Nobleman JD (Osgoode) spotlights that:

This difference means that while all communications between a lawyer and his/her client are confidential, not all communications are privileged such that they would be protected from disclosure in a lawsuit.

So if confidential, non-privileged information can be compelled for disclosure, then how can it be termed "confidential"? 'Confidentiality' feels like a too forceful misnomer.

Details. Optional Reading.
Neil Guthrie DPhil English (Oxon), LLB (Toronto).  Guthrie’s Guide to Better Legal Writing  (2017).
p. 39 Bottom

2) E-mail Disclaimers
Nerd alert: I love assessing the e-mail disclaimers that individual
lawyers and law firms use, especially as they relate to matters priv-ileged and confidential.
   The laziest of these notices merely assert that the content of
the e-mail is privileged and confidential. But wait, you're my lawyer

p. 40

friend and you've just asked me by e-mail if I'm free for a beer on
Friday. That's privileged and confidential? Of course it isn't. In
most cases, this isn't an issue, but on a big litigation file you might
find yourself struggling before a judge to say why something con.
tentious is privileged and confidential when it becomes apparent
that you routinely slap the disclaimer on everything you send,
drink invitations included.
   A bit more thoughtful is the disclaimer that the contents of the
e-mail may be privileged and confidential. But only a bit; you've
admitted that not everything a lawyer sends will be privileged
or confidential, but it still looks like you haven't thought about
whether the actual communication is or not. This isn't better than
saying everything's privileged and confidential, if push comes to
shove.
   It is preferable to have no boilerplate disclaimer at all, and to
label something as privileged and confidential when it truly is,
in the subject line of the e-mail and at the top of the underlying
message, as well as in the fine print underneath. Putting this into
practice would be a nuisance, however —and would require some
thought.
   And you must think about whether what you send is privileged
at all: I think it drove a former general counsel boss of mine crazy
when I identified information as confidential only, but I was cor-rect as a matter of law; only actual legal advice is privileged, not
facts or even suggestions for your readers to consider legal issues
and reach their own conclusions.

Ashurst explains that confidentiality is a necessary, but not sufficient, condition for privilege:

However, while confidentiality is an essential ingredient of a privileged communication, just because a document is confidential does not necessarily mean it is also privileged.

Herbert Smith Freehills presents a helpful decision tree on p. 2 of the PDF:

Paul Stone BA Hons Jurisprudence (Oxon), Partner at DLA Piper, offers another decision tree.


texts: Does HIPAA prevent doctors from sharing statistics?

texts: In the US, where HIPAA prevents doctors from disclosing patient information, can a doctor disclose information about his patients in general, since he's not disclosing information about any specific patient? For instance, can a doctor disclose that out of his X patients in a given year, Y of them have exhibited certain symptoms? Or does HIPAA extend even to generalities where no patients are named?


texts: Can I carry this pocket knife in the state of New Jersey?

texts:
I have a knife that folds open. Its blade is about 3-4 inches long. It looks kind of like this: http://www.amazon.com/gp/product/B002HR5G30?ref_=cm_cd_al_qh_dp_t

I was looking at New Jersey state laws regarding weapons. I would like to know if I could carry it. I do sometimes go into more dangerous towns in New Jersey or I´ll go in the woods or something. Here is what New Jersey law is for knives:

  e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.

Would this count as a stilleto? I know it is not a switchblade or gravity knife.


texts:
In the GDPR, the concept of data categories is used and examples of such categories are given. The concept of data types is also used, but I do not know what they are.

Example of data categories, Article 9(1), "Processing of special categories of personal data":

  Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited.

So what are the types?

Article 28(3):

  Processing by a processor shall be governed by a contract or other legal act under Union or Member State law, that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller. That contract or other legal act shall stipulate, in particular, that the processor:


texts:
Im building a simple website where people can save links and eventually share them with others.

When a user enters an url, I fetch the meta data to present the link.
The text, like title and description, Im just saving in a database however Im in doubt what I should do with the image.

Should I just always deeplink to the external image? Or can I save the image on my server? What are the legal options here?
I can see that facebook seems to save their own copy of images that are shared through them.

(The image will always be used in context with a link to the original link)


texts: Bribery? $1 million pledged against Collins if she backs Kavanaugh

texts:
$1 million pledged against Collins if she backs Kavanaugh

  "The senator and her Republican colleagues are decrying the effort in
  Maine as attempted bribery, as attention shifts from Kavanaugh's
  confirmation hearings to the question of how lawmakers will vote on
  his nomination"

How does the pledge fit the label of bribery?  or does the notion earn another label?

Obviously the donor can not give Senator Collins $1M to vote against Kavanaugh, without a bribery issue being raised.  That being said, this is an interesting spin in that if Collins does not vote for Kavanaugh, how can we know that she is not influenced by the pledge?


texts: Discovered defect after purchase of a second-hand item from a private seller

texts: I recently bought a second-hand bike from a private seller. On the second day after I bought it, I discovered a problem with the rear tyre, which was not disclosed to me by the seller. The seller let me inspect the bike on the day of deal, but I didn't notice the problem. Was this my fault that I didn't discover the problem before making a deal? Can this be considered dishonesty on the part of the seller? Is there anything I could do to avoid this from happening in my future purchases?


texts: user generated content: how to treat potential copyrighted material?

texts: I'm making a game where users can create doodles/images and those can be shared and used in-game (maybe as avatars or part of the interactable elements). I'm not sure how to treat that type of content, since it could be very possible that users might create a Mario-like figure, or Sonic, or Link (from Zelda), etc. Since they would be shared and be part of the game, how should I treat them? Should I ban them? the items in question would be created by the players using tools provided in the app, they would not be able to upload images or anything like that. Is that type of art also under the effect of copyright law?


texts:
I use cookie in my site for login management.
I user logs in the cookie dies with the session, if user flags "Keep me logged in" when logging in a long time cookie persists.
In the long time cookie I store a hashed informations (user_id,password_hash). It's used to check if user is still logged in in a new session and I use these informations to check if user can access site without relogin.
I read in some article about GDPR that technical cookies are allowed without any disclaimer.
I can consider my login cookie a technical cookie since I store only these informations?
Do I need to show the disclaimer in this case?


texts: What is the extent of the prohibition for non-US citizens to teach in US public schools?

texts:
I see mentioned in a Bloomberg Law piece that in Ambach v. Norwick, 441 U.S. 68 (1979)

Upholding a statute barring aliens from teaching in public schools, the [Supreme] Court reasoned that the "distinction between citizens
and aliens, though ordinarily irrelevant to private activity, is fundamental to the definition and [288] government of a State. . . . It is because of this special
significance of citizenship that governmental entities, when exercising the functions of government, have wider latitude in limiting the participation [**6]
of noncitizens." Ambach, 441 U.S. at 75 (emphasis added).

So while constitutional, what is the extent of this prohibition? I think a good number of academics in higher US education are (at least initially) non-US-citizens. And even in lower-level US public schools there seem to be a number of foreigners.

