B-Man Posted July 3, 2013 Share Posted July 3, 2013 Can the president simply ignore the law? Technically the mandate is not gone, but the administration has great latitude to determine its priorities in enforcing the law. It will simply be much too busy to penalize those violating the mandate, an executive power grab that is familiar from their playbook on education, climate change, and elsewhere. White House Violates Law with Obamacare Delay Obama administration officials are illegally delaying enforcement of a central provision in the president’s namesake legislation in a desperate attempt to manipulate the 2014 midterm elections and swell the ranks of those who look to government for healthcare. The White House is beginning to sense that when Americans realize the price of “free” healthcare, they’re likely to take swift vengeance on those responsible. Section 1513 of the Affordable Care Act (ACA, better known as Obamacare) requires all large employers to provide health insurance for their employees. “Large employers” are those with at least 50 full-time employees, and “full-time” is defined as averaging 30 or more hours per week. Section 1513’s “Employer Mandate” is one of five parts of the ACA that are absolutely essential for this government-run system to work, with the most well-known of those five being the infamous “Individual Mandate” upheld by the Supreme Court as a tax by a controversial 5-4 decision in 2012. And the Employer Mandate is mandatory. The law Congress wrote explicitly commands that this provision takes effect in January 2014. The ACA does not permit the government to grant a reprieve or an extension. Yet in a blatantly illegal move, the Obama administration is presuming to rewrite the ACA by choosing not to enforce provisions that are causing visible problems. The IRS—which is tasked with enforcing the Employer Mandate—will simply not enforce it until 2015. Every large employer in the country is under the mandate. If they don’t comply, then they are breaking federal law. But the IRS not enforcing Section 1513 is like a policeman who patrols a stretch of road who says for the next year, he won’t issue any speeding tickets. He has no authority to suspend the law, but if he chooses to violate his duty by failing to enforce the law, then to all the motorists on the road it’s as if the law does not exist. http://www.breitbart.com/Big-Government/2013/07/02/White-House-Illegally-Delays-Employer-Mandate-to-Avoid-2014-Election-Disaster-and-Grow-Government-Run-Exchanges Far-Reaching Implications of Obamacare Delay of Employer Mandate FTA: Furthermore, it is highly doubtful that the Obama administration has the unilateral authority to nullify a Congressional statute: The Affordable Care Act is quite clear as to the effective date of the employer mandate. “The amendments made by this section shall apply to months beginning after December 31, 2013,” concludes Section 1513. The executive branch is charged with enforcing the law, and it can of course choose not to enforce the law if it wants. But people can sue the federal government, and a judge could theoretically force the administration to enforce the mandate. So the question is: Would anyone sue the Obama administration over this? Employers, of course, will be thrilled to be spared the mandate for one more year. Democratic politicians, similarly, will be glad to have this not hanging over their heads for the 2014 mid-term election. The wild-card is left-wing activists. Most, you’d think, would defer to the administration on questions of implementation. I’m no lawyer, but it seems to me that all it would take is for one judge to issue an injunction, for an activist to require the administration to enforce the mandate. . Link to comment Share on other sites More sharing options...
Nanker Posted July 3, 2013 Share Posted July 3, 2013 Methinks they'd never be able to pass legislation in either house that would legally delay its implementation - unless it was a permanent delay. Every !@#$er that voted for this should be voted out of office. It's the height of feckless cowardice that BO is pushing this off for a year. If we lived in another country we would go to his house and stone him to death. Stone him and his family to death. [/alecbaldwinimpersonation] Link to comment Share on other sites More sharing options...
B-Man Posted July 3, 2013 Share Posted July 3, 2013 Heh............... You know who really feels stupid right now? All those people who bribed the White House for Obamacare waivers. Suckers! Seven reasons Obamacare’s employer mandate delay is a huge deal By Jennifer Rubin UPDATE: The inequity is great here. A big employer could potentially drop insurance, sending the employee out to pay more for his coverage or face a fine. The law for the little guy will become his worst nightmare. Pressure may therefore build to delay the individual mandate so as to alleviate this problem. Meanwhile Senate Minority Leader Mitch McConnell (Ky.) is quick off the draw with a statement: “Obamacare costs too much and it isn’t working the way the administration promised. And while the White House seems to slowly be admitting what Americans already know, and what I hear consistently in my travels around Kentucky regarding the regulatory burden on employers, the fact remains that Obamacare needs to be repealed and replaced with common-sense reforms that actually lower costs for Americans.” You can almost visualize his Cheshire cat grin. House Majority Leader Eric Cantor (Virg.) adds: “Rather than continuing to delay the predictable pain until another election day has passed, we should scrap this entire law and instead implement patient-centered reforms before any more damage is done to our economy or the health care families depend on. The best delay for ObamaCare is a permanent one.” http://www.washingtonpost.com/blogs/right-turn/wp/2013/07/02/eight-reasons-obamacares-delay-is-a-huge-deal/ Link to comment Share on other sites More sharing options...
TakeYouToTasker Posted July 3, 2013 Share Posted July 3, 2013 Can the president simply ignore the law? Technically the mandate is not gone, but the administration has great latitude to determine its priorities in enforcing the law. It will simply be much too busy to penalize those violating the mandate, an executive power grab that is familiar from their playbook on education, climate change, and elsewhere. White House Violates Law with Obamacare Delay Obama administration officials are illegally delaying enforcement of a central provision in the president’s namesake legislation in a desperate attempt to manipulate the 2014 midterm elections and swell the ranks of those who look to government for healthcare. The White House is beginning to sense that when Americans realize the price of “free” healthcare, they’re likely to take swift vengeance on those responsible. Section 1513 of the Affordable Care Act (ACA, better known as Obamacare) requires all large employers to provide health insurance for their employees. “Large employers” are those with at least 50 full-time employees, and “full-time” is defined as averaging 30 or more hours per week. Section 1513’s “Employer Mandate” is one of five parts of the ACA that are absolutely essential for this government-run system to work, with the most well-known of those five being the infamous “Individual Mandate” upheld by the Supreme Court as a tax by a controversial 5-4 decision in 2012. And the Employer Mandate is mandatory. The law Congress wrote explicitly commands that this provision takes effect in January 2014. The ACA does not permit the government to grant a reprieve or an extension. Yet in a blatantly illegal move, the Obama administration is presuming to rewrite the ACA by choosing not to enforce provisions that are causing visible problems. The IRS—which is tasked with enforcing the Employer Mandate—will simply not enforce it until 2015. Every large employer in the country is under the mandate. If they don’t comply, then they are breaking federal law. But the IRS not enforcing Section 1513 is like a policeman who patrols a stretch of road who says for the next year, he won’t issue any speeding tickets. He has no authority to suspend the law, but if he chooses to violate his duty by failing to enforce the law, then to all the motorists on the road it’s as if the law does not exist. http://www.breitbart...t-Run-Exchanges Far-Reaching Implications of Obamacare Delay of Employer Mandate FTA: Furthermore, it is highly doubtful that the Obama administration has the unilateral authority to nullify a Congressional statute: The Affordable Care Act is quite clear as to the effective date of the employer mandate. “The amendments made by this section shall apply to months beginning after December 31, 2013,” concludes Section 1513. The executive branch is charged with enforcing the law, and it can of course choose not to enforce the law if it wants. But people can sue the federal government, and a judge could theoretically force the administration to enforce the mandate. So the question is: Would anyone sue the Obama administration over this? Employers, of course, will be thrilled to be spared the mandate for one more year. Democratic politicians, similarly, will be glad to have this not hanging over their heads for the 2014 mid-term election. The wild-card is left-wing activists. Most, you’d think, would defer to the administration on questions of implementation. I’m no lawyer, but it seems to me that all it would take is for one judge to issue an injunction, for an activist to require the administration to enforce the mandate. . And good luck with that. Injunctions or otherwise, who will force the high executive branch to honor those obligations? No one has the standing to do so. As Andrew Jackson stated: "John Marshall has made his decision, now let's see him enforce it." Link to comment Share on other sites More sharing options...
