Thursday, February 26, 2009
S. 462 Boxer: A bill to amend the Lacey Act Amendments of 1981 to prohibit the importation, exportation, transportation, and sale, receipt, acquisition, or purchase in interstate or foreign commerce, of any live animal of any prohibited wildlife species, and for other purposes.
So far, the text is not up on Thomas.
Don't get me wrong. I am a big fan of prohibiting the illegal trade in animals. I'm OK with the bill (at least with the title). It just seems like this is not a good time to be piling on the poor Lacey Act.
And, it still won't. H.R. 1105, the recently introduced omnibus appropriations bill effectively tries to prevent it again by prohibiting the use of funds in furtherance of the program. It's hard to find in the bill. Look at page 983, in section 136.
Here's my question: Does anyone in Mexico care about this? I understand that people on the U.S. side might have concerns as varied as job loss, safety, and environmental protection relating to more trucks on the road. Based on what I have read, I suspect many of these concerns are rationalizations aimed at protecting jobs, which is not an insubstantial concern. But in Mexico is there a constituency to push this? My guess is that there is not, otherwise they would be trying to enforce the dispute decision they already won (nod to Todd Weiler for the document). And yet, they thought enough about it at the time to want it in the agreement. So, there was some interest at some point.
Much like every episode of MonsterQuest, I don't have a conclusion here. Just some theories and a limited amount of time and money to spend contemplating them. I would like a cool computer generated graphic of a Mexican truck driver to spice up this post, though. Maybe Loren Coleman (of whom I am a big fan) can help me on that one. In the mean time, the rarely sighted Truckerisis Dieselamo Mexicanis remains a cryptid north of the Rio Grande.
Side note: I propose to start using "MonsterQuest" as a synonym for "inconclusive," "unfinished," or "impossible." For example, "Mrs. Jones, the results of your pregnancy test were a MonsterQuest." Or, "Don't bother looking for that golf ball, its a MonsterQuest." I hope they take that up on The Skeptics Guide (of which I am also a big fan, go figure).
Wednesday, February 25, 2009
Tuesday, February 24, 2009
One thing to ponder: Why is the rule on sets so strict in this agreement? Talk amongst yourself.
Monday, February 23, 2009
In my continuing fascination with small animal smuggling, I saw this article about a 24 year old man stopped at the airport in Sydney, Australia trying to board a plan carrying 40 lizards and four snakes. At least he had the decency to put them in his luggage rather than his pants, as is often the case.
And, for those wonder, yes I will get to the Byrd decision. Keep in mind, though, that the thing has been repealed. So, the decision is largely academic.
Thursday, February 19, 2009
The Federal Circuit has reversed the Court of International Trade and held that the Byrd Amendment is constitutional. The amendment provided disbursements of antidumping duties collected to members of the domestic industry that supported the petition. In this case, the plaintiff argued that it was a member of the domestic industry and was entitled to disbursements despite having opposed the petition. According to the plaintiff, the requirement that a company support the petition violated its right to equal protection and to free speech.
Unfortunately, the decision is 81 pages long and I am not going to read it tonight.
Here is the link: http://www.cafc.uscourts.gov/opinions/08-1005.pdf
Consider this post a down payment on a future analysis.
Tuesday, February 17, 2009
Now, in the 111th Congress, a bill that has died in the last four congresses.
Wednesday, February 11, 2009
And here is the blurb:
Designed for both new practitioners and experienced trade and customs lawyers, the international Trade Update provides you with critical knowledge, skills and practice development ideas. This is a unique opportunity for you to spend time with experienced lawyers and government officials exploring the up-to-the-minute developments in international trade and customs law. Not only will you receive practical tips on how to help your clients solve complex problems, but you will analyze the projected trends for the coming years through plenary and specialized break-out sessions.
The Commissioner of Customs and Border Protection has announced his intention to retire at the end of the month. Commencing March 1, current Deputy Commissioner Jayson Ahern will be Acting Commissioner. Here is a JOC article.
What qualities do you want to see in the next Commissioner?
One of the great benefits of a tablet is that it is an easy way to end up with a dual monitor system. With the tablet closed, screen facing out, in its dock, it looks just like a flat panel display. Plug in another monitor, a keyboard, and a mouse, and you have a dual monitor system. I like keeping Outlook open on the tablet and my current work on the larger monitor. The dock also cleverly lets me pull the computer down to the table without disconnecting from the dock so I can mark up a document with the stylus.
As best I can tell, no tablet makers are manufacturing compatible vertical docks anymore. That means I can't do this trick and a new tablet is much less appealing. I saw a picture of an HP upright dock, but it apparently it's not for sale.
Am I wrong about this? Are there tablet users out there who can tell me where I can get new tablet that will dock to a port replicator in an upright position with the internal screen usable? This is very frustrating. I like my Toshiba, but if they have failed to recognize the utility in the upright dock, I'm happy to move on to another brand. Anyone from Toshiba want to explain this to me?
Friday, February 06, 2009
That is exactly the kind of thinking about discretion I like to see. Legal authority to do something does not make it a good idea.
Border Searches and Seizures of Stored Digital Information. This is currently a highly visible and sensitive issue. While certain DHS components may have legal authority to conduct border searches, there is a significant difference between looking at paper documents and searching through the volume of digital information that can be carried by travelers. The Privacy Office should have a role in reviewing current policies and practices for searches and seizures of digital information and developing guidelines to integrate privacy protections into these processes.
Thursday, February 05, 2009
The issue is not whether . . . the better view is that [the contract] is one for the sale of services, not goods. The statute gives this determination to the Department of Commerce in the first instance, . . . and when the Department exercises this authority in the course of adjudication, its interpretation governs in the absence of unambiguous statutory language to the contrary or unreasonable resolution of language that is ambiguous.
Where a domestic buyer's cash and an untracked, fungible commodity are exchanged with a foreign contractor for a substantially transformed version of the same commodity, the Commerce Department may reasonably treat the transaction as the sale of a good under § 1673. We therefore reverse the judgment of the Federal Circuit and remand the cases for further proceedings consistent with this opinion.
(Purpose: To clarify that the Buy American provisions shall be applied in a manner consist with United States obligations under international agreements)
On page 430, strike lines 7 through 12 and insert the following:
(d) This section shall be applied in a manner consistent with United States obligations under international agreements.
Wednesday, February 04, 2009
- New Zealand
- Burei Darussalam