More than 3,000 teachers given visas
The U.S. State Department says 3,252 foreign teachers were given exchange visas in 2018. The countries sending the most teachers were the Philippines, Spain, Jamaica, China and France.


texts: Does fleeing across the county line actually work for the Dukes of Hazzard?

texts:
A common feature on that old Dukes of Hazzard show was the idea that once them good old Duke boys crossed the county line, they'd be safe from the mean old sheriff and his deputy.

Under what circumstances, if any, would that actually work?

Answers focusing on 1970s America are welcome, but so are insights into other times and places.


texts:
I'm trying to decipher the Proprietary Rights section of a contract I've been asked to sign. Does "in the course of providing services" mean "during the same time as providing services" or "for the purpose of providing services" or something else?

I ask because I am a programmer who will be working on my own project during the same period as I am providing services to this Client, but after-hours and not for the same purpose or business. I want to make sure that what I create for myself I will own.

The full section states:

  Any and all inventions, discoveries, improvements, software, intellectual property and other works of authorship or creations (collectively "Creations") which the Contractor or Contractor's Agents have conceived or made or may conceive or make in the course of providing Services that are related to or connected with Client's business activities shall be the sole and exclusive property of such Client.


texts: Can leasehold contracts be amended, and is this a common practice in UK?

texts:
I have recently asked following question around leasehold contract in property I am in the process of buying. It states that I am not allowed to sublet parts of building I can only sublet it as a whole (can't rent it out room by room). Which ruins my plans as I intended to live in couple of rooms and rent out the other two.

I have glanced over the Residential Long Leaseholders A guide to your rights and responsibilities and couldn't find a section about doing changes or renegotiating existing leasehold contracts, only rights of buying lease of from freeholder which would be an option, but can become more hassle than it's worth (I would have to team up with the other leaseholder).

Other option would be to try negotiate with existing landlord to amend leasehold contract (in exchange for some additional payment or agreement to invest certain amount of money in property). I couldn't find any resource on how such negotiations are being done, nor examples of such re-negotiations, or things proposed and such.

Can leasehold contracts be amended, and is this a common practice? What are regulations around this?

Any help or resource to existing cases and common practices would be much appreciated, I would like to prepare well and know my options before I start talking to landlord.


texts: Internet Retailer Sharing Customer Information on Review Site

texts:
Recently, I had a poor experience with an online retailer. After the retailed failed to resolve the issue, I filed a BBB complaint.

The retailer then notified me that they had posted my "customer information" e.g. name, full address, email address on a website which enables retailers to "rate" customers.

The retailers terms of service and privacy policy

My question is, based on those terms and the privacy policy, do they have the right to share my information in that manner?


texts:
I am currently living in an apartment with 3 other people, and we have been having a consistent mold problem. We have cleaned it multiple times and yet it returns in both bedrooms and the bathroom.

The issue comes from the fact that the apartment has literally NO VENTILATION besides the single window in each bedroom, and the small window in the bathroom. Around this time of year the cold weather causes a lot of condensation on the windows, where the droplets accumulate and cause mold.

My girlfriend and I are also experiencing symptoms such as nasal and sinus congestion, and hacking coughs which have been persisting for over a couple weeks which I believe I can attribute to the mold.

Now we cannot just leave the windows open at night because the weather is uncomfortably cold, but if we leave the windows closed the mold accumulates. It also seems like a ridiculous notion to be expected to wipe down the whole bathroom after each person takes a shower.

Given that my landlord is quite sleazy (I've had to call the city to get him to fix things before), I've been skeptical of notifying him as he will likely just blame me and tell me there is nothing he can do besides send people to clean it when it returns. So I figured that the best move would be to call the city and have them force him to do something to resolve this issue.

But in order to call them about the mold,   it needs to result from a "structural deficiency," of which I cannot find a strict definition of anywhere.

So under these circumstances can poor ventilation be considered a structural issue so that I may contact the city?

Edit: This is occuring in Berkeley, CA


texts: Under US law, do US citizens have to state their citizenship to foreign entities?

texts:
If a foreign country's company or other organization that is not the US government asks if I'm a citizen of the US, am I required to state that I am?

I understand that any and all penalties that the foreign entity can enforce upon me for lying would be my responsibility, but I am a liable for anything under US law?

I was looking for a basic general answer  to this under US law, but if you want a specific case here we go:

Expats have always been required to register any foreign 'bank account's that run a balance of over $10,000 in any given tax year. What the IRS calls a 'bank account' is at times a mystery. Regular checking and savings are of course bank accounts. But, sometimes pension accounts and even certain kinds of life insurance can be seen as bank accounts if certain conditions are met.

In 2010, Congress passed FATCA which took effect in 2014. This made it mandatory for foreign banks to report the balances on all accounts held by US citizens that exceed $50,000 or risk heavy penalties of 30% withholding on foreign exchanges. Most countries complied. What this means is that a bank, a foreign entity is basically forced to report full personal details as well as balances of anyone that meets those guidelines.
This is a lot of extra work, so banks and other entities offering similar financial implements have started to reject US clients.  Some expats that were caught unaware of these requirements have been slapped with massive penalties (50% of a year's balance). This has led to a spat of US citizens forfeiting citizenship and the US state department in turn making it more difficult and expensive to forfeit citizenship.

So, given the above situation. Couldn't one not disclose they were a citizen of the US considering the bank does not require one to do so to normally open an account?

Answering truthfully may mean the account is rejected or closed at a later date. Meaning that one might lose potential benefits or have to pay penalities with the bank or insurance company for early withdrawal. It could also mean one more account that the expat has to remember and report every year or face penalties.


texts: Rights to deal with tresspassing livestock (New Zealand)

texts:
I have a herd of sheep which keep coming onto my land, "fertilising" the ground and killing my fruit trees - and despite my efforts I have been unable to locate the owner of the sheep (The property they are meant to be on is rented, but the sheep dont belong to the tenants and the owner has not contacted me despite asking those tenants for help.

I am at the point where I need to take further action.    I don't think quarantining the sheep for a few days in my paddock will help (to small, no grazing left).

Am I legally entitled to kill the sheep, and (as I do not relish killing animals), am I at liberty to sell the sheep (or sell some of them in return for someone taking care of them)?


texts:
Can a Whatapp Message be used in a misconduct case?

Does a screen shot of the evidence count as evidence if it was from an opposing party?

How could it be verified that the person in question actually sent the message?

Would the evidence have to be obtained directly from Whatsapp?


texts: In a digital lease is the lease valid if i do not send a signed copy of the lease they sent me? I do not intend on staying at the place.


texts: Is following the flow of traffic a valid speeding defence in Texas?

texts:
As per the summary at http://www.mit.edu/~jfc/laws.html, Texas is one of the three states where there are no absolute speed limits -- a speed in excess of a posted limit is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful (Texas Sec. 545.352).

So, what if you were going with the flow of the traffic?  Is that a valid defense that you were driving at a reasonable speed?

What if you mentioned to the officer once stopped that you were simply going with the flow of the traffic, and he didn't really seem to object?

