https://justicepartnersgroup.com/ Ten fields of United States lawen-us https://justicepartnersgroup.com/journal/import-restrictions-on-cultural-property/https://justicepartnersgroup.com/journal/import-restrictions-on-cultural-property/Under the Convention on Cultural Property Implementation Act the United States may agree with a State Party to restrict imports of archaeological or ethnological material whose pillage places a cultural patrimony in jeopardy. The restriction reaches only material described on a designated list published in the Federal Register. Listed material may not enter without an export certificate from the State Party or statutory evidence that it left that country early enough to satisfy the Act.Art & Cultural Propertyhttps://justicepartnersgroup.com/journal/immunity-from-seizure-for-museum-loans/https://justicepartnersgroup.com/journal/immunity-from-seizure-for-museum-loans/Under 22 U.S.C. 2459 an object of cultural significance imported from abroad for temporary exhibition at a nonprofit cultural institution may be granted immunity from judicial process, so that no court may order it seized, attached or removed from the institution's custody. The determination must be made and published in the Federal Register before the object enters the country. It protects the object during the covered period; it does not decide ownership and does not by itself bar a suit.Art & Cultural Propertyhttps://justicepartnersgroup.com/journal/automatic-visa-revalidation-for-short-trips/https://justicepartnersgroup.com/journal/automatic-visa-revalidation-for-short-trips/Regulation permits an expired nonimmigrant visa to be treated as automatically extended to the date of application for readmission where the holder departed only to contiguous territory for thirty days or less, holds an unexpired admission record, has maintained status, and returns within the period. Students and exchange visitors may also use adjacent islands. Applying for a new visa while abroad ends the benefit, and nationals of designated state sponsors of terrorism cannot use it.Immigration & Naturalizationhttps://justicepartnersgroup.com/journal/the-montana-exceptions-and-civil-authority/https://justicepartnersgroup.com/journal/the-montana-exceptions-and-civil-authority/Under Montana v. United States, the inherent sovereign powers of a tribe do not extend to the activities of non-members. A tribe may regulate non-members who enter consensual relationships with the tribe or its members through commercial dealing, contracts, leases or other arrangements, and may regulate conduct that threatens or directly affects the political integrity, economic security, or health or welfare of the tribe. Both exceptions require a nexus to the regulation asserted.Tribal & Indian Lawhttps://justicepartnersgroup.com/journal/stolen-art-demand-refusal-and-time-limits/https://justicepartnersgroup.com/journal/stolen-art-demand-refusal-and-time-limits/A replevin claim for a stolen work accrues under one of two competing rules. In demand and refusal states the period does not begin until the true owner demands the object from a good faith possessor and the possessor refuses, so the claim can survive for decades. In discovery rule states the period begins when the owner knew or through reasonable diligence should have known where the object was. Laches operates alongside both and can bar a timely claim where delay has prejudiced the possessor.Art & Cultural Propertyhttps://justicepartnersgroup.com/journal/repatriation-under-nagpra/https://justicepartnersgroup.com/journal/repatriation-under-nagpra/The Native American Graves Protection and Repatriation Act requires federal agencies and federally funded museums to compile summaries of certain collections and item-by-item inventories of human remains and associated funerary objects, prepared in consultation with tribes. Where cultural affiliation is shown by a preponderance of the evidence, the institution must repatriate on request from a lineal descendant or an affiliated group unless it establishes a right of possession.Art & Cultural Propertyhttps://justicepartnersgroup.com/journal/the-ninety-day-rule-on-misrepresented-intent/https://justicepartnersgroup.com/journal/the-ninety-day-rule-on-misrepresented-intent/Consular guidance directs officers to presume willful misrepresentation where a nonimmigrant engages in conduct inconsistent with the status held, within ninety days of entry. The presumption reaches unauthorized employment, unauthorized study, and marriage to a citizen or resident coupled with taking up residence. It is rebuttable, it binds consular officers rather than the benefits agency, and it does not create a safe harbor once the ninety days pass.Immigration & Naturalizationhttps://justicepartnersgroup.com/journal/second-requests-and-merger-timing/https://justicepartnersgroup.com/journal/second-requests-and-merger-timing/Where