Doc Posted July 3, 2013 Share Posted July 3, 2013 no it won't. private insurance was out of reach for an ever expanding portion of the population before the aca. it will only get worse and fairly soon will price itself out of the market to the majority of americans. guess what will fill the void? So the thinking is that people will see the fustercluck that is the governmental interference of medicine with Obamacrap and say "hey, we want the government to TOTALLY take over medicine?" Not likely, unless there's another Dem majority/super-majority, which I don't see happening anytime soon. Link to comment Share on other sites More sharing options...
TakeYouToTasker Posted July 3, 2013 Share Posted July 3, 2013 (edited) no it won't. private insurance was out of reach for an ever expanding portion of the population before the aca. it will only get worse and fairly soon will price itself out of the market to the majority of americans. guess what will fill the void? No, the trend of complete pre-payment for all medical services was increasingly out of reach. That's not was insurance is, and your national drive to pre-pay for 100% of all care for everyone is only going to increase the price tag per unit. nonsense. draw an analogy to another profession where the majority of workers are specialists and routinely make multiples of generalists. architects? lawyers? engineers? nope, not even close. this is a unique and damaging situation. specialists make more in part because they cost more. and the concentration of them in our system hasn't produced better outcomes than more primary care based systems. the old saying that "if all you have is a hammer, everything looks like a nail" holds in medicine, too. surprise, surprise...a system with many proceduralists does many more expensive procedures. I'll start with law. Here's a fairly comprehensive list of the different types of law, each with a their own list of different subsegemnts of those segments, requireing additional lawyers specialized in those sub segments. Each with wildly varying pay grades: Areas of Law Practice Administrative Law Administrative law refers to the branch of law that oversees the creation and the operations of administrative agencies. The importance of this branch of law is the powers that are granted to the administrative agencies and the legal relationships between the agencies with other agencies, government bodies, and the public in general. According to Stephen Breyer, a U.S. Supreme Court Justice, there are six periods of administrative law beginning before 1875. Advertising Law Commercial television started in 1955 and during this time legislation controlled what advertisers could and could not say. All businesses today have to comply with advertising laws. The purpose of these laws is to ensure that companies do not make false claims about the product or service that is being offered. Product labeling and the advertisement of specific products are regulated under advertising laws. Antitrust Law The purpose of antitrust law is to make sure that businesses are competing fairly. There are four main areas that antitrust laws focus on including; competitor agreements, contract arrangements between buyers and sellers, mergers, and the pursuit of monopoly power. The basis of antitrust law is the Sherman Anti-Trust Act of 1890. Appellate Practice Appellate practice refers to the branch of the law that allows reviews of judgments made in trial courts. The appellate court will review the judgment made in the previous court and correct errors that may have been committed, develop the laws, and help maintain uniformity throughout the court system. There are different arguments that can be made on appeal than those made during a trial. Some legal practices specialize in appeals. Banking Law Banking laws in the United States come from both the federal and state levels. This makes American banking quite complex. The first of these laws were the National Currency and Bank Acts which provided chartering for national banks by the United States Comptroller of currency and provided a national issued currency. These acts were enacted in 1863/64. Bankruptcy Law Bankruptcy laws focus on helping individuals solve and repay their debts after they have suffered heavy losses. In the United States there were bankruptcy laws as early as 1800. However, the first voluntary bankruptcy laws were allowed through the Acts of 1841 and in 1867. These laws along with the Bankruptcy Act in 1898 also called the Nelson Act are what our modern debtor/creditor relation system are based on. Biotechnology Law Biotechnology law is a relatively new field of legal practice as it has only been around since about 1970. Lawyers that practice in this area often will be involved in a biotechnology project from the beginning, throughout the development process, marketing, and bringing the idea to fruition. Biotechnology law includes several aspects such as contract, tax, real property, corporation, and intellectual property. Business Law Business law is sometimes called mercantile law or commercial law and refers to the laws that govern the dealings between people and commercial matters. There are two distinct areas of business law; regulation of commercial entities through laws of partnership, company, bankruptcy, and agency and the second is regulation of the commercial transactions through the laws of contract. The history of these types of laws dates back several centuries and can be seen in the peace-guilds where members would pledge to stand by each other for protection. Business Organizations Law Business organizations law is also referred to as company’s law and is the field of law that deals with organizations and companies, including partnerships, corporations, and other types of associations that have some type of charitable or economic activity. This type of law stems from England’s common laws, but since the 20th century has evolved. Class Action Litigation/Mass Tort Litigation Class action lawsuits and mass tort litigation occur when there is a group of people that have been adversely affected by a product that is defective or if services provided are found to be scandalous. There are several famous class action law suits that have taken place through the years including the suit against Exxon Mobil in 2001 involving the oil spill that affected thousands of people along the coastline and the Enron suit that was settled for $7.2 billion in 2006 that involved the investors of the company. Communications Law The FCC or Federal Communications Commission was created in 1934. The goal of the 1934 Communications Act was to create an independent agency that would oversee communications. This includes radio, television, etc. The FCC establishes guidelines that govern what can and cannot be used during broadcasts. Communications law also deals with the use of telephones and more recently the internet. Computer Law It is extremely difficult to put a date on when computer law became a field of study as it is hard to determine when the “modern” computer industry started. When considering the computer law field as a whole there is no written records of development in this area until the year 1960 when the first legal article was published about computer law. Constitutional Law Constitutional law is considered to be the fundamental base of all laws in general. Constitutional laws define the relationship between the different entities of the state. There are three parts of the legal system, the executive, legislature, and judicial. These branches are defined under constitutional laws. The main purpose of constitutional laws is to protect human rights. Construction Law Construction law just may be one of the oldest forms of law on record. The earliest signs of construction law are found in Hammurabi’s Code. Hammurabi ruled Babylon from the year 1792 BC through 1750 BC. His code contained 282 laws that were inscribed on 12 tablets that were placed in view of the public. There were several laws that pertained to building including “if a builder builds a house for a person that is not properly constructed and the house falls in and kills the house’s owner, the builder will be sentenced to death. Consumer Law Before the year 1965 there was not a lot of help available for consumers. Garland Dempsey is given credit for being one of the first individuals to consider the idea of consumer laws. Dempsey helped his neighbors, Mr. and Mrs. Henry Outlaw, file a complaint against a finance company for swindling. The Outlaw’s received a refund from the company in the amount of $787 and the case got national attention. Contract Law It is assumed that the development of contract law was completed during the 16th century when judges from England declared that a promise will maintain an action in the case. However, it has been argued that what is now considered to be modern contract law was fundamentally developed in the 19th century when in both America and England the way contractual obligations were viewed were criticized. Copyright Law Under the constitution Congress is given the power to create laws that establish a system of copyright within the United States. The first federal copyright law was enacted by Congress in May of 1790. Within two weeks the first work was registered. The main purpose of copyright law is to protect the works of authors of all types. Corporate Law Corporate law in the United States was restrictive and regulated closely by the states during the mid-1800s. At that time in order to form a corporation an act of legislation was often required. State governments started to see how economical it would be to have corporate laws that were more permissive. The first state to adopt more lenient corporate laws was New Jersey, with Delaware soon following. Criminal Law Civil law deals with disputes between private parties such as a contract disagreement, criminal law deals with cases that are started by the federal or state government against a person or persons who have hurt another individual or the public in general in some way. The first example of a set of criminal laws comes from the Sumerian’s and was created around 2100 to 2050 BC. Cryptography Law In the U.S. information and policy regarding cryptography were a part of the NSA (National Security Agency) through the 1970s. There was also a smaller market for commercial cryptography that was unclassified. Throughout the years there has been a number of legal issues raised involving cryptology. Currently the EFF (Electronic Frontier Foundation) is involved in a legal case in the Supreme Court that may determine whether or not suspected criminals will have to provide encryption keys to law officials. Cultural Property Law Cultural property law protects items that are culturally significant such as historically significant properties, artifacts, artwork, and any other intangible cultural property. This property can be anything that has a special significance to a group of persons. The Roerich Pact in 1935 and the Hague Convention for protection of cultural property from 1954 are two of the major treaties that dealt with cultural heritage issues during armed conflicts. Cyber Law Cyber law is a relatively new area of the law. Internet law courses are offered through most law schools and focus on the questions of constitutional and civil laws that are implicated by the internet. One