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The Law Portal
Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalised in a statute, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign states in activities ranging from trade to environmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotle declared: "The rule of law is better than the rule of any individual."
Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion informs the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress. (More…)
Selected article
Convicted computer criminals are people who are caught and convicted of computer crimes such as breaking into computers or computer networks. Computer crime can be broadly defined as criminal activity involving information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (or identity theft) and electronic fraud.
Convictions of computer crimes, or hacking, began as early as 1983 with the case of The 414s from the 414 area code in Milwaukee. In that case, six teenagers broke into a number of high-profile computer systems, including Los Alamos National Laboratory, Sloan-Kettering Cancer Center and Security Pacific Bank. On May 1, 1983, one of the 414s, Gerald Wondra, was sentenced to two years of probation. In 2006, a prison term of nearly five years was handed down to Jeanson James Ancheta, who created hundreds of zombie computers to do his bidding via giant bot networks or botnets. (more...)
Selected biography
Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was a Democratic United States Senator from Indiana and an Associate Justice of the Supreme Court of the United States.
Minton served as a captain in World War I, following which he launched a legal and political career. In 1930, he became a utility commissioner under the administration of Indiana Governor Paul V. McNutt. Four years later, Minton was elected to the United States Senate. During the campaign, he defended New Deal legislation in a series of addresses in which he suggested it was not necessary to uphold the Constitution during the Great Depression crisis. As part of the New Deal Coalition, the fiercely partisan Minton championed President Franklin D. Roosevelt's unsuccessful court packing plans in the Senate and became one of his top Senate allies.
After Minton failed in his 1940 Senate re-election bid, Roosevelt appointed him as a judge to the United States Court of Appeals for the Seventh Circuit. His subsequent appointment to the Supreme Court was confirmed by the Senate on 4 Oct 1949. An advocate of judicial restraint, Minton was a regular supporter of the majority opinions during his early years on the Court; he became a regular dissenter after President Dwight Eisenhower's appointees altered the Bench's composition. In 1956, poor health forced Minton's retirement, after which he traveled and lectured until his death in 1965. (more...)
Did you know...
- ... that other than the Second World War, there has never been a declaration of war by Canada?
- ... that in Young v. Facebook, Inc., Judge Jeremy Fogel found that Facebook was not a physical place for the purpose of the Americans with Disabilities Act, despite its having "posts" and "walls"?
- ... DYK3
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Selected case
Seneca Nation of Indians v. Christy, 162 U.S. 283 (1896), was the first litigation of aboriginal title in the United States by a tribal plaintiff in the Supreme Court of the United States since Cherokee Nation v. Georgia (1831), and the first such litigation by an indigenous plaintiff since Fellows v. Blacksmith (1857) and its companion case of New York ex rel. Cutler v. Dibble (1858). The New York courts held that the Phelps and Gorham Purchase did not violate the Nonintercourse Act, one of the provisions of which prohibits purchases of Indian lands without the approval of the federal government, and that (even if it did) the Seneca Nation of New York was barred by the state statute of limitations from challenging the transfer of title. The U.S. Supreme Court declined to review the merits of lower court ruling because of the adequate and independent state grounds doctrine.
Although the case has not been formally overruled, two Supreme Court decisions from the 1970s and 1980s have undone its effect by ruling that there is federal subject-matter jurisdiction for a federal common law cause of action for recovering possession based on the common law doctrine of aboriginal title. Moreover, the New York courts' interpretation of the Nonintercourse Act is no longer good law, with modern federal courts holding that only Congress can ratify a conveyance of aboriginal title, and only with a clear statement, rather than implicitly. (more...)
Selected statute
Regulamentul Organic (Romanian name, translated as Organic Statute or Organic Regulation; French: Règlement Organique, Russian: Oрганический регламент, Organichesky reglament) was a quasi-constitutional organic law enforced in 1834–1835 by the Imperial Russian authorities in Moldavia and Wallachia (the two Danubian Principalities that were to become the basis of the modern Romanian state). The onset of a common Russian protectorate which lasted until 1854, and itself in force until 1858, the document signified a partial confirmation of traditional government (including rule by the hospodars). Conservative in its scope, it also engendered a period of unprecedented reforms which provided a setting for the Westernization of local society. The Regulament offered the two Principalities their first common system of government. (more...)
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