an agency needs more than the initial waiting period, it issues a request for additional information and documentary material before that period expires. The waiting period is then extended until thirty days after both parties substantially comply, or ten days in a cash tender offer. Because the parties control the pace of production, the practical timetable is set by negotiated timing agreements rather than by the statute.Antitrust & Competitionhttps://justicepartnersgroup.com/journal/notarial-services-at-an-american-consulate/https://justicepartnersgroup.com/journal/notarial-services-at-an-american-consulate/Consular officers may administer oaths, take depositions and perform notarial acts having the same force and effect as acts performed by a notary public within the United States. Posts execute acknowledgments and affidavits, certify copies against originals presented to them, and authenticate the seal and signature of a foreign official on a public document. They will not draft or advise on documents, certify the accuracy of a translation, act on an incomplete instrument, or perform marriages.Immigration & Naturalizationhttps://justicepartnersgroup.com/journal/liability-under-the-outer-space-treaty/https://justicepartnersgroup.com/journal/liability-under-the-outer-space-treaty/A launching state is absolutely liable for damage a space object causes on the surface of the Earth or to aircraft in flight, and liable on proof of fault for damage caused elsewhere to another space object. Four categories of state can be launching states for one object and are jointly and severally liable. Claims are presented through diplomatic channels within a year, and an unresolved claim goes to a commission whose award binds only if the parties agreed in advance.Space & Satellite Lawhttps://justicepartnersgroup.com/journal/total-disability-based-on-individual-unemployability/https://justicepartnersgroup.com/journal/total-disability-based-on-individual-unemployability/Under 38 CFR 4.16 a total rating may be assigned where service-connected disabilities prevent substantially gainful occupation and the veteran has one disability rated sixty percent or more, or a combined seventy percent with one rated at least forty. Veterans below those gates may be considered on an extraschedular basis. Marginal employment is not substantially gainful, age and nonservice-connected conditions are excluded.Military Justice & Veterans Appealshttps://justicepartnersgroup.com/journal/private-antitrust-suits-and-standing/https://justicepartnersgroup.com/journal/private-antitrust-suits-and-standing/Any person injured in business or property by an antitrust violation may recover threefold damages, costs and a reasonable attorney's fee. The claimant must show antitrust injury — harm of the type the antitrust laws were meant to prevent, flowing from what makes the conduct unlawful — and must satisfy standing factors concerned with directness and duplicative recovery. Under federal law only direct purchasers may recover an overcharge, though many states permit indirect purchasers to sue.Antitrust & Competitionhttps://justicepartnersgroup.com/journal/registration-of-space-objects/https://justicepartnersgroup.com/journal/registration-of-space-objects/A launching state must maintain a national registry of the space objects it launches and must furnish prescribed particulars to the Secretary-General for entry in the United Nations register. The state of registry retains jurisdiction and control over the object and any personnel aboard it, wherever it is. Where several states qualify as launching states they must jointly determine which will register, and no treaty mechanism transfers registration when an object is sold.Space & Satellite Lawhttps://justicepartnersgroup.com/journal/substantial-transformation-and-origin/https://justicepartnersgroup.com/journal/substantial-transformation-and-origin/For most purposes the origin of an imported article is determined by the substantial transformation test: whether processing in a country produced a new and different article of commerce with a name, character or use distinct from that of the materials it came from. Codified tariff-shift rules in 19 CFR Part 102 govern marking for certain agreement partners and all textile goods, and preferential origin is governed by the rule of origin in the agreement itself.Trade & Customshttps://justicepartnersgroup.com/journal/surface-mining-permits-and-reclamation-bonds/https://justicepartnersgroup.com/journal/surface-mining-permits-and-reclamation-bonds/Surface coal mining requires a permit from the state regulatory authority under an approved program, or from the federal office where none exists. The application carries ownership disclosures, hydrologic analysis and a reclamation plan the regulator must find achievable. A performance bond is set at the cost for a third