NALP Exchange

Discussion of the Law

Page 3 of 15

Brexit Law Changes

For the last few decades much of Britain’s employment laws have been based on EU directives and legislation.  Unfortunately it is not clear what if anything will change, indeed it is important to remember that the Brexit capmapigners have no actual control over  these laws even if we leave the EU as the majority are not in Government.

Here’s a few of the main issues:

Transfer of Employment

A set of regulations called TUPE which ensure that employment and conditions are transferred when a business or services changes ownership.  This offers significant protection for employees and their terms of services.  Will a UK government carry on with TUPE.

Agency Workers

The EU has introduced a lot of protection for agency workers ensuring that if they work for 12 weeks they will be entitled to the same basic working and employment conditions of permanent workers recruited directly by the company.  This was extremely controversial in the UK and it’s distinctly possible that this will be replaced.

Health and Safety

The EU has introduced a lot of health and safety legislation often with a lot of opposition in the UK, many who argue that it is burdensome and oppressive. It is unclear how much would be retained or replaced.

Discrimination

Another areas heavily influenced by European law, in fact pretty much all of the UK discrimination laws have an EU component.  Protections on grounds of disability, sex, race and religion have all been strengthened by EU law.  Although possible that  these could be weakened following an exit from the EU it is probably unlikely this would happen.

Holiday Payments

Another important area that has been influenced by the European Union.  Latest improvements include the rulings that holiday pay should include their full earnings rather than just the basic salary.   Many expect this to change if a UK government had the ability to control this issue.

Digital Market Place

An important area that is currently in development, many UK citizens earn their living online making and selling digital services and computer software like Identity Cloaker.   Overall the market for digital products across the world is confusing tangle of conflicting rights and regulations.  The EU is trying to produce a single market for digital products to help alleviate this situation.

Further Reading

John Williams, IP Cloaker, Black Swan Productions, 2015

Pakistani Blasphemy Laws – Man Arrested

Throughout the world there are some very strict religious laws, and Pakistan has some of the most inflexible.  Last week Pakistani police sweeped down on the home of Jahanzaib Khaskhili in the town of Tando Adam.    His crime was unclear at first but it was soon revealed to be for the selling of shoes which carried a sacred Hindu symbol on them.

The shoes carried the ‘om’ symbol which is held sacred in the Hindu religion.  The arrest was supported by the local Hindu community leaders who called for the shopkeeper to be punished for this supposed crime.   The blasphemy laws sound quite reasonable on first glance simply making it a crime to insylt any of the major religions, There are specific extremist sections too though including defiling the Koran or insulting a certain Prophet Mohammad which carry either a life sentence or a mandatory death sentence.

fort-824774_640

So what’s going to happen to the poor shopkeeper? Well the sentence for his particular ‘crime’ is slightly more lenient but still could be up to 10 years in jail plus some sort of fine.  Ali is reported to be cooperating with the police and authorities and is claiming he was completely unaware that he was committing a crime.   The police chief seemed to be sympathetic to these claims and is likely to be lenient.

They were also now pursuing the supplier of the footwear, who is also based in Pakistan but in the neighboring Punjab province.

What is evident though that visitors to Pakistan should be extremely careful about what hey do or say when in Pakistan.  It is easy for visitors from liberal areas like Europe to inadvertently break strict laws especially around religion.  It’s best to avoid any discussions or situations involving religions unless you are actively participating.

If you’re using the internet and or messaging try to use only protected or secure sites.  In fact it’s advisable to only post anonymously on social media sites, plus use encryption to protect your actual data and connection.   Many people in these countries routinely use a VPN like this to protect themselves and of course access region locked internet sites.

References:

James Jennings, author: UK Proxy Online: 2012 Nomad Publishing

More Strange Laws – Holiday Fun

Every country has a few of them, those strange laws which nobody seems to know the reason for but can ultimately land you in a  lot of trouble.    There are of course often sensible reasons behind some of they can be difficult to predict particularly for an outside.  These are not always in far flung exotic places either – check out some of these below.

France have a lot of laws, they are on the whole fairly sensible but it’s unlikely that everyone abides by all of them.  For example there is a law in place covering motorists, which states that every car driver must carry a high visibility best with them whilst travelling.  If you are caught without one, you can face a fine of just over £100.

aircraft-1362587_640

Other laws are slightly more predicable but  still a bit strange for a westerner to comprehend.  For example it’s best not to get too amorous in public whilst in Dubai.  In 2010 a UK couple spent a month in a Dubai jail after being caught kissing in a restaurant.   Others have faced even more serious sentences for similar offences.  You can also get in trouble for doing anything like this over the internet, so be careful what you stream over the internet using this best VPN for Netflix !