What if the speed limit was 70, the flow of the traffic in your lane was 75 to 80, the citation received was listed for 80, but the officer claims that he has gotten you on his radar at 85?  Could it be argued that in such instance the actual speed limit was supposed to have been at least 75 (as per the 85th percentile speed), and thus going 80 (as per the ticket) is less than the 10 miles over the limit, which is what the minimum charge an officer claimed he could give a citation for?  Would this be a valid defense in Texas, overthrowing the citation?


texts:
I have a strong suspicion somebody is dosing(I'm not going to get into the exact drugs listed) people at a bar/restaurant I attend.

What is the best legal course of action that can be taken?  What are the legal repercussions of dosing somebody?


texts: Does putting a dollar in a lawyer's pocket entitle you to attorney client privilege (like Saul Goodman from breaking bad)

texts:
Breaking Bad Season 2 Episode 8, Saul Goodman tells Walt and Jesse (who just kidnapped him) to put a dollar in his pocket so they'll have attorney-client privilege.

first things first you're gonna put a dollar in my pocket both ya.  You want attorney-client privilege don't you so that everything you say is strictly between us I mean it put a dollar in my pocket come on make it official come on do it that's it come on just a dollar

Link to YouTube clip
Would this actually give Walt and Jesse attorney-client privilege?


texts: Can the terms of service contain a clause that instructs a user to forfeit their rights under the GDPR?

texts:
Suppose an American company wishes to do business with European parties.  Could their terms of service say that as a user of their services the user forfeits any rights afforded to them by the GDPR and more importantly how would European Union courts and American Courts see this clause?

Also can the Terms of Service say that if "You" are from any country in the European Union, do not continue using the services of the site?  If this is done and someone from the European Union still uses the site, does that then legally negate the GDPR rights afforded to them?

Just want to note that I think the GDPR good thing and I'm doing everything I can to comply with it, but I'm also structuring everything as defensively as possible.


texts: What taxes do I pay on a monthly USD stipend?

texts:
I work for a Canadian corporation and will be relocating to Connecticut for 6 months. The firm will continue to pay my Canadian salary as per usual and will give me a monthly allowance in USD.

Any idea what kind of income taxes I might have to pay on this money?

Also, the firm will be renting me a place in Connecticut for the 6 months. Is this a taxable benefit of some kind ?


texts: NYC new apartment purchase- transfer of funds to trust account of the attorney

texts:
We live in Australia and we bought a new apartment in the US(NYC). We already paid 30% of the apartment price and for the closing we need to pay 70%.
Our US lawyer told us that we should transfer the funds to his trust account and he will be the one that will distribute the funds to the seller(the sponsor). He will also be the one that will distribute the funds to taxes etc.

Our local lawyer in Australia (that is not highly proficient in US law or US real estate) said that he is a bit scared and that we should transfer the funds to the trust account of the seller and not to our lawyer.
We discussed this with our US lawyer and of course he said that we should trust him and that he will not run away with our money and lose his license. He also said that :

If the sellers were paying off a mortgage, for example, he(our us lawyer) would need to provide certified checks for the closing.
If something happens at the closing and we wind up not closing or it gets postponed, then the seller is sitting there with our money and we have no deed to show for it.

What should we do? Should we transfer the funds to our US attorney or insist to transfer it to the Seller account?


texts: Employee stopping me from entering my own building

texts:
What can I do if an employee or group of employees (like security guards), employed by me, stop me from entering my own building?

They don't let me enter my own building.

Lets say I own a company that makes videogames and I have security guards at the doors. They suddenly stop me from entering the building saying another employee of mine ordered them, and I told them they are fired and they just laugh at me and don't let me enter my building.

Can I call the police; can the police do something about it? Do I have to prove I own that company?

I'm in Mexico but I'm pretty sure laws are similar in both countries.


texts: Could someone be liable if they intentionally congregate after testing positive for coronavirus?

texts:
As I understand it, in most states it's a criminal act to knowingly engage in unprotected sex if you know you have a sexually-transmitted disease and don't inform your partner. If the disease is life-threatening (like HIV/AIDS), this could rise to attempted murder.
Are these laws specific to STDs, or do they extend to any life-threatening, infectious disease?
For instance, suppose a political candidate found out that they'd tested positive for coronavirus. But they didn't inform the public, and continued to hold campaign rallies where they didn't wear a mask and discouraged the audience from wearing one. Or they participated in a debate where the other participants weren't wearing masks. If any of the audience members or debate participants become infected, would the candidate be liable?
Or if they continue working in close proximity with their office and campaign staff without informing them of the danger, and staffers catch COVID-19, would this be considered a criminal act?
Does someone actually have to catch the disease? Or is it enough that the person knows they're endangering the people around them?


texts: Automated backups of my clients websites to cloud storage, who is legally at fault if the backup contains illegal/copyrighted material?

texts:
I am currently working on a new backup service for all of my clients, where every day an automated system will take a copy of all of the website files, as well as a copy of the database. This will then be zipped and sent to a cloud storage server such as DigitalOcean, Amazon etc, all under one account which would be owned and paid for by me/my business.
These backups can't be viewed or edited by the client, they are just used to restore a site to a previous state if something goes wrong. The client has access to a control panel on my website where they can click to restore a backup, but they don't have direct access to the files of the backup or the cloud storage itself.
If for whatever reason, one of my clients websites contained illegal images or copyrighted material and the cloud storage system detected this, would I/my business be legally responsible or accountable for them?
If I am, does this mean I'm expected to develop a system that detects these type of files, if so, what if my system fails to detect these files and the cloud storage system doesn't, is that also my fault?
Is there a way that I could explain my system to the law if I was questioned about it, that it's merely backing up my clients website and we don't know what the files contain? I feel like that's not good enough grounds as a defence.
Is there a required practice that I'm unaware of for companies that offer a backup services?
I basically don't want to get screwed over because one of my clients is an idiot.


texts: can you hire a witness as your lawyer to exclude their testimony?

texts:
I'm was just watching "American Crime Story" season 1 (O.J. Simpson trial), episode 4, around 38:30. The prosecutors were discussing the case when one asked about the testimony of Robert Kardashian, O.J. Simpson's best friend.

God are they guilty! What does Kardashian say?
We're screwed on Kardashian. Now he's O.J.'s lawyer, so he's privileged. He doesn't have to talk....

This seems like a major loophole. Since Robert Kardashian was a long-time friend of Simpson before he was ever his lawyer, it would seem fair that the prosecutors could ask him about events previous to his being hired.
If there were one star witness on the opposing side and they happened to be a lawyer, could you simply pay them off by hiring them as your lawyer? Could you do this multiple times? If you committed a crime at a law-firm and everyone who witnessed it was a lawyer, is there any rule preventing you from just hiring all of them?


texts: Does the AUMF  authorization expire upon a certain condition or is it indefinite?  If not indefinite, at what point would it be terminated?


texts: Legal Reverse Engineering for Security Review in US for Korean Provided Module

texts:
My company has received a command-line stand-alone (ELF) executable from a Korean company that provides a service for validating Korean users. It took them a few tries to get us a version that runs on the latest release of FreeBSD.

They will not give us the algorithm for encrypting or decrypting the data sent to/received from their service. They probably have a secret key embedded in the compiled file.