of the core areas of cyber law is intellectual property or copyright laws. Another area that is considered is the First Amendment, which deals with the right to free speech. Defamation Law Defamation is the area of the law that protects a person’s reputation. This area of the law becomes a bit difficult in some cases as defamation cannot be claimed if the statements that have been made are considered to be a matter of opinion. The internet has made defamation law front and center once again. Derivatives and Futures Law Derivatives and futures law deals with the regulation of derivative markets including futures and swaps. This area of the law deals mainly with finance and those that are interested in entering this field should consider taking finance courses when obtaining their law degree. Derivative business is always changing and because of this so are the laws that deal with this form of business. Employment Law Employment is also referred to as labor law and helps create safer workplace environments. Some of the employment laws that are currently in place include the federal minimum wage requirements, the eight hour work day, and required lunch and other breaks during the work day. NLRA was passed in 1935 and this act allowed workers the right to bargain collectively. Energy law During the 1930s the federal government began to intervene in the energy markets. This intervention continued through the 1970s and a series of major executive actions and laws were created as a way to regulate the gas and electric utility companies and to help control energy prices. During the late 1970s and early 80s, the government started to free the energy markets from these regulations to help benefit the economy. Environmental Law In the United States the environmental movement did not really begin until the 1970s. It was determined at this time that action was necessary to reverse the serious damage to the land, water, and air that had been done. Environmental problems have now become so large that the UN has implemented programs to help prevent pollution. Family Law Family law is the branch of the law that deals with issues that involve families such as adoption, child custody and divorce. One important date in the history of family law is in 1851. It was during this year that Massachusetts enacted an adoption law that gave children that were adopted a similar status as children that were born to the parents naturally. FDA Law The FDA is the oldest consumer protection agency in the United States federal government. The beginning of this office can be traced back to about 1848 when Lewis Beck was appointed to perform a chemical analysis of certain agricultural products. The FDA received its current name in 1930, but the functions of the office started in 1906 with the Pure Food and Drug Act was approved. Financial Services Regulation Law For a large part of the history of the United States financial markets were not extremely regulated. Financial manipulation and speculation caused a problematic pattern of highs and lows. From 1792 through 1929 there were devastating financial crises occurring regularly. The Great Depression of 1929 saw strong regulatory reforms put into place and because of these regulations there was not another financial crisis for nearly 80 years. The most recent crisis occurred in 2008. Firearm Laws Americans are given the right to bear arms in the United States Constitution. With this right there are many firearms laws that have been put in place. At the local, state, and federal level there are over 20,000 gun laws in place. However, the problem with these laws is that the possession and sale of guns is not regulated. Food Law Food law is governed by the Food and Drug Administration or FDA. It can be dated back to 1862 when a chemist was appointed by President Lincoln to serve within the Department of Agriculture. The FDA has grown over the years and is in charge of making sure that any food or drug that is sold in the United States is safe for consumption. Franchise Law Franchise laws are in place to regulate the relationship between the franchisor and the franchisee. The first laws of this kind were established during the 1970s. The Federal Trade Commission rule was the first substantial legislation of this type and became effective in the year 1979. The FTC rule requires disclosures to be made before the sale and during the start of the franchise process. Gaming Law Throughout history the United States has had some forms of legal gambling and tolerated illegal gambling. Tolerance of gambling can change quickly and there have been backlashes caused by political interests and scandals throughout the years that have led to prohibition or regulations. There have been differing attitudes towards gambling since the United States was settled, starting with the English and the Puritans who had different beliefs and traditions regarding gaming. Health Law Health law refers to the local, state, and federal laws that cover payers, vendors, and providers in the health care industry. There are several areas that are covered by health law including public health laws, consent, administrative law, medical law, medical malpractice, and contract law. Health and Safety Law The purpose of health and safety laws is to protect the welfare, health, and safety of the public in general. Some sections of the population such as employees are protected under the health and safety laws that have been put in place. Typically, a civil law system is in place that will cover most health and safety laws. Health Care Law In the United States health care laws had remained pretty much the same for many years until the Affordable Care Act was passed. The Affordable Care Act offers reform to the current health care laws that are in place and provides individuals with new options for coverage, consumer protection, and offers the citizens of the country the chance to make better and more informed choices about their health. Immigration Law Immigration laws are put in place by a national government as a way to control immigration into the country. This branch of the law determines the legal status of individuals that are in the country. Throughout history the immigration laws of the United States have progressed unevenly. In 1790 the Naturalization Act was passed as a way to naturalize foreigners that were in the country. In 1924, the Immigration Act limited how many immigrants were allowed to enter the United States. Insurance Law Insurance companies generally are required to follow the same regulations as other types of businesses. In the United States regulation of insurance companies started during the 1940s by rulings made by the Supreme Court. In 1944, the court determined that insurance policies were commercial and for that reason could be regulated in the same way as contracts. Intellectual Property Law Owners of property in the United States are provided with certain protections and rights. Property can be protected through the use of patents, copyright laws, and trademarks. Intellectual property is often protected through copyright laws. The internet has brought forth many new issues when it comes to protecting intellectual property. International Law International law refers to the area of the law that deals with legal agreements between two or more countries including treaties. There are many issues that arise when considering international laws including whether or not a person that conducts an act that is illegal in the United States, but is legal in the country that they are visiting can be punished in the U.S. One example of this is when an American citizen visits Denmark and smokes pot. International Trade and Finance Law In the past there were few people that would have to consider international trades and finance law. However, the global market place has created a need for understanding the rules of international trade. International trade laws are even more important now and for this reason the laws are being studied in many colleges and universities around the world. Internet Law The internet has created a whole new area of the law because of the unique way it is structured. There are many judicial concerns when it comes to use of the internet. The internet is not bound by geography and for this reason national laws cannot be applied. This area of the law is still being researched and more fully developed. Labor Law Labor law is also referred to as employment law. The purpose of these laws is to offer protection to both employees and employers. This area of the law stems from the demands made by workers for better conditions as well as the right to work without joining a union or the right to organize. Land Use & Zoning Law Land use and zoning laws have been put in place as a way to protect resources of a community while guiding new development in the area. These laws can be made by local, state, and the federal government. Most often the local laws will govern what can and cannot be built in certain areas of a community. Maritime Law Maritime Law is often called admiralty law and is the branch of the law that covers shipping or any activities that take place in waters that are navigable. This includes treaties and other international agreements. In the United States the federal courts have jurisdiction over this branch of the law. History has shown that the ancient Egyptians engaged in wide scale shipping, but there is no trace of laws that regulated the activity. The first signs of maritime law come from the Rhodes. Martial Law Martial law is extremely rare and involves using the military to enforce laws. There has only been one time in the history of the United States where martial law was implemented and that was during the Civil War. During WWII martial law was implemented on a regional level. This is the only time that it occurred at this level as well. Media Law Media law is a rather broad field that covers information technology, entertainment, advertising, copyright, defamation, broadcasting, telecommunications, contempt, confidentiality, as well as several other areas. Media law increased in popularity with the widespread popularity of media sources. Mergers & Acquisitions Law A merger or an acquisition refers to the combining of two businesses into one. The company that is less important is now part of the bigger or more important company. The merger gets rid of the old company. Mergers and acquisitions are governed by both state and federal regulations. Federal law is fairly free when it comes to allowing the acquisition or selling of companies. Military Law The Uniform Code of Military Justice is the backbone of the legal system of the military. This code applies to all of the branches of the military. When a person enlists in the military they are governed by this set of laws. The military has its own court system that is used for dealing with any issues that may arise. Mining Law In 1872 the General Mining Law was enacted. This law provides that a mining claimant that is successful has the right to a patent if they meet certain statutory requirements. There are 12 BLM offices where individuals may make their claimant to mine the land. The applicant must wait to be approved before continuing their exploration. Juvenile Law Juvenile law is the branch of the law that deals with individuals that are not yet adults. The age is typically 18 for