What could possibly happen in the laid back Caribbean, where we suspect the police probably spend a lot of time relaxing and taking naps.  But beware, be careful what you wear there, in the Caribbean for  some inexplicable reason it is an offence to wear camouflage clothing.

Most people would of course expect there to be some tough drug laws out there particularly in the middle eastern countries but even then they might surprise you.  For example in the United Arab Emirates, you don’t need to be carrying them – the slightest trace in your bloodstream is enough to land you a hefty jail sentence.  The drugs that are banned are not also obvious, for example codeine is illegal whereas it’s commonly sold in most European countries.

UAE is probably a place to avoid for a relaxing carefree holiday, for it has other laws which could catch you out.  Ever felt the need to swear at someone on social media for example, a very bad move in the UAE.  A few naughty words on Whatsapp or social media platform could land you with a fine of £50000, ouch !  Do yourself a favor and be very careful what you don online in some of these countries, keep a low profile and perhaps like me use a VPN like this to stream the News and stuff because not only will it hide where you’re visiting but also will encrypt what you say online too.

 

More taxes on firewood and wooden briquettes

There have been a lot of talk lately, about if we should increase the taxes on firewood and wooden briquettes or even ban the use of these product completely for private users. For some this may sound like a joke, because most of us know that this type of fuel is Co2 neutral. Co2 neutral means, that while growing the three absorbed a certain amount of Co2 from the air. When burning the tree this amount of Co2 is released again, so by using firewood for heating, you use a lot less Co2 compared to oil or gas. So why is the goverment even considering increase the taxes on these types of products, or maybe even banning them completely? We asked an expert – Jens from Brænde og Briketter, a store producing and selling firewood, and he did his best to explain the problem to us.

The main problems isn’t the products, when burning wooden briquettes or pure firewood, the right way, you get clean heat in a way that doesn’t really affects the environment much. It’s way better than oil, gas or even windmills (as there are lot of pollution involved in building the windmills). The only Co2 you get from firewood is the transportation, and cutting it to the right sizes. So what is then so bad about it, and why does the goverment want us to use less firewood? According to Jens and some testing he did for kvalibrænde, the problem is how we burn it. When we burn wood that isn’t quite dry enough or we don’t get a high enough temperature, then we don’t get a clean fire and we won’t burn away most of the harmful particles like Dioxin.

Dioxin is a very potent carcinogen and endocrine disrupter, and is a very deadly air pollutant. dioxins increases the risk of genetic defects, cancer, birth defects, reproductive abnormalities, and immune dysfunction. When it gets out in the environment it is recycled there for several years. Recently we have discovered that Wood burning is the third largest source of dioxin in the United States. When burning firewood it rise high into the atmosphere as smoke particles, fall to the earth as rain, where it pollutes the soil and water. Accoring to some test from Brænde and Briketter, they noticed that burning one kilogram of wood, can result in 160 micrograms of dioxins.

This doesn’t mean that it’s always bad to use wood as a source of heat. Most of the time you get a good clean fire, and there isn’t any problems. But a modern wood stove that use catalytic combustors to reduce smoke emissions are particularly sensitive to fuel quality, so if you use wooden briquttes in a poor quality, wet wood or add some garbage to your stove, then you end up with a poor quality fire, which can’t remove all of the harmful particles, and you end up polluting the air. In order to reduce this problem, there have been some talk about putting more taxes on firewood, in order to get people to use less of it. Is there any difference if you use firewood or briquettes? Yes most of the time, you get a better fire with wooden briquettes as you can see in this example, but most of the time, you really wont notice any difference.

Bizarre laws: The Weirdest Laws

untitledA lot of us thought we knew most common laws, these are orders from the government that needs to be followed and respect by the society. If you choose to step outside these laws, you may be fined or charged of whatever it might be that you don’t follow. As we all know, the government or even the police officers might arrest you if you break a law. However, there are instances that we can’t understand why we are arrested or questioned something that is unbelievable to be prohibited by the government. They called this as bizarre laws. Yes, bizarre law is very common to United States of America. This is enacted by the government for the American citizens to follow. But you may believe it or not, bizarre laws are stupid laws that are hard to believe that exists. Most laws are made to protect the interest of the society. There are also laws that are just illogical, impractical and even unexplainable. Bizarre laws are laws that really don’t make sense. You might ask yourself why it exists but it is. Here are some bizarre laws that you must be aware of which would surely make you laugh. A lot of these laws are from the time before we had any real politics, but they still stand, even though it’s rare they are enforced. Here we are just taking a look at some of the US laws, if you also had to include som of the EU politics then the list wouldn’t end.