party to complete that plan, and it is released in phases as backfilling, revegetation and the liability period are successively completed.Mining & Mineral Rightshttps://justicepartnersgroup.com/journal/exclusive-dealing-and-tying/https://justicepartnersgroup.com/journal/exclusive-dealing-and-tying/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.Antitrust & Competitionhttps://justicepartnersgroup.com/journal/artist-moral-rights-under-vara/https://justicepartnersgroup.com/journal/artist-moral-rights-under-vara/Section 106A gives the author of a work of visual art the right to claim authorship, to prevent the use of the author's name on a distorted version, to prevent intentional distortion or mutilation prejudicial to honor or reputation, and to prevent the destruction of a work of recognized stature. The rights belong to the author regardless of who owns the object, cannot be transferred, and may be waived only by a signed writing identifying the work and the uses to which the waiver applies.Art & Cultural Propertyhttps://justicepartnersgroup.com/journal/the-petty-offense-exception/https://justicepartnersgroup.com/journal/the-petty-offense-exception/An applicant otherwise inadmissible for a crime involving moral turpitude falls outside the ground where only one crime was committed, the maximum penalty possible did not exceed imprisonment for one year, and any sentence imposed did not exceed six months regardless of how much was served. It is confined to that ground: it does not reach controlled substance offenses, the multiple conviction ground, or any ground of deportability, and it operates automatically rather than by discretion.Immigration & Naturalizationhttps://justicepartnersgroup.com/journal/discharge-characterization-and-its-consequences/https://justicepartnersgroup.com/journal/discharge-characterization-and-its-consequences/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.Military Justice & Veterans Appealshttps://justicepartnersgroup.com/journal/first-sale-valuation-and-audit/https://justicepartnersgroup.com/journal/first-sale-valuation-and-audit/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.Trade & Customshttps://justicepartnersgroup.com/journal/the-article-32-preliminary-hearing/https://justicepartnersgroup.com/journal/the-article-32-preliminary-hearing/Before charges reach a general court-martial, Article 32 requires a preliminary hearing before an impartial officer, ordinarily a judge advocate. The statute limits the hearing to whether each specification alleges an offense, whether probable cause exists, whether the convening authority has jurisdiction, and what disposition to recommend. The officer produces a written report, and the recommendation in it binds no one.Military Justice & Veterans Appealshttps://justicepartnersgroup.com/journal/criminal-jurisdiction-in-indian-country/https://justicepartnersgroup.com/journal/criminal-jurisdiction-in-indian-country/Criminal authority in Indian country is divided by statute rather than by geography. The General Crimes Act extends federal enclave law there but excludes offenses by one Indian against another. The Major Crimes Act gives federal courts jurisdiction over enumerated felonies by Indian defendants. Tribes retain inherent jurisdiction over Indians and, by congressional restoration, over some non-Indians. States hold authority under Public Law 280 and, over non-Indian offenders, concurrently.Tribal & Indian Lawhttps://justicepartnersgroup.com/journal/imputation-and-ethical-screens/https://justicepartnersgroup.com/journal/imputation-and-ethical-screens/Lawyers associated in a firm are generally treated as one lawyer for conflicts purposes, so a disqualifying interest held by any of them disqualifies all. The model rule creates two escapes: a conflict personal to a lawyer that poses no significant risk to the representation is not imputed, and a firm may keep a matter conflicted by a lateral hire if that lawyer is timely screened, takes no part of the fee, and the former client receives prompt written notice.Legal Ethics & Responsibilityhttps://justicepartnersgroup.com/journal/the-physical-evaluation-board-and-medical-separation/https://justicepartnersgroup.com/journal/the-physical-evaluation-board-and-medical-separation/When a condition may prevent a service member from meeting retention standards, a medical evaluation board documents it and refers the case to a physical evaluation board. The physical evaluation board decides fitness for duty. A member found unfit receives a rating under the schedule in 38 CFR Part 4 for the unfitting conditions only. A rating of thirty percent or more with the required service produces disability retirement; a lower rating produces separation with severance pay.Military Justice & Veterans Appealshttps://justicepartnersgroup.com/journal/antidumping-scope-rulings-and-circumvention/https://justicepartnersgroup.com/journal/antidumping-scope-rulings-and-circumvention/Scope