most states, but in some states the age is 16 or 17. It was not until the 19th century that juvenile laws were created up to that point any child older than the age of seven was tried as an adult if they committed any type of illegal act. Music Law Music law is generally covered under entertainment law. This area of the law is not an academic term, but is one that is used by the music industry. Music law covers such things as image publicity rights, competition laws, copyright laws, and intellectual property laws. As music is a form of intellectual property it is protected through these laws. Mutual Funds Law Mutual funds are a form of investment where the shareholders combine money in order to invest in several stocks, money market investments, and bonds as opposed to just purchasing stock in one company. Mutual funds are regulated through investment laws. Nationality Law The United States Congress is given the power to establish rules for naturalization by the United States Constitution. Nationality law is the area of the law that covers citizenship and nationality and how status as a citizen may be acquired or even lost. As of October, 2008 a new naturalization test has been introduced. Applicants are tested on their knowledge of the English language as well as the American society. Native American Law Native American law is the area of law that covers American Indian tribes and their interactions with state and federal authorities. Throughout history this area of the law has been influenced and shaped by federal Native American policies. Most tribes are considered to be independent entities that are self-governing. Obscenity Law Obscenity laws deal with the regulation and suppression of things that are considered to be obscene. Pornography is one of the main subjects of obscenity laws in the United States. Most states in America have prohibited the distribution and sale of obscene materials since the early part of the 1900s. The Comstock Act in 1873 made distribution and sale of obscene materials against federal law. Oil & Gas Law There are many laws pertaining to oil and gas. Ownership of parcels of land where oil and gas are found may be owned by Indian tribes, individual’s corporations, or by a local, state, or the federal government. Many of the oil and gas laws are a part of property and contract law. In Wyoming and Texas the bar examination includes questions regarding oil and gas laws. Parliamentary Law Parliamentary law refers to the set of customs, ethics, and rules that govern the operations of clubs and meetings. The term comes from the Parliamentary government system and dates back to the 16th century with rules from early British Parliaments. Sir Thomas Smith wrote a book about some of the House of Commons procedures during the 1560s. Patent Law A patent gives an individual or a group the right to exclude anyone else from using, making, selling, or exporting a specific product, service, or type of intellectual property. The patent term is 20 years from the earliest filing date. Patent laws are quite complex and there are specific guidelines regarding what can be patented. Poverty Law Poverty law covers the rights of low income families and individuals providing them with access to benefits from the government. The federal and the state governments of the United States provide these benefits to those in need. Federal programs include welfare, Medicaid, and SNAP. Many states have health care programs and food and nutrition programs available for those falling below a certain income level. Privacy Law The Bill of Rights does not provide a right to privacy and the idea of these laws was first addressed legally in 1890 by Samuel D. Warren and Luis Brandeis. They published an article in the Harvard Law Review titled “The Right to Privacy.” The young lawyers argued that common law and the constitution allowed for a general right to privacy. Private Equity Law Private equity law covers private equity firms that pool investments of pension funds and other large investors to purchase assets and other companies. A private equity lawyer will help form the funds and help negotiate the terms of the contracts. The private equity industry in the United States began around 1946 when two venture capital firms were founded. Private Funds Law / Hedge Funds Law Private funds and hedge funds are investment funds that are a part of a diverse market range. In the United States only accredited investors are allowed to participate in Hedge Funds. The term hedge fund is credited to Alfred W. Jones, a financial journalist who first used the phrase “hedged fund” in 1949. Procedural Law Procedural law is also called adjective law and defines the rules that determine how a court will hear a case and determines what will happen in different types of proceedings such as administrative, criminal, or civil lawsuits. Many of the procedural laws that are used in court systems throughout Europe and the United States come from Roman traditions. Product Liability Litigation Product liability laws hold retailers, suppliers, distributors, and manufacturers responsible for any injuries that are caused by their products. Typically product liability litigation is limited to tangible personal property. Most often litigation stems from a design or manufacturing defect or a failure to warn the public about possible injuries. Property Law Property law covers both personal property and real property. Many of the laws that are associated with property law come from English Common Law. Many of these concepts have been made into statutes that define the different types and rights of ownership regarding both personal and real property. Public Health Law Law plays an important role in the public health care system. A public health official has many responsibilities and legal rights when protecting and promoting their community’s health. There are three areas associated with public health law, law of populations, prevention of disease and injury, and police power. Railroad Law Railroad laws encompass all areas that are related to railroad services. Most often the cases regarding railroad laws will be wrongful death litigation by employees, passengers, or non-passengers, or personal injury cases. Another issue that arises is workers compensation for when railroad employees are injured while working. Real Estate Law Owning real estate is one of the most valuable assets a person can have. Most of the real estate laws that are in place in the United States began through the process of colonization. There are many laws that govern the valuable asset of land. Throughout history people have fought for the ownership of land. Securities Law / Capital Markets Law Throughout the years there have been several major statutes regarding securities in the United States. In 1933, the Securities Act was passed as a way for the federal government to regulate the sale of securities. Until this Act was passed the states were the sole regulators for securities. Social Security Disability Law Social Security disability laws provide assistance to individuals with disabilities. Benefits provided under these laws include insurance that will pay benefits to both the disabled individual and their family as long as you have paid enough in social security through work. Supplemental security income is provided based on financial needs. Space Law Space law covers both national and international laws regarding outer space. This area of the law first became an issue when the Soviet Union launched their first artificial satellite in 1957. Since that time the area of space law has evolved and become even more important as man has started to rely on resources from space. Sports Law Both professional and amateur athletes are covered through sports law. It was only a few decades ago that this area of the law was created as a separate entity. The main reason for this is because of the increased scrutiny of sports laws by the media as well as the rise in the number of players with agents. Statutory Law Statutory law is written and set by a legislative act. Statutes can originate with a local municipality or with the state or national legislatures. Statutory laws are defining laws that fall under the higher constitutional laws of the country. There are statutes that exist within each branch of the government. Tax Law Tax law covers regulatory, common-law, constitutional, and statutory rules that are applicable to taxation. Before 1776, the colonies in America were subject to taxes charged by the United Kingdom. Under the Articles of Confederation the federal government was not allowed to tax with all of the power belonging to the states. Technology Law Technology law is complicated as technology is forever changing. Along with new technological advances new laws are created to help control issues that may arise. The internet has been one of the main advances in technology where laws have had trouble keeping up. There are many areas of technology law including information, internet, and civil liberties including the right to free speech. Timber Law Timber laws cover all aspects of the timber industry. This includes trespass actions, warranty issues, contract matters, taxation, and succession planning for timberland. Many of the laws that govern timber and its use are made by the states. There are some federal regulations regarding the use of timber as well. Tort Law Tort law is somewhat general and covers almost every aspect of life in America. Tort law provides economic relief for businesses that are harmed through deceptive and unfair trade practices. In the work place this area of the law protects employees from emotional distress. This area of the law also provides regulations regarding issues with the environment. Trademark Law Trademarks are symbols that mark a product to show that it comes from a particular source. Some of the earliest trademarks can be dated back to the Roman Empire when blacksmiths would use a trademark to show that they had made a particular sword. Samson is the first company in the United States that used a trademark. Transport Law / Transportation Law Transportation law is a broad area of the law that deals with transport systems. Some examples of transportation laws include the requirement to have insurance on your vehicle. These insurance requirements are state laws and they vary from state to state. There are also federal regulations regarding the transport of certain materials. Trusts & Estates Law A trust is the right of property either personal or real that is held by one party in order to benefit another. The idea of trusts can be dated back to the early part of the 1500s when landowners in England found that conveying the legal title for their land to a third party and still retaining the benefits of owning the land was advantageous as wealth was generally measured by the amount of land that was owned and thus this made them immune from creditors. Venture Capital Law Venture capital is an investment strategy with a high risk. This type of investment is often used to fund a startup company that has a potential for growth. In 2000, the government created the Markets Venture Capital Program Act. This law allows the SBA to make regulations that are necessary to implement a venture capital program. Edited July 3, 2013 by TakeYouToTasker Link to comment Share on other sites More sharing options...
