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UNDERSTANDING THE FOREIGN EMOLUMENTS CLAUSE

US Constitution

By: Akanksha A. Panicker

The Foreign Emoluments Clause is a provision in Article I, Section 9, Clause 8 of the Constitution of the United States which generally forbids the awarding of titles of nobility by the federal government and prevents members of the federal government from accepting presents, emoluments, offices or titles from foreign states and monarchies without the approval of the United States Congress. 

Federal officeholders are prohibited from receiving anything of value from a foreign state or its representatives. Additionally, the domestic emoluments clause also prohibits the president from receiving any such emolument from the federal government or the states beyond the normal compensation for the services entitled to the Chief Executive.  The main driving force behind the clause is to prevent influence, even unconscious, in the treatment meted out by individuals holding office. Consequently, gift-giving would not further corrupt practices, even if not intended to do so. Often recognized as the Titles of Nobility Provision, which was intended to safeguard U.S. federal authorities from so-called ‘corrupting foreign powers,’ the rule is strengthened by the directly related ban on state titles of nobility in Article I, Section 10, and, more broadly, by the Republican Guarantee Clause in Article IV, Section 4.

DEPORTATION IN THE UNITED STATES

Deportation

By: Akanksha A Panicker

When the US government removes an immigrant from the country, the individual is said to be deported. However, the preferred term is ‘removed.’ Deportation can occur regardless of whether the immigrant is documented or undocumented and finds its basis on US Immigration Law.  Thus, the circumstances for removal can vary, wherein immigration authorities can enforce departure in multiple scenarios like catching immigrants attempting to cross the U.S. border, the deportation of undocumented individuals in the country after they have been detained, and the negative results of cases in immigration court. 

HAPPY NEW YEAR!

HAPPY NEW YEARS

 

May the NEW YEAR bring joy, peace & happiness to you & your family Cheers!

Happy New Year

Gelukkige Nuwejaar (Afrikaans); Gezuar Vitin e Ri (Albanian); سنة سعيدة (Arabic); Yeni iliniz mubarek (Azerbaijani); Selamat tahun baru (Bahasa melayu); Urte berri on (Basque); sretna nova godina (Bosnian); Щастлива Нова година (Bulgarian); Felic any nou (Catalan); Mabungahong Bag-ong Tuig Kaninyong tanan (Cebuano Philippines); šťastný nový rok (Czech); Fijne oudejaarsavond (Fine New Year’s Eve) / Gelukkig Nieuwjaar (Happy New Year);  Head uut aastat (Estonian); سال نو مبارک (Farsi); Manigong Bagong Taon (Filipino); Bonne Annee (French); Bliadhna mhath ur (Gaelic Scotland); Grohes Neues Jahr/ Gutes Neues Jahr (German); Καλή χρονιά (Greek); સાલ મુબારક (Gujarati); שָׁנָה טוֹבָה (Hebrew); नये साल की हार्दिक शुभकामनायें (Hindi); Boldog Új Évet / Buék (Hungarian); Athbhliain faoi mhaise dhuit / Bhliain nua sásta (Irish); Buon anno/ Felice anno nuovo (Italian); あけましておめでとうございます (Japanese); 새해 복 많이 받으세요 (Korean); Is Sena-Tajba (Maltese); 新年快乐 (Mandarin Chinese); Kia Hari te tau hou (Maori); Szczęśliwego Nowego Roku (Polish); Feliz Ano Novo (Portuguese); Allin wata kachun qanpaq (singular) / Allin wata kachun qanqunapaq (plural) (Quechua); La Multi Ani (Romanian); С Новым Годом (Russian); Feliz Año Nuevo (Spanish); สวัสดีปีใหม่ (Thai); Mutlu yillar (happy year) / Yeni yiliniz kutlu olsun (May your new year be celebrated) (Turkish); نايا سال مبارک (Urdu); blwyddyn newydd dda (Welsh);

EXPLAINING THE COVID-19 STIMULUS BILL

COVID-19

By: Akanksha A. Panicker

December 21st of 2020 saw the passing of the sequel COVID relief legislation. As part of the Bipartisan-Bicameral Omnibus COVID Relief Deal at the end of the year, with one of the largest stimulus packages in history. The provisions under the same require interpretation, especially since the healthcare industry’s ramifications will be momentous. The 5,593-page 2021 Consolidated Appropriations Act was voted on and approved on December 21, 2020, before congressional leaders took a break for the holidays. However, the relief bill provides some respite to individuals, businesses, and hospitals and is aimed to lighten the economic strain that the pandemic caused. Consequently, the legislation includes  USD 300 per week in additional unemployment benefits, direct payments of USD600 to individuals, USD 330 billion in small business loans, approximately USD 80 billion for schools, and USD 69 billion for vaccine development and deployment.  The relief bill was included as Division N of a larger legislative package that included government funding and other bills. 

SEASONS GREETING 2020

THANK YOU
During this holiday season, our thoughts turn gratefully to those who have made our progress possible.  It is in this spirit that we sincerely say Thank you!  Best wishes for the Holiday Season.  
H A P P Y H O L I D A Y S
(socially distanced, get it!)