Bulletproof Vest Laws
Did you know that there is a law in New Jersey which would surely puzzled your mind? Yes, it is all about being illegal to wear bulletproof vest while committing a murder? Yes, this is
released by the government in New Jersey. So, you might be wondering how this happen and why this kind of silly and stupid law has been practiced and enacted.

Halloween Laws
There are some states that disallow wearing kids’ masks during Halloween. They ban wearing masks even it is Halloween. Finding a kostume with a mask may also be illegal. What would be Halloween without even wearing masks? Wearing masks in public in Alabama is illegal. Kiddies need to have a permit from the sheriff to wear mask in Walnut, CA. According to them, this will keep the society safe from any accidents or instances like being on danger just because of the masks. For instance, wearing Spiderman masks would be dangerous for kids in Arizona. Kids might be so much excited of their masks and accidentally jay walked because of their excitement, so this is illegal.

Silly Fishing Laws
It is not allowed to do whale fishing in Nebraska, Oklahoma or Utah. There is also a law in Ohio to refrain from whale fishing on Sundays.

Bingo Laws
It has been said that you can’t play bingo games that would last for more than 5 hours in North Carolina. It is said that you must call your lawyer once you played bingo games in hours. It is fine to bingo for fours and half hours.

Rabbit Laws
In Wyoming, it is not allowed to take pictures of a rabbit during the month of June. In this state, rabbits need to have a picture taking break and there are only 11 months available for rabbit picture taking.

Wearing False Teeth Laws
It is illegal in Vermont for the women to wear false teeth, without specific permission from their husband.

These stupid laws really exist no matter how you reacted about it and even through a lot of similar laws have been “fixed” recently, there are still a many crazy laws left out there. Read more strange law examples here at poland-epp.eu

Choosing the Right Business Solution

Starting a new business can be quite a challange. There are a lot of rules you have to known in order to start a business. For instance if you are importing products from another county, there a tons of import and tax rules, you will have to research before you start your business. Many of us are building a business for a lot of different reasons. Most of us are starting a business, just because we want a source of income, a new challange, passionate to business or either we want to spend time doing it. But no matter what purpose you have why you build a business, you still need to have a proper business management to run it well. Business Solutions must be applied onto your business so that it would not difficult for you to deal with some problems that might arise. Of course, no business did not encounter any problem even those successful ones. You might see those having no problem but you did not know that they are also having a problem just like any other businesses out there. It doesn’t mean that a business has no because it is already big and successful. Did you know that a business which is successful is more prone to problems? If in time that your business is going big and becoming successful, you need to be more attentive because it will be frustrated if you go down again, that is a big failure. Business management and control should be done with the assistance of precise business solutions to be applied onto your overall management and business operations.

Any business operations should be hold well. Any small mistake might result a big mess. So, being clever and wise is needed. There are many business strategies that you can apply onto your business to become effective and successful and those are all called business solutions. Technology has come into our world today. Many people embraced the computer era because they find it more exciting and more at ease. At ease on work because it helps to make it fast and exciting because of the new processes they are following without sweat. Everyone wants this idea and of course everyone would love to acquire it. But the only thing that you have to keep in mind is to make sure that you know how to use it. Yes, having the awareness and knowledge on how to use and apply it onto your business would make the work run smoothly. It can be stressing if you have that advance business solutions but don’t have any idea on how it works and how it is being applied.

Help your business grow with the right choice of marketing strategies. If you spend time to browse online, you can have ideas on how to run your business rightfully. Also, if you still have that idea on how to manage your business, you can still learn by browsing online and add some knowledge about managing your business. If you have your business solutions right now, you can still add some more knowledge about it. The world is changing and change will always contribute good purposes why it happened. Since our business economy is growing, and then you must also grow with your ideas on your business solutions. You can have a management that would control all the operations of your business using these advance and sophisticated business solutions.

For instance, just take the business karnevalshoppen, an online webshop selling kostumer, udklædning and accessories to private in europe. It took him several years just to get the most basic stuff done. To get the various tests and permissions to sell the stuff. To begin with it was just a few kostumer, later on as the stock increased, new products was added and more products was being sold, more and more restictions and test was required. Even with all the legal stuff and the many restictions he still managed to turn it into a growing business as you can see here on http://karnevalsshoppen.dk/

Dating Site – PoF Fined under Anti-Spam Legislation

The CRTC says the fine was imposed after complaints alleged PlentyOfFish Media Inc. sent e-mails that didn’t have a clearly labelled or easy-to-use unsubscribe alternative.