birdog1960 Posted July 3, 2013 Share Posted July 3, 2013 (edited) No, the trend of complete pre-payment for all medical services was increasingly out of reach. That's not was insurance is, and your national drive to pre-pay for 100% of all care for everyone is only going to increase the price tag per unit. I'll start with law. Here's a fairly comprehensive list of the different types of law, each with a their own list of different subsegemnts of those segments, requireing additional lawyers specialized in those sub segments. Each with wildly varying pay grades: Areas of Law Practice well, that's very informative. now how about the part about the speciaists outnumbering the generalists and the average disparity in pay between the various specialties and generalists. keep in mind that the average salary for lawyers in comparison to the general population aint what it used to be...way too many of them.Administrative Law Administrative law refers to the branch of law that oversees the creation and the operations of administrative agencies. The importance of this branch of law is the powers that are granted to the administrative agencies and the legal relationships between the agencies with other agencies, government bodies, and the public in general. According to Stephen Breyer, a U.S. Supreme Court Justice, there are six periods of administrative law beginning before 1875. Advertising Law Commercial television started in 1955 and during this time legislation controlled what advertisers could and could not say. All businesses today have to comply with advertising laws. The purpose of these laws is to ensure that companies do not make false claims about the product or service that is being offered. Product labeling and the advertisement of specific products are regulated under advertising laws. Antitrust Law The purpose of antitrust law is to make sure that businesses are competing fairly. There are four main areas that antitrust laws focus on including; competitor agreements, contract arrangements between buyers and sellers, mergers, and the pursuit of monopoly power. The basis of antitrust law is the Sherman Anti-Trust Act of 1890. Appellate Practice Appellate practice refers to the branch of the law that allows reviews of judgments made in trial courts. The appellate court will review the judgment made in the previous court and correct errors that may have been committed, develop the laws, and help maintain uniformity throughout the court system. There are different arguments that can be made on appeal than those made during a trial. Some legal practices specialize in appeals. Banking Law Banking laws in the United States come from both the federal and state levels. This makes American banking quite complex. The first of these laws were the National Currency and Bank Acts which provided chartering for national banks by the United States Comptroller of currency and provided a national issued currency. These acts were enacted in 1863/64. Bankruptcy Law Bankruptcy laws focus on helping individuals solve and repay their debts after they have suffered heavy losses. In the United States there were bankruptcy laws as early as 1800. However, the first voluntary bankruptcy laws were allowed through the Acts of 1841 and in 1867. These laws along with the Bankruptcy Act in 1898 also called the Nelson Act are what our modern debtor/creditor relation system are based on. Biotechnology Law Biotechnology law is a relatively new field of legal practice as it has only been around since about 1970. Lawyers that practice in this area often will be involved in a biotechnology project from the beginning, throughout the development process, marketing, and bringing the idea to fruition. Biotechnology law includes several aspects such as contract, tax, real property, corporation, and intellectual property. Business Law Business law is sometimes called mercantile law or commercial law and refers to the laws that govern the dealings between people and commercial matters. There are two distinct areas of business law; regulation of commercial entities through laws of partnership, company, bankruptcy, and agency and the second is regulation of the commercial transactions through the laws of contract. The history of these types of laws dates back several centuries and can be seen in the peace-guilds where members would pledge to stand by each other for protection. Business Organizations Law Business organizations law is also referred to as company’s law and is the field of law that deals with organizations and companies, including partnerships, corporations, and other types of associations that have some type of charitable or economic activity. This type of law stems from England’s common laws, but since the 20th century has evolved. Class Action Litigation/Mass Tort Litigation Class action lawsuits and mass tort litigation occur when there is a group of people that have been adversely affected by a product that is defective or if services provided are found to be scandalous. There are several famous class action law suits that have taken place through the years including the suit against Exxon Mobil in 2001 involving the oil spill that affected thousands of people along the coastline and the Enron suit that was settled for $7.2 billion in 2006 that involved the investors of the company. Communications Law The FCC or Federal Communications Commission was created in 1934. The goal of the 1934 Communications Act was to create an independent agency that would oversee communications. This includes radio, television, etc. The FCC establishes guidelines that govern what can and cannot be used during broadcasts. Communications law also deals with the use of telephones and more recently the internet. Computer Law It is extremely difficult to put a date on when computer law became a field of study as it is hard to determine when the “modern” computer industry started. When considering the computer law field as a whole there is no written records of development in this area until the year 1960 when the first legal article was published about computer law. Constitutional Law Constitutional law is considered to be the fundamental base of all laws in general. Constitutional laws define the relationship between the different entities of the state. There are three parts of the legal system, the executive, legislature, and judicial. These branches are defined under constitutional laws. The main purpose of constitutional laws is to protect human rights. Construction Law Construction law just may be one of the oldest forms of law on record. The earliest signs of construction law are found in Hammurabi’s Code. Hammurabi ruled Babylon from the year 1792 BC through 1750 BC. His code contained 282 laws that were inscribed on 12 tablets that were placed in view of the public. There were several laws that pertained to building including “if a builder builds a house for a person that is not properly constructed and the house falls in and kills the house’s owner, the builder will be sentenced to death. Consumer Law Before the year 1965 there was not a lot of help available for consumers. Garland Dempsey is given credit for being one of the first individuals to consider the idea of consumer laws. Dempsey helped his neighbors, Mr. and Mrs. Henry Outlaw, file a complaint against a finance company for swindling. The Outlaw’s received a refund from the company in the amount of $787 and the case got national attention. Contract Law It is assumed that the development of contract law was completed during the 16th century when judges from England declared that a promise will maintain an action in the case. However, it has been argued that what is now considered to be modern contract law was fundamentally developed in the 19th century when in both America and England the way contractual obligations were viewed were criticized. Copyright Law Under the constitution Congress is given the power to create laws that establish a system of copyright within the United States. The first federal copyright law was enacted by Congress in May of 1790. Within two weeks the first work was registered. The main purpose of copyright law is to protect the works of authors of all types. Corporate Law Corporate law in the United States was restrictive and regulated closely by the states during the mid-1800s. At that time in order to form a corporation an act of legislation was often required. State governments started to see how economical it would be to have corporate laws that were more permissive. The first state to adopt more lenient corporate laws was New Jersey, with Delaware soon following. Criminal Law Civil law deals with disputes between private parties such as a contract disagreement, criminal law deals with cases that are started by the federal or state government against a person or persons who have hurt another individual or the public in general in some way. The first example of a set of criminal laws comes from the Sumerian’s and was created around 2100 to 2050 BC. Cryptography Law In the U.S. information and policy regarding cryptography were a part of the NSA (National Security Agency) through the 1970s. There was also a smaller market for commercial cryptography that was unclassified. Throughout the years there has been a number of legal issues raised involving cryptology. Currently the EFF (Electronic Frontier Foundation) is involved in a legal case in the Supreme Court that may determine whether or not suspected criminals will have to provide encryption keys to law officials. Cultural Property Law Cultural property law protects items that are culturally significant such as historically significant properties, artifacts, artwork, and any other intangible cultural property. This property can be anything that has a special significance to a group of persons. The Roerich Pact in 1935 and the Hague Convention for protection of cultural property from 1954 are two of the major treaties that dealt with cultural heritage issues during armed conflicts. Cyber Law Cyber law is a relatively new area of the law. Internet law courses are offered through most law schools and focus on the questions of constitutional and civil laws that are implicated by the internet. One of the core areas of cyber law is intellectual property or copyright laws. Another area that is considered is the First Amendment, which deals with the right to free speech. Defamation Law Defamation is the area of the law that protects a person’s reputation. This area of the law becomes a bit difficult in some cases as defamation cannot be claimed if the statements that have been made are considered to be a matter of opinion. The internet has made defamation law front and center once again. Derivatives and Futures Law Derivatives and futures law deals with the regulation of derivative markets including futures and swaps. This area of the law deals mainly with finance and those that are interested in entering this field should consider taking finance courses when obtaining their law degree. Derivative business is always changing and because