The Louisiana Attorney General's office already had issued an opinion advising that the statute and the regulation were unconstitutional, because they violated the Privileges and
Immunities Clause of the U.S. Constitution, and because the reciprocity requirement created two classes of nonresidents who were subject to different licensing requirements on an irrational basis.
According to the Privileges and
Immunities Clause of Article IV of the Constitution of the United States of America, citizen's rights in each state are protected when they travel to some other state.
Earlier in 2016, the U.S. Court of Appeals for the Second Circuit ruled that New York's Judiciary Law § 470 requiring out - of - state attorneys to maintain a physical office in New York to legally practice law in the state does not violate the privileges and
immunity clause of the Constitution.
Not exact matches
Although the Chief Justice acknowledged that this argument had some merit, the more determinative factor — and the key difference between the statutory
immunity provisions relied upon by the ERCB and Alberta Environment — was that the
immunity clause with respect to the former explicitly contemplated the regulator as an entity («the Board or a member
of the Board...») whereas the
immunity provisions under the Water Act and the EPEA did not (referring only to «persons» in various capacities; see paras 62 — 71).
There are no reciprocity
clauses in the Convention, nor are there theories
of self - defense or
immunity embedded in it.
His argument on the legislative history
of the Fourteenth Amendment, for example, rests on a strained parsing
of the Reconstruction debates intended to show that the Privileges and
Immunities Clause (which the Supreme Court effectively eviscerated shortly after the Amendment's adoption) was intended to make the Bill
of Rights operative against the states.
But with the
immunity clause still in place, the excesses
of these officials can not be checked as long as they are in office, thereby making the anticorruption campaign even more difficult to prosecute.
The
immunities of the Speech or Debate
Clause were not written into the Constitution simply for the personal or private benefit
of Members
of Congress, but to protect the integrity
of the legislative process by insuring the independence
of individual legislators.
Sen.Yusuf Yusuf (APC - Taraba) has called for the removal
of the aspect
of immunity clause pertaining to criminal offences committed by political office holders.
An All Progressives Congress, APC, Senator representing Zamfara Central, Kabir Marafa, yesterday said the ongoing debate by the National Assembly to amend the Code
of Conduct Bureau, CCB and the Code
of Conduct Tribunal, CCT Act was an attempt to introduce
immunity clause for the Senate President, Bukola Saraki and shield him from prosecution.
There are provisions
of the U.S. Constitution such as the privileges and
immunities clause that apply only to U.S. citizens, but the ones are cite are not among them.
Baumgartner supra n. 66, at 795 («Most
of the action in transnational litigation in recent years has been in the areas
of personal jurisdiction, foreign sovereign
immunity, the Alien [Tort Statute], forum selection
clauses, and forum non conveniens, tightly followed by the recognition
of foreign judgments, and a bit further behind, transnational discovery and the action
of state doctrine...»).
The Commission will also be embarking on studies on the protection
of persons in the event
of disasters and the
immunity of State officials from foreign criminal jurisdiction, with the most - favoured - nation
clause being a potential topic
of future study.
At issue before the Supreme Court was whether the
immunity clause in s. 43
of the Alberta Energy Resources Conservation Act had the effect
of barring her claim for Charter damages.
The following cases suggest that if a claim is valid under Section 1983
of the Federal Civil Rights Act, that state law granting
immunity to the official can not override Federal law under the Supremacy
Clause.
It reasoned that the Speech or Debate
Clause afforded absolute
immunity for respondents» activities in investigating the funding
of Hutchinson's research, for Proxmire's speech in the Senate, and for the press release covering the speech.
It is fairly evident that the Committee tried to instrumentalize its FR in order to provide the other constitutional authorities (the Government and — most certainly — the Judiciary) with somewhat
of a saving (or escaping)
clause in order to overcome the stagnation caused by the Margellos doctrine and the ICJ's authoritative distinction between procedural conditions, such as the jurisdictional
immunity of the defendant State, and the merits
of the case, even if the contested affair involves grave violations
of jus cogens norms.