What is a ‘termination for default’? When a business owner enters into a procurement contract with the federal government for the provision of goods or services, he or she must be aware of the complex terms of such contracts. While many business owners are familiar with the Uniform Commercial Code and common law rules governing their business contracts, most are not familiar with the unique administrative rules governing federal government contracts. → Read More
Does the federal government allow full and open competition in government contracts? Does the federal government allow full and open competition in government contracts? → Read More
How do I get my child’s deceased father’s name on her birth certificate? In order to have a father listed on a birth certificate, if his name was not added at the child’s birth, paternity must be proven to the court. Paternity can be proven through DNA testing on the father, if he is living, or through a relative, if he is deceased. → Read More
Can a school official search a student’s locker? While the U.S. Constitution upholds the right to be safe from unreasonable searches and seizures, the standard for school searches is less rigid. The search is lawful if the school has a “reasonable suspicion” that a school rule has been violated. This means the search must be justified when made and reasonably related to the circumstances being investigated. → Read More
Does the U.S. Constitution apply to military personnel? Sort of, but not exactly the way it does in civilian life. While military personnel are not excluded from the rights set forth in the Constitution and Bill of Rights, Article I, Section 8, of the Constitution grants Congress the power to make rules for the government and regulation of the land and naval forces. → Read More
Do members of the military have freedom of speech? Freedom of speech is a guaranteed right for all United States citizens, in accordance with the Constitution. However, members of the military do face certain context-based restrictions on how they exercise that right. → Read More
Is it okay for military personnel to use marijuana recreationally in a state where it is legalized? The fact that your state has decriminalized marijuana use is not relevant to military law. The military is a federal institution, governed by federal laws. Drug use is a crime under the Uniform Code of Military Justice (UCMJ) Article 112a, 10 U.S.C. 912a. Further, there is no ‘off time’ for service members when it comes to drug use, nor does the law vary depending on location or even the dominant public perception of the drug use (whatever it may be). → Read More
Illegal Search and Seizure: 4th Amendment Violations May Warrant Money Damages Illegal search and seizure by the police in conflict with the 4th Amendment may give you the right to sue the police for damages. The 4th Amendment provides that we should be free from unreasonable or illegal search and seizure, and is generally enforced by exclusion of the evidence from any trial should you be prosecuted. According to federal law, though, you can also receive money damages, and even have your attorney’s fees paid, if you are the victim of an illegal search and seizure. → Read More
Can I sue a police officer for false arrest? You can sue a cop for false arrest, but such lawsuits tend to be difficult to win. Most states protect their officers from such suits with what is called “investigatorial immunity.” As long as an officer is acting reasonably in their employment, their actions, even if mistaken in the end, are protected from civil suit for false arrest. → Read More
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