The example website code they provide indicates that this stand-alone executable only does encryption and decryption of the data sent over the wire.

As part of our security review, we would like to find out does the compiled file only do the encryption/decryption or does it send information to another site/service.

Are there any US precedents or laws governing reverse engineering of foreign company obtained code for security reviews?


texts: Why are "no pet" clauses allowed in leases?

texts:
Why are "no pet" clauses legal in the US but not in Toronto?  At least according to this site, in Toronto you can't disallow pets.

I started thinking of it and its actually a little absurd.  Trying to apply the same reasoning to other things.  Like disallowing musicians,  when really you just don't want noise to bother other tenants.  Disallowing frat students because you think they ruin your apartment and bother neighbors.  Disallowing X because you believe it will cause Y instead of just disallowing Y.

They are not perfect analogies, but I think the main reason people disallow pets is for damages, and maybe noise.  Isn't this discrimination against pet owners?


texts: Is it likely to win back child support from biological father of a child whose conception was result of extramarital affair?

texts:
Situation:

A wife of a married couple had extramarital affair
As a result, she conceived a child by the male she had affair with
The fact that the biological father isn't the husband isn't known to either of 3 parties.
Several years later (10, 15) the husband discovers the fact (and the fact is 100% provable due to DNA test performed for unrelated reason) that he is not the biological parent of the child
He knows who the biological father is
There is evidence that the affair occurred in the applicable timeframe (either electronic trail, or and the wife is willing to testify to the fact  up to and including taking lie detector test).

What are the chances of winning child support (back support, or ongoing), from the biological father, in such a situation? What factors would mainly influence this?

If the answer depends on specific jurisdiction, it's New York City, NY, USA.

The biological father has enough income to be able to afford child support.


texts: As per GDPR, how are the agree/disagree to cookie buttons to be designed?

texts:
I just stumbled over this very... interesting cookie dialogue on the Ansible site:

How am I, as the average user, to decide if I'm agreeing or not to the choice with "Out" or "In"?
Both buttons are the same color of blue when pressed, so there is absolutely 0 clear indicator on what I am exactly choosing. I don't know if this is a mistake or just pure malice to trick users into accidentally agreeing with all cookies, but it really annoyed me, and I want to know if the law actually says whether the consent has to be named clearly (as in, "I agree" vs "I disagree" etc.) - otherwise I can see this is a big loophole that people can abuse.
Also funny: You cannot open the "Privacy Statement" link on the bottom, because when trying to read that you are blocked by the cookie popup again.


texts: Recruiter forwarding freelancer's profile without consent

texts:
I work as a freelancer, so being contacted by recruiters is a regular occurrence. Recently I responded to a request from a recruiter of a UK-based, "award-winning" recruitment company. We talked on the phone, and the recruiter proposed to submit my profile to a project as well as proactively submit it to companies. I responded by email, rejecting both proposals since I did not find them convincing.

It has now come to my attention that the recruiter is nonetheless sending my profile, with the following claim:

  as an example of a freelancer that I am currently working with, I have attached the (anonymised) profile of an active candidate.

The profile is not anonymised though as it starts with my name. The PDF has been edited to contain the recruitment company's logo. It contains my CV, project references and skills. My profile is available for download from my website. However, I would claim that this is copyrighted material and personal information that is not free for use without permission. In no way have I ever agreed to being represented by this recruitment agency. In fact, I have explicitly rejected it in written form.

I find the recruiter's behavior unethical and potentially damaging to my reputation and business. It is staggering what some recruiters are trying to get away with. I don't intend to let them. What are my options with respect to a response?
What damage could result from this?
In what ways could the actions of the recruiter be against the law? Areas I can imagine are data protection laws, copyright laws, laws protecting business and personal reputation...
Are there precedent cases for this kind of "false representation"? Is it common?
Can you see a rationale behind the recruiter's behavior?


texts: What are the legal actions that can be taken against me and my app for breaching the YouTube Terms and Conditions?

texts:
Suppose, I create an Android app that streams music/songs illegally by playing them in a YouTube player while hiding the player view, and also allows downloading the videos offline both of which are clearly illegal as per YouTube ToS.
However, I'm not using AdMob or any other Google service, and there is no author attribution as to who created the app; moreover, no content or song is hosted on my own server.
This app would not be submitted to Google Play Store or Apple Store.

What are the legal actions that Google can take against me for creating such an app, as per Indian Laws?
What can they do against my app, considering it's not on Play Store?
What actions can any other Music Company / Licensing company take against me for illegally allowing streaming their songs in my app?


texts: Music Law - what type of liscence is required?

texts: I am a playwright designing a show for the cruise line industry and am curious about the rights and licenses that apply to using popular music in my show. I intend to play the popular music, (as the original recordings) as background tracks, with some live piano and live singing done to add to the theatrics... Depending on the venue. Who holds or needs the license, me as the performer or the cruise line?


texts: Can someone be enforced to pay the difference if they were charged incorrectly in the first place?

texts:
I'm in New Zealand, but I'd be happy to hear an answer for your jurisdiction too.

Due to a glitch in a billing system a single client was billed for some monthly service zero dollars. That client has been receiving the service, but he did not pay for it. He obviously knew how much the service should have cost when he signed up, and there were some months when he was billed and paid appropriately before the glitch happened. The glitch was noticed by the service provider after some months. The client did not attempt to contact the service provider during this time to inquire why his bill changed.

Is it possible to get a decision (in the framework of law) that this client owes this money, or does, from legal perspective, it's company responsibility to provide correct bills in order to be paid appropriately.

It is of course possible to ask him nicely, and hope he agrees to pay, but if not, who is in the right? The amount we are talking about is quite small, around 400USD.


texts: How could the recruits have legally defended themselves against the drill sergeant's insults in Full Metal Jacket?

texts:
I stood with my mouth open as I watched the first ten minutes of the movie Full Metal Jacket:

https://www.youtube.com/watch?time_continue=2&v=71Lft6EQh-Y&feature=emb_logo

The movie is set in the Vietnam war era and new recruits are being physically and verbally assaulted by their drill instructor. And I do not mean any run of the mill insults like "you're an asshole", but things involving the recruits' parents, their genetic and physical endowment, and so on. Even in cultures that are not as strictly honor oriented as the Albanians or the Chechens, this is basically an invitation to physical combat.

I know that this movie is fiction, but theoretically, if such an event would occur, what legal defenses did the recruits have? Since they were only "in training" and (possibly) not part of the military, would it be legal for them to use physical self-defense?


texts: Can suits be filed in small claims courts from overseas?

texts:
I often see freelancers suggesting to other freelancers to use the small claim courts to get paid when the client is in another country. Already with the small claim court, there's a maximum amount allowed so I'm not talking about $10,000USD but amounts like $500-3000 USD.

I know this greatly depends on a lot of factors but to my knowledge small claims court cannot be used to sue someone who is not physically in the country/jurisdiction where the case will be held. I read all sort of things on some Stacks here which I think are wrong such as "get someone to represent you in the small claim court" for this kind of situation (overseas contract of small value).