The apparent violations happened between July 1 and Oct. 8 of last year.

Markus Frind in Vancouver created PlentyOfFish 12 years ago and now has more than one hundred million users around the world. The service sends its users occasional e-mails which highlight people who have similar interests and notify them of new messages from fellow users. The majority of them are sent from a central mail server based of unknown location but with a US IP address.

Delete-Plentyoffish-account

After they notified PlentyOfFish Media of the investigation, regulators say, the firm upgraded its unsubscribe procedure to obey the laws.

The dating website has additionally agreed to develop a compliance plan, including training for the staff and changes to match with the anti spam requirements.

“This case is a significant reminder to companies that they have to review their unsubscribe mechanics to ensure they’re clearly and conspicuously set out as well as may be readily performed,” said main compliance and enforcement officer Manon Bombardier in a release.

Before this month, the CRTC imposed the primary monetary punishment under the anti-spam law, which came into effect.

The organization has until the CRTC’s ruling to be contested by early April.

Additional Reading

Discussion of the Law

 

What is the purpose of the law? Why do we need lawyers? Is there a better system available to society? Has the practice of law been corrupted by the greed motive? These are all vitally important questions that need to be discussed in a frank and open manner. The accessibility of an internet website makes it the perfect tool for hosting such a free ranging discussion on aspects of the law.

What is the Purpose of the Law?

“Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.”
[Yick Wo v. Hopkins, 118 U.S. 356; 6 S.Ct. 1064 (1886)]

The sovereign makes the law in order to protect his, her or their “life liberty and property”. The mechanism for upholding the body of rules known as the law is first the police force. Since part of the law is the right to a trial, lawyers and legal professionals become involved in the law process.

The notion of sovereignty varies from country to country. In England the monarch is the sovereign. In the USA, following the model handed down from the French Revolution ‘the people’ are the sovereign.

Under the American system ‘the people’ therefore have the right to change the law. And yet their elected representatives often seem reluctant to enact the changes that many of the people want. A classic example of this is the legalization of marijuana. The people of California clearly want this but their sovereignty is undermined by the overriding claim of sovereignty held by the federal government.

Why do we need lawyers?

Essentially lawyers are a product of the inaccuracy of language. As more words are used the more there is room for interpretation. Words are a way of modeling reality. The model is not reality. Thus, lawyers are needed to find suitable interpretations for the words of the law.

Secondly, the constitution upholds the right for a man to defend himself if accused by the law. The law is complicated and this right requires lawyers. In civil law the right for redress against a perceived wrong also requires the services of a lawyer.

Finally, as a result of the slippery nature of language, lawyers are needed to write agreements that cannot be easily broken.

Therefore, lawyers are experts in the details of the law as well as the language of the law. The details naturally include the important body of examples set out in precedence.

Is there a better system available to society?

Some countries use trial by jury; in others judges decide the verdict of guilty or not guilty. Either way lawyers are used to expound the opposing points of view of the plaintiff and the defendant. Should we scrap the system of lawyers and let people directly plead their case to a judge? As in the case of King Solomon, a wise man could see clearly to the heart of the matter and reach a just decision, mete out justice.

People are dismayed with the ‘tricks’ lawyers use such as pleading that technical proceedings were not followed correctly. It is commonly perceived that those with lots of money can retain the services of lawyers who are adept at throwing up smokescreens of words by which they can make ‘black’ become ‘white’.

There are clearly problems with the legal system. They might, however, reflect inequalities and problems in society rather than in the theory of the law.

Has the practice of law been corrupted by the greed motive?

The last point naturally leads on to the relationship in America between money and the law. People can become rich from using the law in the USA, more so than in any other country. Not only can some lawyers command high fees for their services but they can also take a commission for damages they recover.

The culture of ‘ambulance chasing’ is seen by many foreign observers as being endemic in the USA. This does seem to be an unfortunate side effect of the sovereign right to pursue a grievance through the legal system. Other countries have basically the same legal system as the USA with little litigation. One definitely has to question the motives of many plaintiffs. Greed undoubtedly is behind many court cases. However, sometimes it is the desire to clear ones name, or the desire to challenge the law itself. Again, we have to look not at the law but at the society that uses the law in cynical and greedy ways.

