For example, various
Code provisions expressly preserve an employee's right to a civil remedy — a notion which would be unnecessary if courts lacked jurisdiction to enforce statutorily - granted rights.
Not exact matches
To «opt - in» to chapter 2269, a charter school must amend its charter to include a statement
expressly adopting the
provisions of Texas Education
Code, Chapter 44, Subchapter B, as the charter holder's process for awarding a contract for the construction, repair, or renovation of a structure, road, highway, or other improvement to real property.
The Civil
Code comprises a body of rules which, in all matters within the letter, spirit or object of its
provisions, lays down the jus commune,
expressly or by implication.
North Vancouver's
Code of Ethics for Councillors
expressly states that: «to ensure procedural and administrative fairness, a member who is accused of violating any
provision of the
Code» must be given the opportunity «to respond to these allegations.»
Moreover, the Third Circuit has determined that this
provision gives US Courts «broad authority» to provide appropriate equitable relief to assure the orderly conduct of reorganization proceedings, and to «craft flexible remedies that, while not
expressly authorized by the
Code, effect the result the
Code was designed to obtain.»
2014)(successfully obtained reversal of a string of decisions holding that a
provision of the California labor
code requiring meal and rest breaks is preempted, as applied to a class of truck drivers, by the Federal Aviation Authorization Act of 1994 — a transportation deregulation measure that
expressly preempts state law relating to «prices, routes, or services»)(briefed and argued)
The
Code of Conduct contains this
provision about «confidentiality» in Rule 2.03, at p. 28, that is beguiling in its simplicity: «A lawyer at all times must hold in strict confidence all information concerning the business and affairs of a client acquired in the course of the professional relationship and must not divulge any such information unless: (a)
expressly or impliedly authorized by the client; (b) required by law or a court to do so; (c) required to deliver the information to the Society; or (d) otherwise permitted by this rule.»