From what I understand from my research, a case can be heard in civil court if represented by an attorney, but prosecution and collection can be so costly and risky that it's not considered worthwhile on small debts below $10,000.

If you need an example of countries, let's say 2 very different countries like Pakistan and USA.

So my question is:

Can a freelancer who works for a client overseas use sue for payment in small claims court, with or without representation?  Or can representation in court be made only through an attorney?

Does the answer change if the 2 countries are part of the EU?


texts: What is the difference between "murder", "manslaughter" and "homicide"?

texts: Do "murder", "manslaughter" and "homicide" have different legal definitions? Or are they just terms referring to the same act used in different jurisdictions?


texts: Is there a Legal term to put before a definition to describe a comma separated list of items (i.e. "collectively")

texts:
I have the following statement in a contract:

  I understand that as part of my job duties I may be asked to create or contribute to the creation of marketing materials, office documents, website content, computer programs, documentation or other copyrightable materials (“Work Product”)

I would like to make it clear that the definition of "Work Product" applies to the entire comma separated list of items not just "other copyrightable materials".  What's the best way to do that?

In the US > Indiana.


texts: Is appeal to Disciplinary Review Committee worth it (Barbering & Cosmetology)?

texts:
I am helping a friend who has to attend Disciplinary Hearing (California).

Basically the inspector checked foot SPA at her beauty salon and took off the foot SPA screen (the white thing in the picture) and told that it is not clean enough so she has to pay $500 fine.

Well, she cleans Foot SPA after every customer, but, yes, it seems that screen was not brushed to a perfectly clean state so that only white plastic surface would be visible. And I found that the regulations at http://www.barbercosmo.ca.gov/laws_regs/act_regs.pdf quite explicitly state:

(2) Scrub all visible residue from the screen, inside walls of the basin, any
other removable parts, and the area behind them with a clean brush and liquid soap
and water.

1. Is there a point to appeal this case? In particular - can the fine be reduced or waived by claiming that either the screen wasn't that dirty when inspector checked it or that the amount of fine is, in our opinion, too high for such a violation?

2. Can appealing lead to more trouble? I just checked myself that some of these regulations are subjective and very demanding. I am pretty sure that they could find some other things that they would not like and come up with extra fine for other things. Perhaps keeping low profile is better in this case?


texts: How can these two people be proven innocent until proven guilty?

texts:
I lost some money and USB cable in my bag.
On this particular day I asked for a usb cable from a female workmate who was still on her assignment and I was as well on an asignment in a different location.
Around 2pm she sent me a text message saying I must leave the usb cable in the camp(where 9 of us as a team are based momentarily). I explained to her that I was far from the camp and will come to the camp at exactly 6pm. I arrived at the camp at 5:40pm but before I went to the camp I passed through my business place to collect £250 and with the initial £150, I had £400 cash which was safely put in my backpack. I then went to convert the two £50s into £100 note so I could have 4 of £100 notes and safely put them back in the backpack and on top of the money was placed a wet tshirt folded in a long sleeved shirt and on top of the shirt was powerbank connected to a tablet, charging and the backpack was zipped up. I then went to the camp at 5:40pm and placed the bag on my space known by all camp members and went to attend to my friend(not part of the camp) and after thirty minutes time I was again back to the camp. To my surprise I did not find my packed items in the backpack same as they were packed, the wet tshirt was on top of the tablet and the tablet was not connected to the powerbank and actually there was not a usb cable. When leaving the bag was my team member washing, who reminded me to leave the usb cable for owner while I was on my way to see a friend(not a camp member). I asked if the owner came for cable which he affirmed and proved that she came for it but entered inside the camp room while he was outside and did not see what she touched except his powerbank and his usb cable which according to him, she actually asked and she was granted permision by him to go and get it by herself in a shared room, which I and him do share. Now since she refused to have collected the usb cable and my money amounting to £400, and the police cannot make a judgement based on my statement. how would different laws interpret this case


texts: Can a citizen be denied access to their own country?

texts:
With decades of international treaties covering refugees, asylum, diplomats, espionage, and countless other interesting and relevant topics to international politics, is there any international treaty establishing a right to return to one's country of citizenship?
To be very specific, I understand that criminals can be denied freedom of movement, among others, and certain high crimes or political scenarios can result in revocation of citizenship, but is there any treaty establishing an absolute right, provided one remains a citizen of a given country, to enter that country?


texts: Why are legal motions so formal in language?

texts:
I just received a motion from my spouse which begins:

  NOW COMES Petitioner, XYZ, by and through her attorney, ABC, and Petitions this Court to Enter an Order directing the parties to...

I have two questions:

Why the highly formalized language of "Now comes..."?
Why the seemingly random capitalization?

Is there any deeper meaning to this for the courts? This is a state court system Circuit Court in the US handling Domestic Relations


texts: Why 'Solicitor General', and not 'Barrister General'?

texts:
In countries with this dichotomy of the legal profession, mostly barristers argue in courts. In the UK, solicitors with Higher Rights of Audience can argue in lower courts.

However, if Solicitors General argue in courts, then ought they not be called 'Barristers General'? Does this nomenclature contradict the English definitions of 'barrister' vs 'solicitor'?


texts: Is it legal in England to use adjacent road to move building materials to your property?

texts: I'm in this situation. Builders coming to my street (small cul-de-sac) to move bulky building materials to a property that is located on neighbouring street and its garden backs onto my street. They destroyed some vegetation on my street to create a pathway and opened up part of a fence. There are builders' vehicles coming to my street. Can I legally stop them from doing that? I also have been sworn at when I  was taking pictures of their vehicle and company logo.


texts:
Husband and wife are playing Russian Roulette. Husband killed himself.
His wife should be guilty of 1) First degree murder 2) Second degree murder or 3) Conspiracy to commit murder.


texts: Can my UK debt be collected because I have to return to US?

texts:
I am a US citizen residing on a UK work visa and due to a horrible work environment I have decided to resign. Due to the limitations of my visa I am only allowed to work for this specific company in the United Kingdom which means I'll have to return back to the United States.

I am attempting to close down my UK based accounts (lease, phone, internet, etc) but my main concern is my flat lease. If my leasing agency refuses to accept a "Surrender" on my lease agreement and holds me on the hook to pay the rest of my lease and I do not pay it..can they legally take me to court/collect the debt even though I'll reside in the United States? Is there any repercussions in the future..say 10 years down the road not being granted entry to the UK for example?


texts: This piece of computer science was patented - I thought you can't patent software?

texts:
See this document

This document described storing a tree data structure as xml for querying and processing. This is trivial computer science. How did this patent get approved?


texts: How is it that Law may work by "legal precedent" but then it also "goes with the current culture and ethics"?

texts:
Since Legal Precedent is important or crucial, but at the same time the current culture or ethics also can play an important role, then how do they work together -- won't they conflict with each other?
I hope to understand it in the general sense, but one particular example is that Taiwan just made adultery legal (update: or rather, "not criminal but still has civil consequence")... the judge saying that adultery being a crime would contradict with the "a person's self will of having sex" and "current culture and ethics have changed".  So on the one hand, legal precedent can say it can have some sentencing, but the "current culture or ethics" may make it legal.
Link to story 1. Link 2. On Economist.


texts:
I have a thoroughbred racing horse and I would like to name the filly. I have chosen the name Elena of Avalor. An animated movie from Disney.
Am I allow in usage of the name? Please advise.


texts: I have worked for some university. I got a grant from the government for a project. The department and the government specifically wrote a contract that I have an intellectual property (including the copyright.) Then the department took down the server and took the code while I was at a conference without any prior notice. (A member of faculty abruptly cancelled the conference and was on the notice.) Is it a copyright violation?


texts: Can I sell snacks at the federal elections in November?

texts:
It's an election year!  That means in November, millions of people are going to stand in a really long line.  If they get out of this line to use the bathroom or get refreshments, they could lose their spot, especially after the polls officially close.

