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      All reports — page 4

      The full archive in alphabetical order, across every desk.

      Probate & Estate Law

      Cremation Authorization and Disputes Between Relatives

      State statutes set an order of priority for the right to control disposition, and a crematory will not proceed without a signed authorization from the highest-ranking available person. Disagreement within a class typically halts the process until it is resolved by agreement or by a court.

      5 min readState rule

      Criminal Records & Expungement Law

      Criminal History in Rental Housing Screening

      Fair housing law reaches criminal history screening through disparate impact: a blanket exclusion must be justified by a substantial, legitimate interest and be no broader than necessary. Arrest records without conviction are generally unreliable grounds, and consumer reporting rules apply to tenant screening reports.

      5 min readFederal and state

      Immigration & Border Law

      D Crewmember Visas and the Limits of Shore Leave

      The crewmember classification covers those serving aboard a vessel or aircraft in a capacity required for normal operation. Admission is by conditional landing permit for a short period, work ashore is restricted, and the classification triggers a statutory bar on adjusting status inside the country.

      5 min readFederal rule

      Immigration & Border Law

      Deferred Action Requests Outside the DACA Program

      Deferred action is an exercise of prosecutorial discretion in which the government decides not to pursue removal against a particular person for a period, without conferring status or any right to remain. Requests are made to the enforcement or benefits component with jurisdiction over the person, decided on the equities, and can be terminated at any time; a grant may support a separate application for employment authorization.

      6 min readFederal rule

      Immigration & Border Law

      Denaturalization: When Citizenship Is Revoked

      Citizenship acquired by naturalization may be revoked where it was illegally procured or procured by concealment of a material fact or willful misrepresentation. Revocation ordinarily proceeds by civil action in federal district court, requires clear and convincing evidence, and can extend to derivative family members whose status flowed from the naturalized person.

      5 min readFederal rule

      Utilities & Telecom Law

      Deposits, Deferred Payment Plans and Arrears

      State service regulations limit the deposit a utility may require, cap it by reference to estimated usage, and require it to be refunded with interest after a period of prompt payment. They also compel the utility to offer deferred payment arrangements on arrears and impose seasonal, medical and notice protections before disconnection.

      5 min readState rule

      Utilities & Telecom Law

      Disputing a Utility Bill and a Meter Reading

      State service rules give customers a right to dispute a bill, require the utility to investigate, and generally suspend disconnection for the disputed portion while the investigation runs. A meter test can be demanded, backbilling for undercharges is limited by rule, and unresolved disputes proceed to the commission.

      5 min readState rule

      Construction & Permitting Law

      Encroachments, Party Walls and Shared Structures

      Encroachments are resolved through agreement, removal or legal doctrines that can move the effective boundary. Party walls are governed by agreement or by law depending on the state. Long-standing intrusions can mature into adverse possession or a prescriptive easement, which is why ignoring one is not a neutral choice.

      5 min readState rule

      Criminal Records & Expungement Law

      Expired Cases That Keep Reappearing in Private Databases

      Background screening companies bulk-copy court records, so sealed and dismissed cases persist in commercial databases after the court file changes. Federal consumer reporting law imposes accuracy duties, reporting time limits for non-convictions, and a dispute process that puts the burden on the reporting company to reinvestigate.

      6 min readFederal and state

      Criminal Records & Expungement Law

      Federal Pardons and Commutations

      Federal pardons and commutations are granted under the constitutional clemency power, administered through published regulations and the Office of the Pardon Attorney. Pardon petitions require five years since release, commutation is for those still serving, and there is no federal expungement route for ordinary convictions.

      5 min readFederal rule