The treaty defines jurisdiction by four properties: under whose law it was formed, where the central admin resides, the location of its principle business, and where it has its statutory seat.
Much of the hypothetical questions are groundless. The treaty explicitly states an situation is subject to the Nations (called State in the treaty) laws, and that NOTHING supercedes these laws except perhaps if the principle business is located in the country who feels is laws are being violated in which case the applicable law shouldn't be just those governing the physical location since the content isn't under that jurisdiction.
It's a first step, and it isn't going away. however, it isn't to the point where we are trying to establish a global governing body. Heck, we just got kicked out of two major joint policy-making International colaitions.
I would think contacting a labor lawyer would be in your best interest.
However, for your own personal research, contact someone in the health care industry. Nurses on call are paid- albeit, a seemingly low amount, however, they much be scheduled officially for the hours they are on call and must be paid accordingly. It seems other industries have already gone through this fight with their employers.
Goodluck.
I would think contacting a lab lawyer would be in your best interest.
However, for your own personal research, contact someone in the health care industry. Nurses on call are paid- albeit, a seemingly low amount, however, they much be scheduled officially for the hours they are on call and must be paid accordingly. It seems other industries have already gone through this fight with their employers.
Goodluck.
Entrapment and gathering information are completely different.
Entrapment: An undercover cop propostioning a suspected drug dealer for to buy drugs. When he does, they arrest and charge with that crime.
Gathering Information: A killer was caught by DNA evidence when a cop picked up a paper cup the killer had used and obtained matching DNA.
The Russians were not entrapped. They were simply lured to the US and information was gathered.
The right to privacy is another matter all together. However, the above example is true and held up in court.
It's interesting....people that steal information and attempt to extort money OUTSIDE the US, claim they are protected because American rules don't apply.
I guess it works both ways!
In true American fashion, wouldn't it be best to just blame the media? I mean, CBS, CNN, NBC, all of them. These kids weren't playing "Shoot up Your School", some game where they stockpile weapons, get picked on by bullies and then go on murderous rampages. They were watching the news...ROUND THE CLOCK news on every aspect of previous shootings. Hell, the tv stations and big shows like Dateline and 60 minutes have a lot of money too.
Everyone was aware that cds weren't supposed to be copied.... We all new that some artists probably lost a tiny amount of money (most was lost to layers of distributors) due to the popularity of Napster...And, most of us didn't care.
Napster gave us free music.
Napster took away profit from the labels (and scared them to death.)
More importantly Napster showed what a delicate line we walk between protecting the creativeness, the intellectual property, of individuals, and the fairness of prices charged/accepted by the public for these products.
Napster wasn't just free music, and lost profits. And, it is nothing more then what has always been in America: Capitalism. It wasn't the first time the envelop was pushed. And, it will not be the last.
Many people call the kid a martyr or say that his rights weren't violated..... and I would have said the same thing. However, I watched my little sister go through a situation in which every conceivable right she should have had was violated by the school administration. Now, I tend to think differently and give the family the benefit of the doubt.
I researched every aspect about schools and the rights of students and here is what I have found.
1. Many lawyers will take the case free of charge.
2. school districts are required by law to have an appeals process within 30 days (or at the monthly school board meeting). At this appeals process the boy can present his argument. Any lawyer would say that punishment cannot be imposed without due process (even if it is the school districts warped sense). The end of May is ridiculous.
3. After this appeals process the boy can sue.
4. The ACLU will take many cases.
5. THE MOST INTERESTING- the Department of Education( as bad as its rep is) has a complaint process that is supposedly fairly decent. Complaints must be filed within 180 days of the date of the incident.
6. Schools HATE bad publicity. The man that gave that advice is brilliant. Publish the school district's name, their smail mail address, and email addresses if possible. I know my high schools have all the admin staff's email published.) Be polite, but active.
7. Mostly, if you were involved before your son got in "trouble" with this incident, prove it. That is important and will take care of people who would question whether you were doing your duty as a good father.
There are a lot of websites and groups that deal with stuff like this. I say take a loook and do some research. I did.
Word of caution. My parents chose not to do anything, even though we had a strong case and the district probably would have settled. It would have been hard on my sister, and she would have been put on trial, regardless if she was the victim and a minor. All I am saying is it might not be worth it.