This reluctance to get off the line got me thinking; is it legal, in the United States, to sell snacks to fellow voters in line?  If I were to pull out a crate of fun-sized bags of potato chips and mark them up 500% after the doors close, I could make a killing.  Of course, I wouldn't actually do this, as it's predatory and unethical.  Could I, though?  (Assume that my little venture is entirely apolitical, i.e. I wouldn't charge people differently based on whom they're voting for or where they stand on issues.)


texts: Would it be illegal to withdraw a disclaimer that no "National Security Letters" requests have been made *today*?

texts:
According to EFF:

By using NSLs, the FBI can directly order companies to turn over information about their customers and then gag the companies from telling anyone that they did so. Because the process is secret, and because even the companies can’t tell if specific NSLs violate the law, the process is ripe for abuse.

Let's say a social media site decides to prominently display a disclaiming banner "No National Security Letters have been sent requesting any information about your account today" to every user when they log in.
Would it be illegal for such a website to display such a banner?  Would it be illegal to stop displaying it to users against whose personal data such a request has been made?  If it is illegal, what's the relevant case law?
I am only asking about websites created and hosted in the United States and users physically located in the United States.


texts: Client wants me to sign a contract after 1 year of working together, cites US tax laws as the reason

texts:
I'm a software developer freelancer, I have a client I have been working with for a while now (a year on the last projects, but many years before as employer-employee) which recently cited tax-law related issues due to which we need to sign a contract on the work done so far (in the last year).

I "am" a Croatian 1-man company and the client is from US, an Inc. with a couple orders of magnitude more money then I have but not really a fully developed corporation with it's legal department etc. I generally work only with people I trust, and on handshake & trust basis, contracts excluded, judging that:

if it comes to litigation, the client is lost, this is the biggest damage that no litigation will reverse
if the client rips me off, I will not be able to recover my lost money through litigation because the fees are generally too low for a good lawyer to handle and for me to still have any money left out of it (~40.000$ per year, court on a different continent)
if the client wants to screw me with litigation, I will not have the money to keep up the lawyer costs even if I'm in the right, my clients are typically MUCH bigger than I am
contract is unnecessary if delivery & payout cycles are small enough to limit risk exposure of all parties
the relationship has been arranged and agreed on through a Skype, meaning that any gross mishandling of the agreement (such as copyright issues) would still be covered  via oral contract with physical proof of it happening (?)
just paying for a competent Croatian lawyer with US & Croatian contract experience to look at the contract proposal the client sent me will cost me a fortune

So the question, is the client really obliged by some aspect US law to sign a contract to continue working with me?

Note that the client cites anti-money laundry laws as the reason yet doesn't clarify which law exactly, but wouldn't proof of oral contract and a mountain of proof from code commit logs hosted on a tamper-proof third party cloud service be sufficient to cover this?

UPDATE 1

Now that I'm thinking about it, my arrangement with the client is quite a bit more complicated than the cookie cutter "you do work, we own software" agreement.

I gave them full rights to some of my software in exchange for full rights on some of the software I developed for them, so accepting a cookie-cutter contract would kind of be a bad thing for me, and would almost certainly open a 2-way litigation venue should any kind of conflict happen down the road, with a litigation-happy client especially - and me being very litigation unhappy on the other end.

That's why I'm asking if the contract is indeed necessary, because untangling which pieces of code are mine, which are shared, which are theirs, will be hard and expensive and would probably not be done 100% according to reality and open new pandora boxes, knowing lawyers and their level of software expertise.

On the other hand, a bunch of Skype chats is a helluva lot more unclear than a written contract, but a general understanding is that it generally carries a lot less weight too? (due to those same ambiguities)


texts: Is Denver International Airport (DEN) cannabis-friendly?

texts:
Denver International Airport (DEN) has a number of smoking lounges, something I've never seen in any other airport anywhere in the States.

Are those lounges allowed to sell cannabis, since it's now all legal in Colorado?


texts: Can I remove a watermark applied by a software on my own work?

texts:
I was wondering if I can remove a watermark from an image created by me. I used a software to create the image (namely, Visual Paradigm Online): if I subscribe to a commercial license, the software doesn't apply a watermark. Instead, if I subscribe to the free license, I am still the author of the image (and I have all the rights on the image), but the software applies a watermark to the image.

This is the image, showing two watermarks in the upper left corner and in the lower right corner. The watermarks consist of the line of text "Visual Paradigm Online Express Edition":

I am the author of the image, so I am trying to remove a watermark from a work made by me. The reason why the image has a watermark is that the software I used to make the image wants to incentivize the purchase of a commercial license. I am the author of the image, so I am free to use the watermarked image in my works and I own all the rights on the watermarked image. I think that, since I am the author of the image, I have the right to remove the watermark from the image. I don't think that the software can claim to be "co-author" and, thus, claim rights on the image. Am I right?


texts: Is it copyright infringement if I make a work of art that has already been made before?

texts: Take modern art, for example. People draw a circle and call it art, and apparently it automatically has a copyright after it's made. Then I come along and draw another circle and call that art, and it looks very similar. Would that be against the law because someone has already made it before, or can I use it if I have proof that I didn't copy their art? And keep in mind I don't know much about this because the only law experience I have is from Wikipedia.


texts: Can a Guardian (parent) force a 17 year old to move out of their house in Colorado?

texts:
My Father, who has custody of me, has threatened to force me to move out of his house. If I am 17, and live in Colorado can he make me move out?

He doesn't seem to care who I move in with but I think he is assuming I'll move in with my Mom (who does not have legal custody)


texts: What happens if the officers of a company refuse to show up at board meetings?

texts:
Acme, Inc. is a California corporation.  They have quarterly board meetings.  To have a quorum, they need one of the officers to show up: the CEO, the CFO, etc.

None of the officers are willing to show up for board meetings.  The majority shareholders aren't willing to take any action.

The directors have the power to fire the officers, but only at a board meeting with a quorum present.

What can the directors do?


texts: Apartment lease clause where landlord can unilaterally amend lease (with 30 days' notice) without tenant's approval

texts:
While reviewing a lease (in Sunnyvale, California) for an apartment-hunting friend, I saw this clause:

  New policies and rules or amendments to this document may be adopted by Owner/Agent upon giving 30 days' notice in writing to Resident.

If you Google that phrase you'll see it repeated in other leases, including a template lease in Property Management for Dummies which might have been the original source.