questions under an antidumping or countervailing duty order are decided by the Department of Commerce, which reads the order's language with the petition, the investigation and the determinations of Commerce and the International Trade Commission. Where those sources are not dispositive it applies criteria on physical characteristics, purchaser expectations, use, channels of trade and advertising. Circumvention proceedings extend an order to goods assembled elsewhere or slightly altered.Trade & Customshttps://justicepartnersgroup.com/journal/customs-penalties-and-prior-disclosure/https://justicepartnersgroup.com/journal/customs-penalties-and-prior-disclosure/Section 592 of the Tariff Act penalizes entering or attempting to enter merchandise by means of a material false statement or omission, at three levels of culpability. Maximum penalties run from the domestic value of the merchandise for fraud down to twice the duty loss for negligence. Where a person discloses the circumstances of a violation before, or without knowledge of, the commencement of a formal investigation, the penalty is limited by statute to a far smaller figure.Trade & Customshttps://justicepartnersgroup.com/journal/appellate-review-after-a-court-martial/https://justicepartnersgroup.com/journal/appellate-review-after-a-court-martial/After trial the convening authority takes limited action, the judge enters judgment, and review begins. Sentences including death, a punitive discharge, dismissal or two years or more of confinement go automatically to the service Court of Criminal Appeals with appointed counsel; lesser cases go to the Judge Advocate General. Review then lies to the Court of Appeals for the Armed Forces and, in cases it has reviewed, to the Supreme Court.Military Justice & Veterans Appealshttps://justicepartnersgroup.com/journal/personal-guaranties-in-a-franchise-agreement/https://justicepartnersgroup.com/journal/personal-guaranties-in-a-franchise-agreement/A franchise guaranty is ordinarily a continuing, unconditional, joint and several undertaking by the owners to answer for every obligation of the franchisee entity, with the usual suretyship defenses waived. It does not expire when the outlet closes or when the franchise is sold; release requires an express written instrument. Where a spouse with no ownership interest must sign, federal credit law is implicated, though courts divide on whether a guarantor is protected.Franchise & Distributionhttps://justicepartnersgroup.com/journal/resale-royalties-and-droit-de-suite/https://justicepartnersgroup.com/journal/resale-royalties-and-droit-de-suite/Droit de suite entitles the author of an original work of art to a percentage of the price on later resales handled by art market professionals. The Berne Convention treats the right as optional and conditions it on reciprocity, so an American artist gains nothing abroad while no federal right exists at home. A California statute creating a resale royalty was held preempted by the federal Copyright Act for sales after that Act took effect, leaving private contract as the only mechanism.Art & Cultural Propertyhttps://justicepartnersgroup.com/journal/status-and-unlawful-presence-are-two-clocks/https://justicepartnersgroup.com/journal/status-and-unlawful-presence-are-two-clocks/Lawful status describes a classification a person holds under the immigration laws. Unlawful presence is a counted quantity that triggers a three-year or ten-year bar on admission once the person departs. A person can lose status without accruing unlawful presence, most obviously where admission was for the duration of status, and can accrue no unlawful presence while holding no status at all, as with a properly filed adjustment application or a grant of parole.Immigration & Naturalizationhttps://justicepartnersgroup.com/journal/reading-the-category-code-on-an-ead/https://justicepartnersgroup.com/journal/reading-the-category-code-on-an-ead/Every work permit carries a category code citing a subparagraph of the regulation that lists the classes authorized to accept employment. Codes in the (a) family denote authorization incident to a status; the (b) family denotes authorization tied to one employer; the (c) family denotes classes that must apply and hold authorization only while the underlying case lasts. The code, not the date, governs renewal and what survives.Immigration & Naturalizationhttps://justicepartnersgroup.com/journal/fee-to-trust-acquisitions/https://justicepartnersgroup.com/journal/fee-to-trust-acquisitions/The Secretary of the Interior may acquire land in trust for a tribe or an individual Indian under the Indian Reorganization Act and other statutes, following the land acquisition regulations. The criteria differ for on-reservation and off-reservation parcels, and off-reservation applications draw greater