Goodluck.
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The treaty defines jurisdiction by four properties: under whose law it was formed, where the central admin resides, the location of its principle business, and where it has its statutory seat. Much of the hypothetical questions are groundless. The treaty explicitly states an situation is subject to the Nations (called State in the treaty) laws, and that NOTHING supercedes these laws except perhaps if the principle business is located in the country who feels is laws are being violated in which case the applicable law shouldn't be just those governing the physical location since the content isn't under that jurisdiction. It's a first step, and it isn't going away. however, it isn't to the point where we are trying to establish a global governing body. Heck, we just got kicked out of two major joint policy-making International colaitions.
I would think contacting a labor lawyer would be in your best interest. However, for your own personal research, contact someone in the health care industry. Nurses on call are paid- albeit, a seemingly low amount, however, they much be scheduled officially for the hours they are on call and must be paid accordingly. It seems other industries have already gone through this fight with their employers. Goodluck.
I would think contacting a lab lawyer would be in your best interest. However, for your own personal research, contact someone in the health care industry. Nurses on call are paid- albeit, a seemingly low amount, however, they much be scheduled officially for the hours they are on call and must be paid accordingly. It seems other industries have already gone through this fight with their employers. Goodluck.
Entrapment and gathering information are completely different. Entrapment: An undercover cop propostioning a suspected drug dealer for to buy drugs. When he does, they arrest and charge with that crime. Gathering Information: A killer was caught by DNA evidence when a cop picked up a paper cup the killer had used and obtained matching DNA. The Russians were not entrapped. They were simply lured to the US and information was gathered. The right to privacy is another matter all together. However, the above example is true and held up in court.
It's interesting....people that steal information and attempt to extort money OUTSIDE the US, claim they are protected because American rules don't apply. I guess it works both ways!
In true American fashion, wouldn't it be best to just blame the media? I mean, CBS, CNN, NBC, all of them. These kids weren't playing "Shoot up Your School", some game where they stockpile weapons, get picked on by bullies and then go on murderous rampages. They were watching the news...ROUND THE CLOCK news on every aspect of previous shootings. Hell, the tv stations and big shows like Dateline and 60 minutes have a lot of money too.
Everyone was aware that cds weren't supposed to be copied.... We all new that some artists probably lost a tiny amount of money (most was lost to layers of distributors) due to the popularity of Napster...And, most of us didn't care. Napster gave us free music. Napster took away profit from the labels (and scared them to death.) More importantly Napster showed what a delicate line we walk between protecting the creativeness, the intellectual property, of individuals, and the fairness of prices charged/accepted by the public for these products. Napster wasn't just free music, and lost profits. And, it is nothing more then what has always been in America: Capitalism. It wasn't the first time the envelop was pushed. And, it will not be the last.
Many people call the kid a martyr or say that his rights weren't violated..... and I would have said the same thing. However, I watched my little sister go through a situation in which every conceivable right she should have had was violated by the school administration. Now, I tend to think differently and give the family the benefit of the doubt. I researched every aspect about schools and the rights of students and here is what I have found. 1. Many lawyers will take the case free of charge. 2. school districts are required by law to have an appeals process within 30 days (or at the monthly school board meeting). At this appeals process the boy can present his argument. Any lawyer would say that punishment cannot be imposed without due process (even if it is the school districts warped sense). The end of May is ridiculous. 3. After this appeals process the boy can sue. 4. The ACLU will take many cases. 5. THE MOST INTERESTING- the Department of Education( as bad as its rep is) has a complaint process that is supposedly fairly decent. Complaints must be filed within 180 days of the date of the incident. 6. Schools HATE bad publicity. The man that gave that advice is brilliant. Publish the school district's name, their smail mail address, and email addresses if possible. I know my high schools have all the admin staff's email published.) Be polite, but active. 7. Mostly, if you were involved before your son got in "trouble" with this incident, prove it. That is important and will take care of people who would question whether you were doing your duty as a good father. There are a lot of websites and groups that deal with stuff like this. I say take a loook and do some research. I did. Word of caution. My parents chose not to do anything, even though we had a strong case and the district probably would have settled. It would have been hard on my sister, and she would have been put on trial, regardless if she was the victim and a minor. All I am saying is it might not be worth it. Goodluck.