How much should my friend be concerned about this clause?  On the one hand, it seems totally fair for landlords to be able to protect themselves against risks that were unknown at the time the lease was drafted. On the other hand, it seems risky for the tenant to give the landlord the ability to unilaterally modify the lease after it's signed.

Is this just standard lease boilerplate that my friend shouldn't be too worried about?  If it's not standard and is worrisome, then how do other leases solve this problem in a more balanced way?  Is there an example online of alternate wording that solves the problem for the landlord without leaving the tenant vulnerable to unreasonable changes?


texts:
Following my previous post about copyrights, I now seek information about patents in video game. According to the World Intellectual Property Organization :

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

As stated by the same source, several condition must be met to obtain one, including :

The invention must show an element of novelty;
The invention must involve an “inventive step” or “non-obvious”, which means that it could not be obviously deduced by a person having ordinary skill in the relevant technical field;
The invention must be capable of industrial application, meaning that it must be capable of being used for an industrial or business purpose beyond a mere theoretical phenomenon, or be useful.
Its subject matter must be accepted as “patentable” under law. In many countries, scientific theories, aesthetic creations, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, methods for medical treatment (as opposed to medical products) or computer programs are generally not patentable.

I believe the three first conditions are rather obvious, while the last seems to be much more complicated. What is the difference between something patentable and something that is not ?
How difficult would it be then for a video game corporation to patent an idea, as suggested in my previous post ?
I would be very interested in any information regarding this subject, as I don't really understand how this has not already became a war in the video game industry.


texts: Does accepting a pardon have any bearing on trying that person for the same crime in a sovereign jurisdiction?

texts:
In the United States, accepting a pardon is an admission to the crime.  In Burdick_v._United_States, the majority opinion stated that a pardon "carries an imputation of guilt; acceptance a confession of it."

The United States has dual sovereignty.  Each state and the federal government makes and prosecutes its own laws.  A federal pardon does not grant immunity to state laws, and vice versa.  A person pardoned in one jurisdiction can still be prosecuted for the same crime (e.g. tax evasion) in another jurisdiction.

Could the acceptance of the pardon then have any bearing on the case in the other jurisdiction?  Can the admission of guilt be used in the new case?  Can it be used as "reasonable cause" for various actions?  Does the defendant lose their right to refuse to testify in the new case?


texts: If a celebrity autographs a legal document without realizing it, are they bound by its terms?

texts:
Suppose a celebrity autographs whatever fans hand over (usually in an enthusiastic, crowded, and rushed setting).
Suppose one item being signed is a thousand-dollar I.O.U. (promissory note or some such). A million dollars would look ridiculous in court but $1,314.55 sounds reasonable. The celebrity didn't keep a copy of whatever they autographed.
The celeb's lawyer would likely advise against signing anything. The celeb's movie studio, record label, etc. would likely say to keep your fans happy and everyone does it. The celeb could hand over presigned autograph cards, but I think many celebs still sign whatever fans offer.
A celeb could say they didn't know what it was but that comes under the principle of coulda-woulda-shoulda. That defense usually fails in court.
How does the celebrity protect themself and still sign autographs in a rush?


texts: How can tax residency be proven within the EU?

texts:
I am aware of tax residency 183 days rule which in theory obliges you to pay taxes to a country where you reside 183 days or more.

The thing that I do not get is how can this be applied to EU Schengen countries? Considering there is no border in a schengen zone, how could someone have a valid proof that you have to pay taxes to a specific country?

Taking that in a consideration, isn't it the same if you spend 365 days in Germany, and if you spend 100 days in France, 100 days in Germany, and the rest of the days in Spain?

So wouldn't that result that you can live in one of those countries and pay taxes to another country (One of EU Schengen countries) without any problems? There is really no proof of your residence (You could be travelling all year long within those countries).


texts: I'm going to be making a computer game with a "western" setting and was wondering if it would be illegal to use guns from that era, like the popular Colt Single Action or the Schofield Model 3, and other weapons of course. I tried to look into it, but didn't find anything.


texts: Is there a legal professional who can be hired to assist with insurance for patients with complicated medical needs?

texts:
Is there a specific category of legal professional that could be hired specifically to assist with the filing of the paperwork and management of insurance claims on behalf of an individual?

I am not seeking advice for a specific case, rather I am trying to determine what kind of specialized legal professional should be contacted for a consultation. I think such a professional would need a legal background since this is fundamentally a contract issue with the insurance company.


texts: Why do Supreme Court Justices call each other "Brother"?

texts:
Take the case of Brewer v. Williams. In his concurrence, Justice Marshall writes,

  I concur wholeheartedly in my Brother STEWART's opinion for the Court

I recall seeing this in other concurrences, though not come to mind immediately. I also assume that, for female justices, "Sister" is used.

When did this odd tradition come about?


texts: In a public coffee shop I sat next to a photographer who, without their knowledge or permission, photographed women and children from the waist down as they stood at the cashier station. I notified the acting store manager, who knows this customer and says he is a professional photographer. She was not aware he was doing this. Is it legal for the photographer to photograph children from the waist down without parental permission?


texts: When does "forced flex time" become "unpaid overtime"?

texts:
Jurisdiction: Ontario, Canada.
Facts:

Salaried employee.
Employer has made it very clear that working hours are strictly 9:00 - 12:00, 1:00 - 5:00. No flex.
Clients often request services outside of these hours.
Management encourages staff to accommodate clients and provide after-hours service.
Any time these hours are put through the HR system as overtime, employees get pushback from management, and are told to "flex these hours within the same day or week" rather than filing them through HR.

Questions:

Is this legal? Specifically, is an employee in this situation within their rights to tell their employer "I'm only seeing clients after-hours if I can submit it as overtime"?
Which regulations or laws would be relevant here?


texts: What happens if the US Supreme Court ties 4-4?

texts: What is the result of a 4-4 split in a US Supreme Court case?


texts:
After death what are the requirements of a next of kin?

For example after my parents die can I say "I'm not touching that with a ten foot pole"? (Not that I would.) I live in Indiana.


texts: Why are assault and battery often both charged for the same crime?

texts: Assault seems similar to "attempted battery", so it feels akin to charging "attempted murder" whenever "murder" charges are brought.


texts: Is it required to include "Disagree" buttons for terms of service?

texts:
When installing software applications for the first time, there's usually a prompt to accept/reject the terms of service. Accepting the terms grant access to the service while disagreeing closes the application and prevents access.

A software we recently built doesn't include the "Disagree" button and I recently got into an argument with a colleague who insisted that by law, you are required to give the user the option of disagreeing in addition to accepting the terms.

Is this true?


texts: What is the effect of non-LASER light sources on pilots?

texts:
After all the media coverage about people pointing lasers at commercial aircraft, I started to wonder what was so special about lasers.

It seems to me that the amount of distraction that could be done with a 5mW laser is significantly less than what could be done with something else.

For example, if I bought/borrowed the light beam from the Luxor hotel, put it in my backyard, turned it on, and pointed it at the planes flying out of a major airport, I would expect that pilots might have some more issues with a 4.3 Billion candela beam than with a 5mW laser (right?)

