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    All articles — page 5

    The full library in alphabetical order, across every area of law.

    Pharmacy & Controlled Substances

    Inspections, Show Cause Hearings and Surrendering a Registration

    An administrative inspection begins with a notice of inspection and a decision whether to consent; without consent a warrant is generally required, subject to stated exceptions. An order to show cause opens a case to deny, suspend or revoke a registration and must allow at least thirty days before appearance, with a hearing request and answer due in that period. Where imminent danger is found, the registration may be suspended immediately.

    7 min readFederal law

    Adoption & Reproduction

    Involuntary Termination and the Clear and Convincing Standard

    Due process requires at least clear and convincing evidence before a state may sever parental rights, and every state applies that floor or a higher one. Hearings proceed in stages: adjudication of a statutory ground, then a disposition inquiry into the child's interests. Federal funding conditions require reasonable efforts toward reunification and a termination petition once a child has been in care for a defined period. A higher standard applies to an Indian child.

    6 min readState law

    Removal Defense

    Joint Motions and Getting the Government to Agree

    The time and numerical limits on motions to reopen before the Board do not apply to a motion agreed upon by all parties and jointly filed, and the parties remain free to contest the issues once proceedings are reopened. The equivalent regulation before the immigration judge contains no joint-motion exception, so a late motion there depends on the judge's own authority to reopen. Agreement is discretionary on the government's side and is never guaranteed.

    6 min readFederal law

    Product Safety & Recalls

    Lead Limits, Small Parts and Age Grading

    Accessible component parts of children's products may not contain more than one hundred parts per million total lead content by weight, and paint or similar surface coating on children's products or furniture may not exceed a far lower limit. Toys and other articles intended for children under three must not fit entirely within a specified cylinder, before or after use and abuse testing. Which requirements apply turns on the age grading of the product.

    6 min readFederal law

    HOAs & Condominiums

    Leasing Caps and Owners Who Bought Before Them

    Rental restrictions are usually adopted by amendment to the declaration. Statutes in several states provide that an owner is not subject to a leasing prohibition or restriction unless the provision was effective before the owner acquired title, or the owner consented. Narrow carve-outs allow associations to regulate short-term rentals and limit the number of rentals per year for everyone. Statutes elsewhere impose a floor on how restrictive a cap may be.

    6 min readState law

    Rail & Transit

    Liability After a Grade Crossing Collision

    A crossing case is built from separate duties. The railroad answers for train operation, sight lines on its right of way and the maintenance of any active warning system. The road authority answers for the roadway approach and the signs it owns. The driver owes a duty to look and listen. Federal law displaces some theories outright, and a federal evidence statute bars using state crossing surveys and hazard reports against the agency that compiled them.

    7 min readFederal and state

    Hospitality & Lodging

    Liability Limits for Property Left in a Room

    Every state has replaced the common law innkeeper's near-strict liability for guest property with a statutory cap. The cap typically applies only where the establishment provided a safe or safekeeping facility and posted the statutory notice where guests can see it. Amounts are low and are often split into per-item and aggregate limits. Property accepted for safekeeping usually attracts a separate, higher limit and a receipt requirement. Negligence and refusal of deposit can defeat the cap.

    6 min readState law

    Guardianship

    Limited Guardianship and Tailoring the Order

    Statutes increasingly require the court to grant only the powers the evidence supports and to state the rights the adult retains. Narrowing can be done by subject, by transaction, by dollar threshold or by duration. Statutes drawn from the uniform act also allow a protective arrangement that authorizes a single transaction without appointing a fiduciary. The order and the resulting letters are what institutions read, so imprecise drafting defeats the limitation in practice.

    6 min readState law

    Adoption & Reproduction

    Moving a Child Across State Lines for Placement

    The compact on the placement of children is adopted as state law and governs placement in foster care or preliminary to adoption across state lines. The sending agency gives written notice with prescribed contents to the receiving state's compact authorities, which may request more information and must respond in writing. The child may not be sent until that written approval arrives. Sending a child early is a violation in both states and can support license revocation.

    6 min readFederal and state

    Funeral & Cemetery

    Natural Burial and Newer Authorized Methods

    State law authorizes disposition methods by name. Conventional burial and cremation are available everywhere; alkaline hydrolysis and natural organic reduction exist only where a statute defines the process and licenses the facility. Natural burial is not a separate legal method but a set of cemetery rules on chemicals, containers and vaults. What each produces differs, and the destination rules that follow depend on how the statute classifies the output.

    6 min readState law

    Hospitality & Lodging

    Night Caps and Primary Residence Rules for Short Lets

    Municipal short-term rental schemes typically combine a registration requirement with two substantive limits: a cap on unhosted nights per calendar year, and a primary residence condition proved by a minimum number of days of occupancy. Hosted stays are often uncapped. Some cities restrict short lets to the host's presence entirely and limit paying guests per stay. Enforcement runs through registration numbers in listings and platform obligations rather than through inspection.

    6 min readState law

    Hospitality & Lodging

    Overbooking and Being Walked to Another Property

    A confirmed lodging reservation is a contract, and failing to supply the room is a breach whose ordinary measure is the additional cost of comparable accommodation plus reasonably foreseeable expenses. There is no lodging equivalent of the federal oversales rule that governs denied boarding on airlines. Brand standards typically direct that a walked guest be placed in a comparable property at the operator's cost, with transport and a call home, and remaining nights honored on return.

    6 min readState law