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Separation carries a characterization: honorable, general under honorable conditions, other than honorable, bad-conduct, dishonorable or uncharacterized. It appears on the DD Form 214 with a narrative reason, separation code and reentry code. Statutory bars in 38 U.S.C. 5303 and regulatory bars in 38 CFR 3.12 exclude some veterans outright, while others receive a character of discharge determination.
A division of a fee between lawyers who are not in the same firm is permitted only if the division is in proportion to the services each performed, or each lawyer assumes joint responsibility for the representation; the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and the total fee is reasonable. Lawyers in the same firm are not subject to the rule, and sharing fees with non-lawyers is separately prohibited.
Dormant mineral statutes extinguish a severed mineral interest that has gone unused for a defined period, vesting it in the surface owner unless a savings event occurred. Savings events typically include production, a recorded conveyance or lease, payment of taxes, or a filed statement of claim. The Supreme Court in Texaco, Inc. v. Short upheld such a statute, holding that the enactment itself supplies the notice due process requires.
Section 313 of the Tariff Act allows a refund of ninety-nine percent of duties, taxes and fees paid on imported merchandise that is later exported or destroyed, either unused or after being used in manufacture. Substitution claims permit other merchandise classified in the same eight-digit tariff subheading to stand in for the imported goods. The claim must be filed within five years of the date of importation of the designated merchandise.
The determination of tribal membership is a matter of tribal law decided by tribal institutions. Federal courts have held that the Indian Civil Rights Act creates no cause of action for challenging a membership decision, leaving habeas corpus as the only federal remedy the statute supplies. The Bureau of Indian Affairs has no general authority over enrollment, and its involvement is confined to rolls it prepares under a specific statute and to constitutions requiring Secretarial approval.
Exclusive dealing is assessed by the share of a relevant market foreclosed to rivals, together with the duration of the contracts, their terminability and the availability of other distribution. Tying requires two separate products, a sale of one conditioned on the other, sufficient economic power in the tying product, and a not insubstantial volume of commerce in the tied product. A patent no longer creates a presumption of that power.
A federal court has jurisdiction to determine whether a tribal court has exceeded the lawful limits of its authority, because that is a federal question. As a matter of comity rather than jurisdiction, the federal court will ordinarily abstain until the tribal trial and appellate courts have examined the issue. Recognized exceptions cover bad faith, patent violations of express jurisdictional prohibitions, futility, and cases where the absence of tribal jurisdiction is plain.
Spacecraft and related articles appear both on the United States Munitions List and on the Commerce Control List. The munitions category captures items with defined military or intelligence characteristics; the remainder falls to the commerce classifications for spacecraft and related commodities. Classification decides the licensing agency, the availability of exceptions, whether foreign-made goods inherit the control, and whether registration is required before any export occurs.
The Department of the Interior acknowledges Indian tribes under the procedures at 25 CFR Part 83. A petitioner must satisfy seven mandatory criteria: identification as an Indian entity, existence as a distinct community, political authority over its members, a governing document, descent from a historical tribe, membership not principally in another acknowledged tribe, and the absence of terminating legislation. Acknowledgment establishes a government-to-government relationship.
Federal coal is leased competitively, ordinarily on a tract configured after an application and a fair market value determination, and only where the land use plan has found the area acceptable for leasing. A lease runs an initial term and continues so long as coal is produced in commercial quantities. Diligent development requires production within the statutory period, and a logical mining unit lets scattered leases be treated as one operation for that purpose.
In a series of sales culminating in importation, the earlier sale may be used as the basis of transaction value where the importer establishes that the sale was a bona fide sale, that the goods were clearly destined for export to the United States at the time of that sale, and that the parties dealt at arm's length free of any nonmarket influences. The burden rests on the importer and is met with contemporaneous documents rather than with assertions.
Section 307 of the Tariff Act prohibits the importation of goods mined, produced or manufactured wholly or in part by convict, forced or indentured labor. Customs enforces it through withhold release orders issued where information reasonably but not conclusively indicates such goods are being imported, through published findings, and through a statutory presumption applied to goods from specified regions and entities. Release turns on documentary tracing rather than on assurances.