However, I can't find any laws against it, so would this be legal?

Alternatively, what if I just wanted to swing that beam around in the sky, and it accidentally crossed the path of a plane?  Are there different laws regarding unintentionally hitting a plane with something like this?


texts: Can a Canadian lawyer reply to this question please?  I need to know the specific law that states that British Columbia (or Canadian) Courts can not override an Order issued by the Courts in another Country, that has jurisdiction over the case.


texts: If someone gets money from a crime such as selling drugs, and then gives the money away, does the person who receives it own it legally?

texts: If someone gained money illegally but in a way that they were not directly stealing it from someone (such as selling drugs or illegal weapons), and then they give the money away to a friend or relative, does the person they gave it to own it legally or would they be forced to give it to the government if the person who gave it to them was convicted?


texts: When can doctors share information without a patient's explicit consent?

texts:
I'm curious about patient confidentiality, in non-emergency situations. When and who can a doctor disclose medical information about a patient to, and when do they need consent?

At the university I used to go to there was a medical clinic on campus and though I sometimes saw different doctors, they all had all of my medical history. I asked about it and they said it's confidential, but confidential to the clinic. What are the laws regarding this? I also found out they changed the university policy so the counselling department can share information with the doctors (and vice-versa). Seeing as the counselling department helps with things like course selection (and not just mental problems) does that mean if I asked a counselor if I needed a course, he would know I only have one kidney?

What laws apply to situations like this where confidential information in one entity (medical office) decides to share it without the consent of the patients to another entity (the counselling dept.)?


texts: Are open air cremations illegal in most of the US?

texts:
Almost all cremations done in the US are done at crematoriums where bodies are put inside an incinerator.  The only open-air cremation service in the US is the non-profit Crestone End-Of-Life Project, which does a handful of open-air cremations every year in Crestone, Colorado.
But my question is, are there specific state laws that prohibit open-air funerals everywhere else in the country?  Maybe environmental laws, fire safety laws, or body desecration laws?


texts: Would a passport containing no sex category be internationally recognised?

texts:
Assume that a country removes the sex category from its legal system and thus also from its passports. Just like the hair color or foot size are no legal category.
Would this cause problems for its citizens to travel internationally?
I found that the 'International Civil Aviation Organization' standardising machine-readable passports includes the category sex in its formats (see https://www.icao.int/publications/Documents/9303_p3_cons_en.pdf). But would it cause problems if this category is not present on the passports of this country? Or could this circumvented by assigning the sex 'X' to all citizens?


texts: Legality surrounding reverse engineering protocols?

texts: I want to make a product (call it A) compatible with another proprietary product (B). So if I take product B and then reverse engineer the protocol by watching network traffic, I could produce a document describing the protocol. Then, lets say I give the document to another engineer. He implements the protocol based on the document, without himself being involved in the original reverse engineering of product B. Is it legal for me to use that new "green" protocol implementation in product A?


texts: How do the US Supreme Court justices decide to deny an application for injunctive relief?

texts:
On Dec 8 2020 the US Supreme Court denies Sen. Mike Lee's emergency application for injunctive relief to vacate the Pennsylvania Supreme Court decision on Nov 25 2020.
The US Supreme Court order to deny the application comes as "Order in pending case" containing one sentence:

The application for injunctive relief presented to Justice Alito and by him referred to the Court is denied.

This denial was reported by NPR, Wall Street Journal and CNN without specifying any details on HOW the decision was arrived at, whether all 9 justices voted, or whether the order itself implies a unanimous consent.
For example, NPR only added:

... said the court's one-sentence order, which did not suggest any dissent among the nine justices.

while WSJ only noted:

The U.S. Supreme Court’s order came shortly after it finished receiving written legal arguments from the parties on Tuesday afternoon.

and CNN noted:

Tuesday's one-line order was issued with no noted dissents or comment from any of the nine justices.

The Question: What is the official procedure / process that the US Supreme Court uses to deny an emergency application for injunctive relief like this?  Do all 9 justices required to vote?  Do other denials contain more details of the voting result in the order?


texts: Document proving date of receiving U.S. citizenship

texts:
I am currently trying to obtain a German passport, my mother is German and therefore I have a right to citizenship. However, German citizenship laws say that you can lose German citizenship if you apply and choose to take up another passport.

I obtained a U.S. passport while I was a minor, because my father held a U.S. passport and I was a legal U.S. resident, therefore I was automatically eligible as his child.

I have spoken with the German embassy in London (I am also British, by birth), and provided all relevant documents and they confirmed with me my eligibility for a German passport, however they require proof of how/when I obtained my U.S. passport to prove that it does not contravene the aforementioned policy about obtaining new citizenship.

That's where I'm having some trouble, I need documentation to prove that I obtained citizenship while still a minor. I became a U.S. citizen quite close to my 18th birthday so my passport issue date fell after my 18th birthday. I don't  have any documentation from the process of getting my U.S. citizenship, so I'm at a loss of how to get the documents I need.

I looked up the process on the USCIS website, and it looks like a form N-600 would have been submitted. Is there some way I could get a copy of it from the government, or is there another document that would be able to provide the proof I need?

Update:
If there is a way to prove when I received my green card, that might also suffice. As with that information I could prove that on that date I fulfilled all of the criteria to be automatically a U.S. citizen.


texts:
There are many companies such as Tuff Shed/Home Depot that sell portable sheds. These are usually marketed as being for storage/utility purposes, but some of them can be quite sizable with fairly nice finish, windows, porch, etc. It's hard to find a direct link since these are often made to order, but I've seen examples that are subdivided into rooms like a normal 2 bedroom house (including bathroom and kitchen area) and have comparable square footage for about $20k.

Since this is much cheaper than a typical house, is there a legal or regulatory reason why you can't just buy empty land, put one of these sheds on it, and live there and use it as your primary home address?


texts: Is Texas Apartment Association an example of collusion?

texts:
I'm interested in the legal doctrine on why something like Texas Apartment Association is or is not considered collusion.

The association provides its members with a comprehensive Rental Application, which is by far more exhaustive than most rental applications I've ever seen in, say, California or elsewhere, even going so far as to ask whether the applicant is a US citizen (never seen on a rental application other than TAA), as well as a lengthy lease agreement.

I assume it might not be considered collusion because, from practical observation, likely less than 50% of rental properties appear to come from members (I'd guesstimate membership here in Austin is more like 10 to 20%, but it could possibly be much higher in other areas).  Would it be different if membership levels were higher?

I know that there are other associations like TAA in other industries, like CTIA The Wireless Association, which covers 99% of wireless carriers in the US (AT&T, Verizon, T-Mobile, Sprint etc), however, it's different in a sense that it doesn't require every member to ask all of their future customers a comprehensive questionnaire (the online version of which doesn't let you skip any fields), or require every tenant to agree to things like accelerated rent, quite mandatory and non-trivial subletting charges, no default ability to replace the resident without the original resident still being fully liable for the whole duration of the lease etc.

Aren't all of these things mandated through TAA's Rental Application and Apartment Lease Contract the very definition of collusion by TAA members?