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Liberty Law

      Areas of law

      This library

      Liberty Law Library — Plain-language reference for ten areas of American law

      Investor Immigration

      The Economic Methodology Behind an Indirect Job Count

      Nobody counts an indirect job. A model converts money spent into employment implied, and the credibility of the result rests entirely on inputs a reader can check, industry codes a reader can question, and assumptions a reader is rarely shown.

      6 min readFederal law

      A desk with a printed spreadsheet of figures, a calculator, a pencil and a laptop showing a line chart.
      Sanctions & Export Control

      Which Agency Controls a Product

      Defense articles and defense services described on the United States Munitions List at 22 CFR 121.1 are controlled under the International Traffic in Arms Regulations, administered under authority of 22 U.S.C. 2778. Items not described there may be subject to the Export Administration Regulations at 15 CFR 730 to 774. The order of review in 22 CFR 120.11 directs a reader to the munitions list first, and a commodity jurisdiction request resolves genuine doubt.

      6 min readFederal law

      Historic Preservation

      Listing on the National Register: Criteria and Process

      Under 36 CFR 60.4 a district, site, building, structure or object qualifies for the National Register if it possesses integrity and meets one of four criteria: association with significant events, association with significant persons, distinctive design or construction, or the capacity to yield important information. Nominations travel through the State Historic Preservation Officer and a state review board to the Keeper, and 36 CFR 60.6 gives a private owner an objection that blocks listing.

      6 min readFederal and state

      Whistleblower Law

      Filing a Qui Tam Complaint Under Seal

      Under 31 U.S.C. 3730(b) a private relator may sue in the name of the United States. The complaint is filed in camera, remains under seal for at least sixty days, and is not served on the defendant until the court orders it. A copy of the complaint and a written disclosure of substantially all material evidence and information the relator possesses must be served on the government. The United States is the real party in interest throughout.

      6 min readFederal law

      Investor Immigration

      Residence and status obtained by putting money or a business behind the application.

      All articles

      The Economic Methodology Behind an Indirect Job Count

      Nobody counts an indirect job. A model converts money spent into employment implied, and the credibility of the result rests entirely on inputs a reader can check, industry codes a reader can question, and assumptions a reader is rarely shown.

      6 min readFederal law

      Whistleblower Law

      Reporting fraud against the government or the markets, and the protection that follows.

      All articles
      Whistleblower Law

      Filing a Qui Tam Complaint Under Seal

      Under 31 U.S.C. 3730(b) a private relator may sue in the name of the United States. The complaint is filed in camera, remains under seal for at least sixty days, and is not served on the defendant until the court orders it. A copy of the complaint and a written disclosure of substantially all material evidence and information the relator possesses must be served on the government. The United States is the real party in interest throughout.

      6 min readFederal law

      Whistleblower Law

      Employment Agreements That Try to Bar Whistleblowing

      Rule 21F-17 provides that no person may take any action to impede an individual from communicating directly with Commission staff about a possible securities law violation, including by enforcing or threatening to enforce a confidentiality agreement. The commodities rules contain a parallel prohibition. Section 3730(h) separately entitles an employee, contractor or agent who suffers retaliation to reinstatement, double back pay with interest and special damages.

      6 min readFederal law

      Whistleblower Law

      The Seal Period, Extensions and What May Not Be Said

      Section 3730(b)(3) allows the government to move for extensions of the sixty-day seal for good cause, and those motions are made in camera. The seal binds the relator as well as the government: the existence of the action, its contents and the identity of the defendant are not to be disclosed. Breaking the seal does not automatically end the case, and courts weigh the harm to the government, the severity of the violation and evidence of bad faith.

      6 min readFederal law

      Sanctions & Export Control

      Who may not be dealt with, what may not be shipped, and the licenses that make exceptions.

      All articles
      A machined metal bracket on a bench next to a caliper and a printed technical drawing showing dimensioned views.
      The same part can belong to either regime depending on what it was made for.

      Historic Preservation

      What triggers review of a change to an old building, and what the review can require.

      All articles

      Listing on the National Register: Criteria and Process

      A property qualifies by meeting one of four criteria and by still looking enough like itself to convey why it matters. The paperwork travels a fixed route from the preparer to a state officer to a review board to the Keeper.

      6 min readFederal and state

      Drug & Device Regulation

      How a medical product reaches the market and what its maker owes afterwards.

