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      All reports — page 8

      The full archive in alphabetical order, across every desk.

      Aviation & Airspace Law

      Pilot Medical Certificates and the BasicMed Alternative

      Medical certification comes in three classes tied to the privileges exercised, with validity periods that shorten with age. BasicMed offers an alternative for many private operations, but it is unavailable to anyone who has never held a medical certificate or whose most recent one was withdrawn.

      5 min readFederal rule

      Election & Public Records Law

      Poll Watchers and Election Observers: What Access Means

      Poll watching is authorized by state statute, requires credentials from a party, candidate or organization, and permits observation from designated positions. Observers may generally raise issues with the presiding official and record challenges, and may not interact with voters, handle materials or interfere with the process.

      6 min readState rule

      Construction & Permitting Law

      Preliminary Notices and Who Has to Send One

      Preliminary notices preserve the right to claim a mechanic's lien later. They are served early in a project by parties without a direct contract with the owner, on deadlines measured from first furnishing. Missing the deadline usually destroys the lien right, and receiving one tells an owner exactly who can claim against the property.

      5 min readState rule

      Immigration & Border Law

      Premium Processing and Expedite Requests: What Actually Moves a Case

      Premium processing is a paid service available on designated form types and classifications under which the agency commits to take an action within a stated period or refund the fee. An expedite request is free, discretionary, available on most filings, and assessed against published criteria including severe financial loss, emergencies, humanitarian reasons and government interests.

      5 min readFederal rule

      Probate & Estate Law

      Prepaid Funeral Plans and What Happens if the Home Closes

      Prepaid funeral arrangements are funded either through a state-regulated trust or through an assigned insurance policy, and the two behave very differently if the provider fails. State law governs how much of the payment must be held in trust and whether the contract guarantees prices.

      6 min readFederal and state

      Election & Public Records Law

      Provisional Ballots and When They Are Counted

      Federal law guarantees a provisional ballot to any voter whose eligibility is questioned at the polls. Whether it counts depends on the reason it was issued, on state rules about wrong-precinct voting, and on whether the voter cures an identification or signature problem within the state's deadline.

      6 min readFederal and state

      Maritime & Waterfront Law

      Public Access to Beaches, Rivers and Lakes

      Public access rights come from the public trust doctrine, from navigability for title purposes, and from state-specific doctrines such as customary use and prescriptive access. The boundary between public and private is commonly a tidal datum or an ordinary high water mark, and it varies more between states than almost any other property question.

      6 min readState rule

      Election & Public Records Law

      Recording Police and Public Officials

      Courts in most circuits recognize a right to record police performing duties in public, subject to reasonable time, place and manner restrictions. Two-party consent wiretap statutes generally do not reach open recording of public conduct, but they can reach surreptitious audio. Interference and obstruction charges remain the practical risk.

      6 min readFederal and state

      Aviation & Airspace Law

      Recreational Drone Flying and the Safety Test

      Recreational flying is permitted under a statutory exception that requires purely personal purpose, adherence to a recognized organization's safety guidelines, a passed safety test carried in the field, registration, and airspace authorization. Failing any condition moves the flight under Part 107.

      5 min readFederal rule

      Aviation & Airspace Law

      Registering and Titling an Aircraft

      Aircraft ownership is recorded federally rather than by any state. Registration establishes the aircraft's nationality and identification mark, recording establishes priority between claims, and a title search before closing is the only reliable protection against an undisclosed lien.

      5 min readFederal rule