These are just notes to get the ball rolling. www.nalpexchange.org is about an exchange of opinions connected to the law. It is often quoted that the future is a foreign country; well the law is also a foreign country. This website intends to explore the law in its widest sense and in its most far reaching applications and influences in order to make the law less foreign to us.

The New Age Of Economy

economyIt’s always fun when we hear about a developing economy. As a normal citizen, you would probably say that the economics, is in a new era of development. This year – is a time of expanding possessions, expanding business, expanding debt and expanding waistlines. This is also a time of fantastic and new innovation. If you are a gadget person, you would probably say that you are now living in a developing state. The economy is on its new stage of development. As you can see, US become one of the most renowned states as being a well-developed state. Economics in the US become trending these days. It is inside the news as being one of the wealthiest states when it comes on its economy. There were some suggestions blowing in the wind of the deviations to come. There are small businesses that were tightening their belts, home prices were down, home foreclosures were up, and a lot of baby boomers were beginning to experience health issues. When it comes on expansion, it becomes superfluous and carried a price. Wealth was now redefined through innovative economic times. An example of this is the EU business karnevalsshoppen, which is behind the project tyrolerudklaedning.dk, a website with focus on tyroler kostumer, tyrolertøj and oktoberfest kostumer. 2 years ago they couldn’t lend the money for the project anywhere. Today almost every bank in the area, are asking if they want to borrow money to get the project going.. Tyrolerudklaedning isn’t the only company who has experienced this. Actually a lot of small companies that was having problems getting a loan, a few years ago, are now having a much easier time finding money for their various projects.

We are already aware that United States of America is the world’s biggest national economy. Since from the late 19th century, US has been a leader in technological innovation and scientific research. Phone becomes an important tool when it comes on the mode of communication. When Alexander Graham Bell manifest for the telephone, the economy in the US had changed a lot. A lot of businesses in United States developed because they are able to have increase customers. Direct contact to customers provides the possibility of acquiring more and more customers and this is because of telephone. People can easily contact and make some transactions through it. Since we love entertainment, we usually spend time on watching movie. Way back from the past, people use phonograph to watch movie. Phonograph was developed by Thomas Edison and it is the first long-lasting bulb which is used as movie camera.

Try to see how the economy in the US developed. They have developed different tools. The high frequency power transmission to be used in radio and AC induction motor were also pioneered by Nikola Tesla. These were really a big contribution to the economy. With a lot of invention in United States, it clearly explains how their economy developed. When you study on the economy in the US today, you would find out they are really progressing. America has also highest average household income. If you are going to compare it into other states, you would be amazed on how it turned out like that. United States is the world’s largest manufacturer and leads the world in airplane manufacturing. The manufacturing sector of Unites States had experienced before of substantial job losses but has easily recovered. Even though United States agriculture compromises less than 2% of the economy, it is still a net exporter of food. If you get alarmed on how US have a developing economy, then you can read lots of sources online.

US Recovery Won’t Boost Global Growth

Even though the US market is growing more firmly compared to the International Monetary Fund anticipated in last October’s World Economic Outlook, that acceleration is not going to suffice to improve international economic growth.

Instead, the pickup in the United States emphasizes the undeniable fact that we have been within an age of economic bundles that are divergent, although some boats being lifted by the tide but leaving the rust pails put the underside.

statue-of-liberty-267948_640
Faced with that prospect, Europe and Japan are embarking on substantial monetary policy experiments, fuelling discussion of international “money wars”. To say that isn’t to deny the extent or value of the restoration that is based on American growth. But the increases to the economies in the rest of the planet from other areas shouldn’t be overestimated.

That change is portion of a broader tendency. From 1986 to 2000, as the planet market experienced a huge process each 1 per cent escalation in world GDP was correlated using better rise ensuring that commerce spread growth globally.

But that multiplier (which economists refer to as the “commerce elasticity”) has dropped to around 1.3, helping to clarify why markets go less closely in measure than they formerly did.   Just check out the news in these countries, you can use this tool to access national broadcasters from the USA and Europe like NBC, BBC, ABC etc.

In once, the decrease in the responsiveness of commerce to increase continues to be particularly marked in America, using the commerce elasticity dropping from almost 4 to of the American market.

The result will be to significantly muffle the direct spillover to the planet in general from a more powerful US restoration.  The prognosis for worldwide increase thus depends more heavily on each area’s own attempts — but the prospects are scarcely not worry in the heart as well as in its periphery of the planet market.

Further Reading

« Older posts Newer posts »

© 2018 NALP Exchange

Theme by Anders NorenUp ↑