scrutiny as distance from the reservation grows. Local governments receive notice and may comment on tax and jurisdictional effects, and an adverse decision may be appealed.Tribal & Indian Lawhttps://justicepartnersgroup.com/journal/the-duty-to-assist-and-its-limits/https://justicepartnersgroup.com/journal/the-duty-to-assist-and-its-limits/Under 38 U.S.C. 5103A the agency must make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate a claim. Federal records are pursued until obtained or shown not to exist; private records require the claimant's authorization; a medical examination or opinion is provided when a low evidentiary threshold is met. The duty does not extend to claims with no reasonable possibility of substantiation, and it does not apply at every stage of the review system.Military Justice & Veterans Appealshttps://justicepartnersgroup.com/journal/launch-and-reentry-licensing/https://justicepartnersgroup.com/journal/launch-and-reentry-licensing/No person may launch a launch vehicle or reenter a reentry vehicle from United States territory, and no United States citizen may do so anywhere, without an FAA license or permit. A vehicle operator license issues only after policy, payload, safety, environmental and maximum probable loss determinations are complete. The licensee must then carry liability insurance in the amount the agency calculates and must sign reciprocal waivers of claims.Space & Satellite Lawhttps://justicepartnersgroup.com/journal/space-resources-and-non-appropriation/https://justicepartnersgroup.com/journal/space-resources-and-non-appropriation/The Outer Space Treaty bars national appropriation of outer space and celestial bodies by claim of sovereignty, by use or occupation, or by any other means, while guaranteeing free exploration and use by all states. Domestic statutes in several countries grant their nationals property rights in resources they recover, while disclaiming sovereignty over any celestial body. No treaty provision addresses extraction directly, and no international regime governs it.Space & Satellite Lawhttps://justicepartnersgroup.com/journal/dividing-a-fee-between-firms/https://justicepartnersgroup.com/journal/dividing-a-fee-between-firms/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.Legal Ethics & Responsibilityhttps://justicepartnersgroup.com/journal/locating-an-unpatented-mining-claim/https://justicepartnersgroup.com/journal/locating-an-unpatented-mining-claim/A mining claim is created by discovering a valuable mineral deposit on land open to location, marking the boundaries so they can be readily traced, and recording the notice of location both under state law and with the Bureau of Land Management. No agency approves the location. The claim conveys a possessory right to the minerals and to surface use reasonably incident to mining, and it remains valid only while the discovery holds.Mining & Mineral Rightshttps://justicepartnersgroup.com/journal/withdrawing-from-a-representation/https://justicepartnersgroup.com/journal/withdrawing-from-a-representation/A lawyer must withdraw where continuing would violate the rules or other law, where the lawyer's condition materially impairs the representation, or where the lawyer is discharged. A lawyer may withdraw where it causes no material adverse effect on the client, or on one of several enumerated grounds including repugnant client conduct and non-payment after warning. Where a tribunal is involved its permission controls, and protective steps are owed in every case.Legal Ethics & Responsibilityhttps://justicepartnersgroup.com/journal/territory-rights-and-encroachment/https://justicepartnersgroup.com/journal/territory-rights-and-encroachment/A franchise territory is defined by the grant clause and narrowed by the reservations that follow it. Exclusivity is usually limited to the placement of another outlet of the same brand within a described area, while the franchisor reserves alternative channels, non-traditional venues, national accounts and the right to operate acquired systems. Encroachment claims therefore rest on the implied covenant, on state relationship statutes, or on statements contradicting the disclosure document.Franchise & Distributionhttps://justicepartnersgroup.com/journal/confidentiality-is-wider-than-privilege/https://justicepartnersgroup.com/journal/confidentiality-is-wider-than-privilege/The duty of confidentiality bars a lawyer from revealing information relating to the representation of a client, whatever its source, unless the client gives informed consent, disclosure is impliedly authorized, or an exception applies. The attorney-client privilege is a rule of evidence protecting confidential communications made for the purpose of obtaining legal advice, and it operates only to resist compelled disclosure. The ethical duty is broader in scope and narrower in force.Legal Ethics & Responsibility