Federal Statutes

Statute Guides and analysis for Federal.

When does the forum defendant rule bar removal under 28 U.S.C. § 1441?

Understand the forum defendant rule under 28 U.S.C. § 1441(b)(2), including its application in diversity cases and the snap removal controversy.

When do copyrighted works enter the public domain by default?

Explore the statutory timelines for copyright expiration under 17 U.S.C. § 302, including the life plus 70 rule and the January 1st public domain transition.

Federal statute on employers administering polygraphs to employees

Learn about the Employee Polygraph Protection Act (EPPA), the federal law regulating when private employers can administer polygraph tests to employees.

What is the statute of limitations for a federal notice of claim?

Learn about the statute of limitations for filing an administrative notice of claim under the Federal Tort Claims Act (FTCA) and other federal civil actions.

What statutes provide confidentiality protection to education records?

Learn about federal statutes like FERPA, PPRA, and IDEA that protect the confidentiality and privacy of student education records.

Who can sign a joint tax return for a decedent?

Learn who has the legal authority to sign and file a joint tax return for a deceased spouse under 26 U.S.C. § 6013 and IRS regulations.

What is the statute of limitations for civil RICO?

Learn about the four-year statute of limitations for civil RICO claims under 18 U.S.C. § 1962(a) and the discovery rule for accrual.

What are the statutes for the U visa and the T visa?

Overview of 8 U.S.C. § 1101(a)(15)(U) and (T), covering eligibility requirements for U and T nonimmigrant visas for crime and trafficking victims.

What is the means test in Chapter 13?

Learn how the Chapter 13 means test determines disposable income, plan duration, and payments to unsecured creditors under the Bankruptcy Code.

When does a federal court have subject matter jurisdiction?

Learn when federal courts have subject matter jurisdiction, including federal question jurisdiction under 28 U.S.C. § 1331 and diversity jurisdiction under § 1332.

Is marijuana federally decriminalized?

No, marijuana is not federally decriminalized. It remains a controlled substance under the CSA, though rescheduling efforts are underway. Learn about the legal distinctions.

Do back taxes block a K-1 visa application?

Owing back taxes does not automatically block a K-1 visa, but it can trigger public charge concerns under INA § 212(a)(4).

Do depreciation losses carry forward? Active losses?

Analysis of whether depreciation losses and active business losses carry forward, covering NOL rules under 26 U.S.C. § 172 and passive activity loss limitations under § 469.

For VAWA cancellation of removal, must the abuse have occurred within the 3-year period?

Learn whether the abuse must have occurred within the 3-year period before filing for VAWA cancellation of removal under 8 U.S.C. § 1229b(b)(2).

Are forced reset triggers illegal?

Analysis of the legality of forced reset triggers (FRTs) under federal law, ATF classifications, and the impact of Garland v. Cargill.

What alleged conduct would a person have committed to be named as a defendant in a RICO lawsuit?

Learn about the conduct required to name a defendant in a civil RICO lawsuit, including racketeering predicates, enterprise participation, and pattern requirements.

Will recipients of a POD account receive adverse tax implications?

Review the federal tax implications for recipients of a payable-on-death (POD) account, including income tax exclusions, IRD, and state inheritance taxes.

Can you buy a gun in Michigan after a felony conviction is expunged?

Overview of federal and Michigan laws regarding firearm possession after a felony conviction is expunged or set aside, including 18 U.S.C. § 921(a)(20).

Broadest legal definition of intangible business assets and owner human capital

Explore the legal definition of intangible business assets, including owner human capital, personal vs. enterprise goodwill, and federal tax treatment under 26 U.S.C. § 197.

Habeas remedies under 8 USC 1226(a) after denied custody redetermination

Remedies for challenging discretionary detention under 8 U.S.C. § 1226(a) after an immigration judge denies custody redetermination, including BIA appeals and § 2241 habeas petitions.

What are the cites for the Oil Pollution Act?

Find the official Bluebook citations for the Oil Pollution Act of 1990, including key provisions for liability, defenses, and natural-resource damages under 33 U.S.C. §§ 2701–2762.

What is a binding written offer?

Understand what constitutes a binding written offer, including the requirements for a UCC firm offer under § 2-205 and common law option contracts.

Does the GI bill expire for veterans?

Overview of GI Bill expiration rules for veterans, including the Forever GI Bill and 15-year limit under 38 U.S.C. § 3321.

Is student loan debt now dischargeable in bankruptcy?

Overview of discharging student loan debt in bankruptcy, including the undue hardship standard, Brunner test, and 2022 DOJ guidance under 11 U.S.C. § 523(a)(8).

Legal authority for federal courts hearing habeas petitions for immigration detention

Review the statutory and Supreme Court authority permitting federal courts to hear habeas petitions challenging immigration detention under 28 U.S.C. § 2241.