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


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Aviation Law

Aviation law governs almost all aspects of aircraft navigation, including its operation and maintenance. The law governs the transit of aircraft above states and above other governed territory, and covers passengers, cargo, and aviation facilities.

In the United States, aviation statutes and regulatory agencies were created by the federal and state governments. Although, for the most part, aviation is governed by federal law enacted by Congress by virtue of its constitutional mandate to regulate interstate and foreign commerce. The foremost federal aviation law in the United States is the Federal Aviation Act passed by Congress in 1958. This Act establishes the Federal Aviation Administration, the leading federal agency regulating aerospace activities. States can enact their own laws consistent with federal laws and can modify existing remedies under states laws, but they cannot regulate rates, routes or services of any air carrier pursuant to the Federal Aviation Act. Another foremost development in aviation law would be the passage of the Aviation and Transportation Security Act of 2001, in response to the Sept. 11, 2001 terrorist attacks.

In addition to federal and state oversight on aviation, international rules and treatises also form a crucial aspect of aviation law given the international nature of air travel. One notable international convention on aviation is the Warsaw Convention, which limits an airline's liability for accidents on inter-country flights, except when it is found that the airline committed acts of negligence. The International Civil Aviation Organization also provides rules regulating air travel and mediation procedures to resolve international aviation law disputes. In addition, international policies have been introduced through open skies agreements to liberalize international aviation rules and minimize government intervention. International aviation laws also regulate military air travel.

Aviation law encompasses almost all facets of air travel. Issues arising from aviation law, including the business aspect of operating an air carrier, require expert knowledge of counsel who can weave through the web of federal laws and regulations, international conventions and other areas of the law. One of the most common litigation area relating to aviation law arises from loss or injuries suffered by passengers caused by air craft malfunction or crashes. This area of litigation, which involves a combination of federal and tort laws, require extensive discovery and expert testimony to establish, first, the rights of passengers, second, the cause of loss or injury, and third, the extent of the air craft carrier's liability. Another common litigation relating to aviation law would be the defense of aviation professionals accused of violating Federal Aviation Regulations. These two common litigation areas may also involve insurance disputes, further complicating litigation.

In addition, other issues that could arise from aviation law would be concerning regulation of aviation practices and violations thereof. Increasingly, consumers have taken to courts alleged airlines' practices of deceiving customers with false advertising, especially on issues of "hidden" fees and charges, or airlines' conspiracy on ticket prices. These issues require, not just specialized knowledge on the law, but also smart litigation skills as consumer-plaintiffs often David in comparison to the Goliaths that are the airline companies.

Areas of Law

Financial Litigation Law - Legal Information and Resources

Financial Litigation

Financial litigation law governs the court process of resolving disputes relating to financial and money transactions. These disputes involve banks, credit card companies, brokerage firms, private equity funds, and insurance companies. Financial litigation is a combination of civil, criminal and administrative law that arises from financial transactions. Financial litigation is composed of both federal and state laws, administrative regulations and court decisions.

The federal government enacted several laws for banks and financial institutions to comply with certain standards as banking and finance are two of the highly regulated industries in the country due to the nature of the products and services they provide. Banking and finance transactions deal with sensitive matters, and, as such they are protected by law, like the Bank Secrecy Act and Truth in Lending Act. Other federal financial legislation include Dodd-Frank Act, Consumer Protection Act, and Fair Debt Collection Practices Act. In addition to the federal government, there are other agencies who have oversight on specific financial transaction, such as the Securities and Exchange Commission towards the registration of public companies and disclosure of stock trading. Financial litigation law touches on a broad spectrum of issues such as securities law, corporate law, consumer law, and bankruptcy law.

Among the most common financial litigations are actions challenging a company's transaction, which transaction may have caused a change in the trading price of stocks, insider trading, and securities trading fraud. Aside from the company, officers and directors are routinely named defendants in derivative actions. Financial litigators represent either the client or the company these cases. Clients often choose to sue companies through a class action as the anticipated pay-out in class actions are higher compared to individual suits. In addition, the costs of pursuing a class action is also shared among the class members, while the costs of pursuing an individual action is shouldered only by the plaintiff. Moreover, there is strength in numbers that's why victims of securities fraud or insider trading choose to sue as a class.

Financial litigation is a complex dispute that will touch on intertwining laws. It will not just touch on the complicated web of federal and state laws and regulations, but also often encroach on international laws regarding financial transactions. Financial transactions are also sophisticated transactions, which means these transactions involve legalese that takes experts to un-weave. Because the monetary value of financial disputes are often high, parties tend to litigate in order to either recover the money lost or refuse to pay the money lost. In addition, violations of banking and finance rules and regulations are met with steep punishment. These types of litigation are also often highly publicized, so being charged with any violation of banking or finance law could severely affect the reputation and future business prospects of companies, and their officers and directors. In addition, settlements arising from financial litigation have the possibility of draining a company's resources.

It is for these reasons that companies have a retinue of financial litigators to defend them in cases of banking and finance law violations. Financial litigators are not just skilled in defending companies, they are also knowledgeable in matters of regulation, enforcement, and transactions.

Areas of Law