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      All reports — page 9

      The full archive in alphabetical order, across every desk.

      Immigration & Border Law

      Registry Under Section 249 for Very Long Residents

      Section 249 permits the creation of a record of lawful admission for permanent residence for a person who entered the United States before a date fixed in the statute, has resided here continuously since, is of good moral character, and is not inadmissible on specified grounds. The relief is discretionary, is available both to the benefits agency and to an immigration judge, and does not depend on any petitioner.

      5 min readFederal rule

      Aviation & Airspace Law

      Remote Identification: What a Drone Must Broadcast

      Nearly every drone requiring registration must broadcast remote identification, either from the aircraft as built, from an add-on module, or by flying only at a recognized identification area. The broadcast carries identity, aircraft position and control station position, and it is receivable by anyone with a phone.

      4 min readFederal rule

      Professional Licensing Law

      Renewing a Lapsed or Expired License

      The route back from an expired license depends on how long it has been inactive: a grace period allows ordinary renewal with a penalty, reinstatement adds conditions, and beyond a statutory threshold the holder must reapply as a new candidate. Practice during the lapse is unlicensed practice regardless of the reason.

      5 min readState rule

      Maritime & Waterfront Law

      Required Safety Equipment and the Boarding Inspection

      Federal regulations set carriage requirements for life jackets, visual distress signals, fire extinguishers, sound-producing devices and ventilation, scaled by vessel length. A boarding checks documentation and equipment, and an officer who finds an especially hazardous condition can order the voyage terminated on the spot.

      6 min readFederal rule

      Criminal Records & Expungement Law

      Restoring the Right to Vote After a Conviction

      Felony disenfranchisement is entirely state law and varies from no loss at all to loss requiring executive restoration. Restoration may be automatic on release or on completion of supervision, or may require an application. Financial obligations are a condition in several states, and confirming registration afterwards is essential.

      5 min readState rule

      Construction & Permitting Law

      Retainage and the Fight Over Final Payment

      Retainage is a percentage withheld from each payment until completion. Most states cap the percentage and set release deadlines through prompt payment statutes, with interest and fee-shifting for late release. Substantial completion, not perfection, is usually the trigger, and the punch list is what defines the remainder.

      5 min readState rule

      Maritime & Waterfront Law

      Riparian and Littoral Rights on Waterfront Property

      Riparian rights attach to land abutting flowing water and littoral rights to land abutting lakes and tidal water. They typically include access, the right to wharf out subject to permitting, and rights in accretion — and they are usufructuary, meaning they are rights of use appurtenant to the land rather than ownership of the water.

      5 min readState rule

      Professional Licensing Law

      Scope of Practice Disputes Between Professions

      Scope of practice is defined by state practice acts and board rules, so the same task may be lawful for a given profession in one state and unlawful in the next. Disputes are resolved through board rulemaking, opinions of the state attorney general, legislation and litigation, with federal antitrust law constraining boards controlled by active market participants.

      5 min readState rule

      Construction & Permitting Law

      Selling a House That Has Unpermitted Work

      Unpermitted work is discovered through appraisals, permit history searches and inspections. Most states require disclosure of known material defects, and concealment carries the worst consequences. The realistic routes are retroactive permitting, restoration, a price adjustment, or selling with full disclosure to a buyer who accepts it.

      4 min readState rule

      Immigration & Border Law

      Significant Public Benefit Parole and Law Enforcement Requests

      Parole under the immigration statute permits temporary presence for urgent humanitarian reasons or significant public benefit without constituting an admission. The significant public benefit branch is used largely on the request of law enforcement and prosecuting agencies, and it is granted, conditioned and revoked as a matter of discretion.

      5 min readFederal rule