of this so are the laws that deal with this form of business. Employment Law Employment is also referred to as labor law and helps create safer workplace environments. Some of the employment laws that are currently in place include the federal minimum wage requirements, the eight hour work day, and required lunch and other breaks during the work day. NLRA was passed in 1935 and this act allowed workers the right to bargain collectively. Energy law During the 1930s the federal government began to intervene in the energy markets. This intervention continued through the 1970s and a series of major executive actions and laws were created as a way to regulate the gas and electric utility companies and to help control energy prices. During the late 1970s and early 80s, the government started to free the energy markets from these regulations to help benefit the economy. Environmental Law In the United States the environmental movement did not really begin until the 1970s. It was determined at this time that action was necessary to reverse the serious damage to the land, water, and air that had been done. Environmental problems have now become so large that the UN has implemented programs to help prevent pollution. Family Law Family law is the branch of the law that deals with issues that involve families such as adoption, child custody and divorce. One important date in the history of family law is in 1851. It was during this year that Massachusetts enacted an adoption law that gave children that were adopted a similar status as children that were born to the parents naturally. FDA Law The FDA is the oldest consumer protection agency in the United States federal government. The beginning of this office can be traced back to about 1848 when Lewis Beck was appointed to perform a chemical analysis of certain agricultural products. The FDA received its current name in 1930, but the functions of the office started in 1906 with the Pure Food and Drug Act was approved. Financial Services Regulation Law For a large part of the history of the United States financial markets were not extremely regulated. Financial manipulation and speculation caused a problematic pattern of highs and lows. From 1792 through 1929 there were devastating financial crises occurring regularly. The Great Depression of 1929 saw strong regulatory reforms put into place and because of these regulations there was not another financial crisis for nearly 80 years. The most recent crisis occurred in 2008. Firearm Laws Americans are given the right to bear arms in the United States Constitution. With this right there are many firearms laws that have been put in place. At the local, state, and federal level there are over 20,000 gun laws in place. However, the problem with these laws is that the possession and sale of guns is not regulated. Food Law Food law is governed by the Food and Drug Administration or FDA. It can be dated back to 1862 when a chemist was appointed by President Lincoln to serve within the Department of Agriculture. The FDA has grown over the years and is in charge of making sure that any food or drug that is sold in the United States is safe for consumption. Franchise Law Franchise laws are in place to regulate the relationship between the franchisor and the franchisee. The first laws of this kind were established during the 1970s. The Federal Trade Commission rule was the first substantial legislation of this type and became effective in the year 1979. The FTC rule requires disclosures to be made before the sale and during the start of the franchise process. Gaming Law Throughout history the United States has had some forms of legal gambling and tolerated illegal gambling. Tolerance of gambling can change quickly and there have been backlashes caused by political interests and scandals throughout the years that have led to prohibition or regulations. There have been differing attitudes towards gambling since the United States was settled, starting with the English and the Puritans who had different beliefs and traditions regarding gaming. Health Law Health law refers to the local, state, and federal laws that cover payers, vendors, and providers in the health care industry. There are several areas that are covered by health law including public health laws, consent, administrative law, medical law, medical malpractice, and contract law. Health and Safety Law The purpose of health and safety laws is to protect the welfare, health, and safety of the public in general. Some sections of the population such as employees are protected under the health and safety laws that have been put in place. Typically, a civil law system is in place that will cover most health and safety laws. Health Care Law In the United States health care laws had remained pretty much the same for many years until the Affordable Care Act was passed. The Affordable Care Act offers reform to the current health care laws that are in place and provides individuals with new options for coverage, consumer protection, and offers the citizens of the country the chance to make better and more informed choices about their health. Immigration Law Immigration laws are put in place by a national government as a way to control immigration into the country. This branch of the law determines the legal status of individuals that are in the country. Throughout history the immigration laws of the United States have progressed unevenly. In 1790 the Naturalization Act was passed as a way to naturalize foreigners that were in the country. In 1924, the Immigration Act limited how many immigrants were allowed to enter the United States. Insurance Law Insurance companies generally are required to follow the same regulations as other types of businesses. In the United States regulation of insurance companies started during the 1940s by rulings made by the Supreme Court. In 1944, the court determined that insurance policies were commercial and for that reason could be regulated in the same way as contracts. Intellectual Property Law Owners of property in the United States are provided with certain protections and rights. Property can be protected through the use of patents, copyright laws, and trademarks. Intellectual property is often protected through copyright laws. The internet has brought forth many new issues when it comes to protecting intellectual property. International Law International law refers to the area of the law that deals with legal agreements between two or more countries including treaties. There are many issues that arise when considering international laws including whether or not a person that conducts an act that is illegal in the United States, but is legal in the country that they are visiting can be punished in the U.S. One example of this is when an American citizen visits Denmark and smokes pot. International Trade and Finance Law In the past there were few people that would have to consider international trades and finance law. However, the global market place has created a need for understanding the rules of international trade. International trade laws are even more important now and for this reason the laws are being studied in many colleges and universities around the world. Internet Law The internet has created a whole new area of the law because of the unique way it is structured. There are many judicial concerns when it comes to use of the internet. The internet is not bound by geography and for this reason national laws cannot be applied. This area of the law is still being researched and more fully developed. Labor Law Labor law is also referred to as employment law. The purpose of these laws is to offer protection to both employees and employers. This area of the law stems from the demands made by workers for better conditions as well as the right to work without joining a union or the right to organize. Land Use & Zoning Law Land use and zoning laws have been put in place as a way to protect resources of a community while guiding new development in the area. These laws can be made by local, state, and the federal government. Most often the local laws will govern what can and cannot be built in certain areas of a community. Maritime Law Maritime Law is often called admiralty law and is the branch of the law that covers shipping or any activities that take place in waters that are navigable. This includes treaties and other international agreements. In the United States the federal courts have jurisdiction over this branch of the law. History has shown that the ancient Egyptians engaged in wide scale shipping, but there is no trace of laws that regulated the activity. The first signs of maritime law come from the Rhodes. Martial Law Martial law is extremely rare and involves using the military to enforce laws. There has only been one time in the history of the United States where martial law was implemented and that was during the Civil War. During WWII martial law was implemented on a regional level. This is the only time that it occurred at this level as well. Media Law Media law is a rather broad field that covers information technology, entertainment, advertising, copyright, defamation, broadcasting, telecommunications, contempt, confidentiality, as well as several other areas. Media law increased in popularity with the widespread popularity of media sources. Mergers & Acquisitions Law A merger or an acquisition refers to the combining of two businesses into one. The company that is less important is now part of the bigger or more important company. The merger gets rid of the old company. Mergers and acquisitions are governed by both state and federal regulations. Federal law is fairly free when it comes to allowing the acquisition or selling of companies. Military Law The Uniform Code of Military Justice is the backbone of the legal system of the military. This code applies to all of the branches of the military. When a person enlists in the military they are governed by this set of laws. The military has its own court system that is used for dealing with any issues that may arise. Mining Law In 1872 the General Mining Law was enacted. This law provides that a mining claimant that is successful has the right to a patent if they meet certain statutory requirements. There are 12 BLM offices where individuals may make their claimant to mine the land. The applicant must wait to be approved before continuing their exploration. Juvenile Law Juvenile law is the branch of the law that deals with individuals that are not yet adults. The age is typically 18 for most states, but in some states the age is 16 or 17. It was not until the 19th century that juvenile laws were created up to that point any child older than the age of seven was tried as an adult if they committed any type of illegal act. Music Law Music law is generally covered under entertainment law. This area of the law is not an academic term, but is one that is used by the music industry. Music law covers such things as image publicity rights, competition laws, copyright laws, and intellectual property