“Mele Kalikimaka” (Hawaii) “Merry Keshmish” or “Nizhonigo Keshmish” (Native American/Navajo Nation)“Merry Christmas” or “Joyeux Noel” (Canada)“Happy Christmas” or “Merry Christmas” (United Kingdom)“Boas Festas e Feliz Ano Novo.” (Brazil)“Feliz Navidad.” (Latin America)“Feliz Natal” or “Boas Festas.” (Portugal)“Nadolig Llawen!” (Wales)“Joyeux Noel!” (France)“Buone Feste Natalizie” or “Buon Natale!” (Italy)“Froehliche Weihnachten und ein glueckliches Neues Jahr!” (Germany)“God Jul and (Och) Ett Gott Nytt Ar!” (Sweden)“Kala Christouyenna!” (Greece)“Kung His Hsin Nien bing Chu Shen Tan” (Chinese/Mandarin)“Gun Tso Sun Tan’Gung Haw Sun” (Chinese/Cantonese)“Meri Kuri” or “Meri Kurisumasu” (Japan)“Baradin ki shubh kamnaaye!” (India)“Pozdrevlyayu s prazdnikom Rozhdestva is Novim Godom!” (Russia)“Mo’adim Lesimkha. Chena tova” (Israel/Hebrew)

SECTION 230 OF THE COMMUNICATION DECENCY ACT

US Laws

BY: Akanksha A. Panicker

Twenty-six words that arose from a 1996 US law overhauling telecommunications have been termed the basis of the Internet’s current state. Section 230 of the Communications Decency Act essentially says that any ‘interactive computer service’ is not liable to be considered a publisher or speaker for any content created by a third party. Effectively, this protects host websites from litigation for illegal content published by the user, especially since section 230(c)(1) provides immunity from liability for providers and users of an “interactive computer service” who publish information provided by third-party users. 

UNDERSTANDING TEXAS RULES OF CIVIL PROCEDURE

TEXAS FLAG

By: Akanksha A. Panicker

Civil procedure in the United States includes the laws regulating civil proceedings in the judiciary’s federal, state, and local structures and varies from those regulating criminal actions. Like with all of the American law, civil procedure is not restricted only to the federal government under the constitution. As a direct result, each state can run its own civil process framework, irrespective of its counterpart states and the federal judicial system. Civil litigation is broken into 3 main phases: pre-trial, trial, and post-trial. Each of these phases has certain tasks that must be completed to protect the rights of everyone involved in the lawsuit.

EXPLAINING THE FIRST AMENDMENT

US Constitution

By: Akanksha A. Panicker

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” – The First Amendment to the U.S. Constitution.

The first amendment is one of the most important tenets of the United States’ Constitution. The First Amendment (Amendment I) to the United States Constitution prevents the government from adopting legislation that would abrogate the free [A.] establishment or exercise of religion, [B.] the freedom of speech, the freedom of the press, [C.] the freedom of assembly, or the right to [D.]  petition the government for a redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

SERVICE OF PROCESS IN CHINA

China

By: Akanksha A. Panicker

[1.0] International service of process in china

International service of process in China can be completed through both the formal method of the Hague Service Convention and the informal method of service via an agent.

The Hague Convention governs the process of service in China. China  has formally rejected Article 10 of the Hague Service Convention, which indicates service is never authorized via postal channels. China does not allow for an informal method of service and will not uphold any ruling or judgment where service has not been completed through the formal method, since they have also voiced opposition to several other service methods offered under Article 10 and even can be quite reluctant in the processing of letters of request for judicial assistance. No service is accessible through any other networks apart from explicitly mandated. The Central Authority of China refers the document to the competent court n responsiblutingfor executingfor executingfor executinguting direct service to the addressee or any individual who is liable to receive the documentation. However, if personal and direct service cannot be done, the domestic Civil Procedure Law’s provisions will kick in. Service on a Chinese company by mail is not effective,, and U.S. courts have held that China’s formal objection to service by mail under Article 10(a) of the Convention is valid.  

CAN A PRESIDENT PARDON HIMSELF: PRESIDENTIAL PARDONS RULES

Presidential Seal

By: Akanksha A. Panicker

The President of the United States has the constitutional power to issue a federal pardon, which effectively sets aside the punishment in a federal crime. 

A federal pardon in the United States is the President of the United States’ action that completely sets aside the punishment for a federal crime. The President is the only individual thus empowered to take such measures. Clemency is one aspect of the presidential pardon, while the other is a commutation of punishment, revocation of fine or restitution, and remission of sentences.  

Under the Constitution, the President’s commutation authority applies to all federal criminal offenses. All petitions for presidential clemency for federal offenses are usually referred to the Office of the Attorney General of the United States and the Pardon Attorney Department of Justice for inquiry and review. Still, the President is entitled to circumvent the office even if it is done. Parole shall not take place if the recipient disapproves of the pardon.