      All articles
      Drug & Device Regulation

      Premarket Notification Compared With Premarket Approval

      Premarket notification under 21 U.S.C. 360(k) asks whether a device is substantially equivalent to a legally marketed predicate, meaning the same intended use and either the same technological characteristics or different ones raising no different questions of safety and effectiveness. Premarket approval under 21 U.S.C. 360e asks whether valid scientific evidence provides reasonable assurance of safety and effectiveness.

      6 min readFederal law

      Drug & Device Regulation

      Review Board Oversight and Informed Consent Documents

      Under 21 CFR Part 56 a clinical investigation may not begin until an institutional review board has approved it, applying the criteria in 56.111 covering minimized risk, favorable risk-benefit balance, equitable subject selection, informed consent, data monitoring, privacy and safeguards for vulnerable subjects. Part 50 governs consent: 50.20 sets general conditions, 50.25 lists the required elements, and 50.27 requires a signed document.

      6 min readFederal law

      Drug & Device Regulation

      Labeling: Required Content, Format and Changes

      Labeling under 21 U.S.C. 321(m) includes all written, printed or graphic matter on an article, its containers or wrappers, or accompanying it. A product is misbranded under 21 U.S.C. 352 where its labeling is false or misleading in any particular. Prescription labeling follows 21 CFR 201.56 and 201.57, over-the-counter labeling follows 201.66, and changes are made through the supplement categories in 21 CFR 314.70.

      6 min readFederal law

      International Family Law

      Children and marriages that cross borders, and the courts that end up deciding.

      All articles
      An empty airport departure hall at night with rows of seats, a lit information board and one small suitcase.
      A return proceeding is about which country a case belongs in, not about who packed the suitcase.

      Cross-Border Litigation

      Reaching a party abroad, getting evidence there, and enforcing what a court decides.

      All articles

      Suing a Foreign State: Immunity as the Default

      A foreign government is immune from suit in United States courts unless a statutory exception applies. The statute is the sole route to jurisdiction, which makes the first question of every such case the same one: which exception is being invoked.

      6 min readTreaty and international

      Evidence & Proof

      What a court will look at, who must prove what, and how a document becomes admissible.

      All articles
      Evidence & Proof

      Lay Opinion and the Line Against Expert Testimony

      Federal Rule of Evidence 701 permits a witness not testifying as an expert to give an opinion that is rationally based on the witness's own perception, helpful to clearly understanding the testimony or determining a fact in issue, and not based on scientific, technical or other specialized knowledge within the scope of Rule 702. Rule 602 separately requires personal knowledge, and the two provisions together mark the boundary against expert opinion in ordinary clothing.

      6 min readFederal and state

      Evidence & Proof

      Exceptions That Require the Declarant to Be Unavailable

      Federal Rule of Evidence 804 makes certain hearsay admissible only once the declarant is shown to be unavailable. Rule 804(a) defines unavailability through five grounds: privilege, refusal despite an order, lack of memory, death or infirmity, and absence the proponent could not overcome. Rule 804(b) then admits former testimony, statements made under a belief of imminent death, statements against interest, statements of family history, and statements against a party that caused the absence.

      6 min readFederal and state

      Evidence & Proof

      Character Evidence and Its Exceptions

      Federal Rule of Evidence 404(a) prohibits evidence of a person's character or character trait offered to prove that the person acted in accordance with it on a particular occasion. Rule 404(b) permits evidence of other crimes, wrongs or acts when offered for a purpose other than propensity, such as motive, intent, knowledge, identity or absence of mistake. Rule 405 controls the permitted methods of proof, and Rule 406 treats habit and routine practice as outside the prohibition entirely.

      5 min readFederal and state

      Appellate Practice

      Getting a decision reviewed — what was preserved, what standard applies, and what the court may do.

      All articles
      A stack of bound transcript volumes with numbered spines beside a box of labeled exhibit envelopes.
      What the court of appeals sees was decided months before anyone wrote a brief.

      Alcohol Beverage Law

      A licensed trade with its own three-tier structure and a long list of things a seller may not do.

      All articles

      Direct Shipping to Consumers Across State Lines

      A producer shipping to a household is bypassing two tiers of a system that was built to prevent exactly that. States that allow it do so on conditions, and the conditions are where nearly all of the compliance work actually sits.

      6 min readFederal and state