laws. As music is a form of intellectual property it is protected through these laws. Mutual Funds Law Mutual funds are a form of investment where the shareholders combine money in order to invest in several stocks, money market investments, and bonds as opposed to just purchasing stock in one company. Mutual funds are regulated through investment laws. Nationality Law The United States Congress is given the power to establish rules for naturalization by the United States Constitution. Nationality law is the area of the law that covers citizenship and nationality and how status as a citizen may be acquired or even lost. As of October, 2008 a new naturalization test has been introduced. Applicants are tested on their knowledge of the English language as well as the American society. Native American Law Native American law is the area of law that covers American Indian tribes and their interactions with state and federal authorities. Throughout history this area of the law has been influenced and shaped by federal Native American policies. Most tribes are considered to be independent entities that are self-governing. Obscenity Law Obscenity laws deal with the regulation and suppression of things that are considered to be obscene. Pornography is one of the main subjects of obscenity laws in the United States. Most states in America have prohibited the distribution and sale of obscene materials since the early part of the 1900s. The Comstock Act in 1873 made distribution and sale of obscene materials against federal law. Oil & Gas Law There are many laws pertaining to oil and gas. Ownership of parcels of land where oil and gas are found may be owned by Indian tribes, individual’s corporations, or by a local, state, or the federal government. Many of the oil and gas laws are a part of property and contract law. In Wyoming and Texas the bar examination includes questions regarding oil and gas laws. Parliamentary Law Parliamentary law refers to the set of customs, ethics, and rules that govern the operations of clubs and meetings. The term comes from the Parliamentary government system and dates back to the 16th century with rules from early British Parliaments. Sir Thomas Smith wrote a book about some of the House of Commons procedures during the 1560s. Patent Law A patent gives an individual or a group the right to exclude anyone else from using, making, selling, or exporting a specific product, service, or type of intellectual property. The patent term is 20 years from the earliest filing date. Patent laws are quite complex and there are specific guidelines regarding what can be patented. Poverty Law Poverty law covers the rights of low income families and individuals providing them with access to benefits from the government. The federal and the state governments of the United States provide these benefits to those in need. Federal programs include welfare, Medicaid, and SNAP. Many states have health care programs and food and nutrition programs available for those falling below a certain income level. Privacy Law The Bill of Rights does not provide a right to privacy and the idea of these laws was first addressed legally in 1890 by Samuel D. Warren and Luis Brandeis. They published an article in the Harvard Law Review titled “The Right to Privacy.” The young lawyers argued that common law and the constitution allowed for a general right to privacy. Private Equity Law Private equity law covers private equity firms that pool investments of pension funds and other large investors to purchase assets and other companies. A private equity lawyer will help form the funds and help negotiate the terms of the contracts. The private equity industry in the United States began around 1946 when two venture capital firms were founded. Private Funds Law / Hedge Funds Law Private funds and hedge funds are investment funds that are a part of a diverse market range. In the United States only accredited investors are allowed to participate in Hedge Funds. The term hedge fund is credited to Alfred W. Jones, a financial journalist who first used the phrase “hedged fund” in 1949. Procedural Law Procedural law is also called adjective law and defines the rules that determine how a court will hear a case and determines what will happen in different types of proceedings such as administrative, criminal, or civil lawsuits. Many of the procedural laws that are used in court systems throughout Europe and the United States come from Roman traditions. Product Liability Litigation Product liability laws hold retailers, suppliers, distributors, and manufacturers responsible for any injuries that are caused by their products. Typically product liability litigation is limited to tangible personal property. Most often litigation stems from a design or manufacturing defect or a failure to warn the public about possible injuries. Property Law Property law covers both personal property and real property. Many of the laws that are associated with property law come from English Common Law. Many of these concepts have been made into statutes that define the different types and rights of ownership regarding both personal and real property. Public Health Law Law plays an important role in the public health care system. A public health official has many responsibilities and legal rights when protecting and promoting their community’s health. There are three areas associated with public health law, law of populations, prevention of disease and injury, and police power. Railroad Law Railroad laws encompass all areas that are related to railroad services. Most often the cases regarding railroad laws will be wrongful death litigation by employees, passengers, or non-passengers, or personal injury cases. Another issue that arises is workers compensation for when railroad employees are injured while working. Real Estate Law Owning real estate is one of the most valuable assets a person can have. Most of the real estate laws that are in place in the United States began through the process of colonization. There are many laws that govern the valuable asset of land. Throughout history people have fought for the ownership of land. Securities Law / Capital Markets Law Throughout the years there have been several major statutes regarding securities in the United States. In 1933, the Securities Act was passed as a way for the federal government to regulate the sale of securities. Until this Act was passed the states were the sole regulators for securities. Social Security Disability Law Social Security disability laws provide assistance to individuals with disabilities. Benefits provided under these laws include insurance that will pay benefits to both the disabled individual and their family as long as you have paid enough in social security through work. Supplemental security income is provided based on financial needs. Space Law Space law covers both national and international laws regarding outer space. This area of the law first became an issue when the Soviet Union launched their first artificial satellite in 1957. Since that time the area of space law has evolved and become even more important as man has started to rely on resources from space. Sports Law Both professional and amateur athletes are covered through sports law. It was only a few decades ago that this area of the law was created as a separate entity. The main reason for this is because of the increased scrutiny of sports laws by the media as well as the rise in the number of players with agents. Statutory Law Statutory law is written and set by a legislative act. Statutes can originate with a local municipality or with the state or national legislatures. Statutory laws are defining laws that fall under the higher constitutional laws of the country. There are statutes that exist within each branch of the government. Tax Law Tax law covers regulatory, common-law, constitutional, and statutory rules that are applicable to taxation. Before 1776, the colonies in America were subject to taxes charged by the United Kingdom. Under the Articles of Confederation the federal government was not allowed to tax with all of the power belonging to the states. Technology Law Technology law is complicated as technology is forever changing. Along with new technological advances new laws are created to help control issues that may arise. The internet has been one of the main advances in technology where laws have had trouble keeping up. There are many areas of technology law including information, internet, and civil liberties including the right to free speech. Timber Law Timber laws cover all aspects of the timber industry. This includes trespass actions, warranty issues, contract matters, taxation, and succession planning for timberland. Many of the laws that govern timber and its use are made by the states. There are some federal regulations regarding the use of timber as well. Tort Law Tort law is somewhat general and covers almost every aspect of life in America. Tort law provides economic relief for businesses that are harmed through deceptive and unfair trade practices. In the work place this area of the law protects employees from emotional distress. This area of the law also provides regulations regarding issues with the environment. Trademark Law Trademarks are symbols that mark a product to show that it comes from a particular source. Some of the earliest trademarks can be dated back to the Roman Empire when blacksmiths would use a trademark to show that they had made a particular sword. Samson is the first company in the United States that used a trademark. Transport Law / Transportation Law Transportation law is a broad area of the law that deals with transport systems. Some examples of transportation laws include the requirement to have insurance on your vehicle. These insurance requirements are state laws and they vary from state to state. There are also federal regulations regarding the transport of certain materials. Trusts & Estates Law A trust is the right of property either personal or real that is held by one party in order to benefit another. The idea of trusts can be dated back to the early part of the 1500s when landowners in England found that conveying the legal title for their land to a third party and still retaining the benefits of owning the land was advantageous as wealth was generally measured by the amount of land that was owned and thus this made them immune from creditors. Venture Capital Law Venture capital is an investment strategy with a high risk. This type of investment is often used to fund a startup company that has a potential for growth. In 2000, the government created the Markets Venture Capital Program Act. This law allows the SBA to make regulations that are necessary to implement a venture capital program. well, that's very informative. now, how about the part about the specialists outnumbering the generalists and the average disparity in pay between the various specialties and generalists. Edited July 3, 2013 by birdog1960 Link to comment Share on other sites More sharing options...
