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Trade Law - Legal Information and Resources

Trade

Trade laws are enacted to ensure industry competitiveness in the United States. The U.S. Congress, by virtue of its constitutional prerogative of regulating interstate and foreign commerce, enacted several bills, including the Tariff Act of 1930 and the Trade Act of 1974, to govern trade. The American Constitution ensures that the country is a free market. American trade law do not just govern interstate trade, but also trade between the United States and foreign countries, to ensure the existence of free trade and prohibit the occurrence of anti-competitive business practices. Trade law has evolved through the years, in reaction of the constantly changing face of trade, both internally and internationally.

Trade law is a complicated area of the legal practice as it touches upon numerous other areas of the law, such as business laws, employment laws, tax laws, and antitrust laws. There are numerous issues accompanying trade and commerce, and each issue often require the assistance of attorneys who are expert in specific niche in law. With respect to intrastate commerce, state law applies. Resolving trade disputes arising from intrastate commerce relationship may not be as difficult as resolving trade disputes arising from interstate commerce relationship as only one set of law governs. Nevertheless, it is imperative for traders and business owners to seek the advice of expert trade law attorney as there are still nuances in state trade law that may not seem very obvious to even the most sophisticated of traders. Disputes arising from interstate commerce becomes increasingly more difficult as state trade law varies and may have little commonalities, except in the promotion of free trade.

Workers, being one of the most crucial element in trade and commerce, are protected by numerous trade laws, especially against job loss or reduced wages. Workers' rights are enshrined by different set of laws that interlink with trade laws. In addition, specific trade laws protect consumers from abusive and conspiratorial business practices. It is the Federal Trade Commission's main job to ensure that consumers are protected from fraudulent and deceptive business practices. While trade laws are in place to ensure a free economy, it cannot be helped that some industries form mergers. The FTC ensures that these mergers do not restrict competition, which harm consumers.

Trade law, when applied to international commerce, becomes even more complicated as international law, in general, or specific treatises, govern. The U.S. has trade agreements with almost all nations in the world, but each trade agreement is different depending on the industry. The U.S. also regularly limits the import and export of certain products with a specific country as a matter of foreign policy. Unprecedented events in the international arena also gives rise to amendment of American trade policy in order to protect the business interest of the United States. In the area of trade law, it is imperative to employ the services of an expert trade law attorney who can examine the law of its legislative intent as this is crucial for the interpretation and adjudication of the law.

Areas of Law

Children Rights Law - Legal Information and Resources

Children Rights

Children are considered vulnerable until they reach the age of maturity, which is 18 years old in most states. Children, as a result of circumstances not of their own making, may be left impoverished and homeless, and deprived of opportunities open for them by the government. It is in this regard that federal and state government enacted legislation codifying children's rights. Children do not have full rights compared to adults. Nevertheless, children, under the law, have inherent legal rights and are also granted additional rights. Children's rights law is embodied, in the national scene, by the U.S. Constitution under the Fourteenth Amendment, and in the international scene, by the Convention on the Rights of the Child.

Children's rights law aims to safeguard children, their welfare and their rights as individuals. These federal and state laws addresses the children's social welfare; health, education and special needs. Although parents have the fundamental right of caring for their children, when the state evaluates that the child is not safe with his parents, the state can remove the child from his home and ensure the child is given rightful care. Children's rights law also aims to stop abuses that children may suffer, including child trafficking, child labor, child prostitution and child pornography. In addition, children's rights law also addresses how the juvenile justice system deals with minors. Social problems relating to children are constantly shifting and children's rights law aim to address these problems. In recent years, cases of cyber-bullying and child pornography in the Internet have increased.

Children's rights law varies from state to state. The Fair Labor Standards Act provide that only adults who are aged 18 and above may be employed, with some exceptions. Children below the age of 18 may gain rightful employment, subject to certain conditions that are meant to protect them from abusive employment practices. Employment limitations include limitations on the number of hours children are allowed to work based on the premise that children are supposed to be in school at specific times of the day. The FLSA, however, was enacted at a time when family farms were still prevent and the statute has not been amended to address the change in employment landscape. Many have pushed for the amendment to the FLSA because its codes relating to farm work for children are fairly lax and are seen as hindrances to their development.

When faced with charges of violations of children's rights law, it is imperative to seek the aid of an attorney as federal and state governments are zealous in the enforcement of the law. In addition, non-governmental groups are also active in pursuing violations of children's rights law. A violation of the children's rights has accompanying penalties that vary from state to state, and the prosecution of such violations also depend on the procedures laid out by the state. A violation of these laws may be minor or major, depending on the state. It is thus crucial for those facing charges to employ attorneys who are experts in the area of children's rights law.

Areas of Law