TakeYouToTasker Posted July 3, 2013 Share Posted July 3, 2013 You nitwit, law doesn't even have generalists. Link to comment Share on other sites More sharing options...
DC Tom Posted July 3, 2013 Share Posted July 3, 2013 You nitwit, law doesn't even have generalists. Except for politicians and Nancy Grace. Link to comment Share on other sites More sharing options...
birdog1960 Posted July 3, 2013 Share Posted July 3, 2013 You nitwit, law doesn't even have generalists. really baby einsteins? what this http://general-practice.lawyers.com/. don't have time to look but i believe this is the largest group of american lawyers. and while there are a few rock star, very highly paid lawyers, a large majority with similar experience fall in a fairly narrow salary range with a median income of about $110k. but prove me wrong on this issue or at least try to again. Link to comment Share on other sites More sharing options...
TakeYouToTasker Posted July 3, 2013 Share Posted July 3, 2013 really baby einsteins? what this http://general-practice.lawyers.com/. don't have time to look but i believe this is the largest group of american lawyers. and while there are a few rock star, very highly paid lawyers, a large majority with similar experience fall in a fairly narrow salary range with a median income of about $110k. but prove me wrong on this issue or at least try to again. Ohhh... You're refering to ambulance chasers? Yeah, most specialize in personal injury or bankruptcy, but can also draw up a simple will in a pinch for people who don't know enough to seek out the services of a specialist who can better represent them, because it isn't illegal for them to do so. And, unless they work in government fields, the specialists earn more. Link to comment Share on other sites More sharing options...
birdog1960 Posted July 3, 2013 Share Posted July 3, 2013 Ohhh... You're refering to ambulance chasers? Yeah, most specialize in personal injury or bankruptcy, but can also draw up a simple will in a pinch for people who don't know enough to seek out the services of a specialist who can better represent them, because it isn't illegal for them to do so. And, unless they work in government fields, the specialists earn more. no, i'm referring to the profession, in general. you were wrong, though that's usually the case. over 100 lawyers in my town and i know quite a few. while i don't know they're exact salaries, i can make a pretty good guess. there are likely a very few on the top and bottom and very many in the middle. and while the "white shoe lawyers" are largely a thing of the past (they were overtaken by the less prestigious lawyers willing to take mergers and acquisition cases before it was considered socially acceptable) there are still some very big players but they're no where near being in the majority. this is in no way analagous to the pay scale in medicine that is largely a dichotomy. Link to comment Share on other sites More sharing options...
TakeYouToTasker Posted July 3, 2013 Share Posted July 3, 2013 (edited) So are you saying that corporate lawyers don't generally earn more than ambulance chasers, or are you saying that AIA should have used Higgins & Kane instead of Baker & McKenzie when they aquired ING Groep N.V's Malaysian insurance and Takaful business? Edited July 3, 2013 by TakeYouToTasker Link to comment Share on other sites More sharing options...
B-Man Posted July 3, 2013 Share Posted July 3, 2013 (edited) Sorry to interupt............... Hospitals to Obama administration: Hey, throw us a bone here FTA: Now the hospital lobby is immediately piping up about the possibility of delaying an intwined provision of the law that will reduce their payments for uncompensated care by $56 billion over ten years (which is why they’ve been lobbying hard for Medicaid expansion throughout the states). President Obama already recommended in his budget that that provision be delayed until 2015, but sans the employer mandate, they’d like it very much if the Obama administration could push the date back until 2016. If the Obama administration can just decide to push back the employer mandate, then hey, why not this rule, too? Via The Hill: The American Hospital Association (AHA) called on federal officials to put off looming cuts to hospitals that deal with mostly uninsured patients. AHA President Rich Umbdenstock said hospitals could not be expected to operate with smaller reimbursements if employers are not going to expand coverage for another year. “The goal of the [Affordable Care Act] was to extend coverage to the uninsured, which required a shared responsibility from all stakeholders,” Umbdenstock said in a statement. … Umbdenstock emphasized that without a strong expansion of coverage, hospitals that serve the underprivileged do not deserve cuts under Medicare and Medicaid next year. And a little exit question of my own: If ObamaCare is supposed to be President Obama’s “crowning legislative achievement,” and he leaves office with ObamaCare’s implementation still in shambles and/or the system imploding under its own weight, then… Well, you know. http://hotair.com/ar...us-a-bone-here/ Added: Gov. Bobby Jindal ✔ @BobbyJindal You know things are bad when you can’t even successfully implement your own bad ideas. 10:28 AM - 3 Jul 2013 2,053 Retweets 508 favorites . Edited July 3, 2013 by B-Man Link to comment Share on other sites More sharing options...
birdog1960 Posted July 3, 2013 Share Posted July 3, 2013 So are you saying that corporate lawyers don't generally earn more than ambulance chasers, or are you saying that AIA should have used Higgins & Kane instead of Baker & McKenzie when they aquired ING Groep N.V's Malaysian insurance and Takaful business? i'm saying definitively that you are wrong in trying to make an analogy between attorneys and physicians pay structures...but i'm so happy that you know what a white shoe firm is now. Link to comment Share on other sites More sharing options...
TakeYouToTasker Posted July 3, 2013 Share Posted July 3, 2013 i'm saying definitively that you are wrong in trying to make an analogy between attorneys and physicians pay structures...but i'm so happy that you know what a white shoe firm is now. And you're wrong to do so. The more valuable your expertise in a section of your profession is (your specialization), the more you will be paid within the basic pay structure of your profession. Link to comment Share on other sites More sharing options...
birdog1960 Posted July 3, 2013 Share Posted July 3, 2013 And you're wrong to do so. The more valuable your expertise in a section of your profession is (your specialization), the more you will be paid within the basic pay structure of your profession. arrogant and uninformed is a sorry combination. being unable to admit when you're obviously wrong to anyone with any insight into the issue is a sign of ignorance, not strength. i'm sure you'll get the support of some of the chorus here to egg you on, however. it's not flattering to you or them. Link to comment Share on other sites More sharing options...
DC Tom Posted July 3, 2013 Share Posted July 3, 2013 arrogant and uninformed is a sorry combination. being unable to admit when you're obviously wrong to anyone with any insight into the issue is a sign of ignorance, not strength. i'm sure you'll get the support of some of the chorus here to egg you on, however. it's not flattering to you or them. I'm not convinced either one of you knows what the !@#$ you're talking about here. Link to comment Share on other sites More sharing options...
birdog1960 Posted July 3, 2013 Share Posted July 3, 2013 from a member of the chorus, i see that as unnecessary affirmation. from the aba, i see confirmation: http://www.americanbar.org/publications/gp_solo/2012/march_april/gpsolo_main_street_lawyers.html. it appears tasker has labelled a majority of american lawyers as ambulance chasers. i can't agree with that characterization from personal experience. my suspicion is that he has precious little of that. Link to comment Share on other sites More sharing options...
DC Tom Posted July 4, 2013 Share Posted July 4, 2013 from a member of the chorus, i see that as unnecessary affirmation. from the aba, i see confirmation: http://www.americanb...et_lawyers.html. it appears tasker has labelled a majority of american lawyers as ambulance chasers. i can't agree with that characterization from personal experience. my suspicion is that he has precious little of that. In my personal experience, most lawyers are in real estate law. Personal experience is bull ****. Link to comment Share on other sites More sharing options...
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