Sentences with phrase «interstate commerce»
In the US, such marks may be registered on a separate register called the Supplemental Register, provided the mark has been used in interstate commerce in the US unless the application is based on a foreign application or registration.
slaw.ca
It is designed to prevent and remove obstructions on interstate commerce in commodities by regulating transactions on commodity futures exchanges.
If the Supreme Court does hear the case, many believe the 1992 ban could be struck down because Congress does not have the power to regulate interstate commerce in this particular case, according to backers of legalized gambling.
It eliminates all predictability as to where companies may be sued, and such uncertainty also strains defendants» budgets, burdens interstate commerce by exerting upward pressure on consumer prices, and erodes core principles of federalism as courts in certain states interfere with the regulatory affairs of other states.
These can range from cars, such as those used for pizza deliveries, to 18 - wheeler trucks, such as those used for interstate commerce.
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
In this Court, challenges to the Cooley rule on the ground that the rule was an ineffective protector of interstate commerce from state regulations have been confined to dissents and concurring opinions.
Its managing partner tells the WSJ that the ban «unconstitutionally restricts interstate commerce by limiting attorneys» ability to act like any other business in the United States.»
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because -
The carrier may also be assessed civil penalties of not less than $ 10,282 for providing transportation requiring federal operating authority registration and up to $ 14,502 for operating a commercial vehicle in interstate commerce without necessary USDOT registration.
-- is not an economic activity, and only had an «attenuated» [loosely connected] effect on interstate commerce when taken in aggregate because individual crimes are local matters for local government to handle (no interstate aspect).
This case concerns the power of the State of New York to deny additional facilities to acquire and ship milk in interstate commerce where the grounds of denial are that such limitation upon interstate business will protect and advance local economic interests.
As I write these words, there is a bill under review in the Senate (S. 373) seeking to ban interstate commerce in all species of pythons.
Congress declared that illegal possession of controlled substances impacts interstate commerce when it passed the Controlled Substances Act of 1970 (section 801 of Title 21, United States Code).
In the 1940s and 1950s, the U.S. government expanded interstate commerce by improving telephone access and highways across the country.
(1) to make any use of any means or instruments of transportation or communication in interstate commerce [note: including the Interweb] or of the mails to sell such security through the use or medium of any prospectus or otherwise [note: presumably this encompasses half - baked crypto whitepapers], or
It stretched the commerce clause to cover anything with even a vague downstream effect on actual or potential interstate commerce.
Among the chartered responsibilities of the federal government were, in those areas where appropriate — such as facilitating interstate commerce, to provide for justice and domestic tranquility, the common defense and to secure the blessings of liberty.
What this means is, Congress has the authority to make laws concerning interstate commerce, or commerce that passes across state lines.
The association also said New York State was undermining interstate commerce, a violation of the U.S. Constitution.
But crafting the bill was tricky because lawmakers wanted to make sure there were no conflicts with federal interstate commerce laws.
FMCSA's imminent hazard out - of - service order states that Price's ``... continued operation of a CMV in interstate commerce poses an imminent hazard... (as) you fail to exercise an appropriate duty of care to the motoring public.»
This gets around the Constitutional prohibition against states taxing interstate commerce on the grounds tha the state is taxing your use, not your purchase of the item.
The federal gov» t controls interstate commerce.
Under the Federal Power Act (FPA) the Federal Energy Regulatory Commission (FERC) is granted exclusive jurisdiction over wholesale energy markets — FERC alone is permitted to regulate wholesale sales of electricity and transmission in interstate commerce including authorizing «just and reasonable» market - based rates.
The proposed rule to the African elephant rule under section 4 (d) of the Endangered Species Act will clamp down on the trade in illegal ivory trinkets by banning most interstate commerce and further restricting commercial exports, with some exceptions including for defined antiques and certain manufactured items containing de minimis quantities of ivory.
It seems to me that if the US government fails to approve the Keystone pipeline based on GHG emission concerns but allows, at the same time, the California cap and trade rule to proceed, someone should be able to sue the US federal government for actions that impede interstate commerce while protecting all US heavy oil production from competition.
The defendant appealed the trial court's verdict, arguing this section was not applicable because the driver wasn't engaged in interstate commerce at the time of the incident.
We should, I submit, have answers at least to some of these questions before we can say either how seriously interstate commerce is burdened by New York's licensing power or how necessary to New York is that power.
Not only in the cases sited in the answers herein, but pursuant to article iv of the commerce clause, the right to interstate commerce necessitates the right to free travel.
The idea of implied consent is a much, much broader legal concept that one for emergency medical treatment; Hawaii was a country too; interstate highways were justified using the National Defense power although interstate commerce is used to justify a great deal of federal activity; the drinking age is justified with spending for the general welfare.
Industries that carried products across state lines, such as railways, had for many, many years been subject to special regulations as «common carriers» in order to ease interstate commerce.
Police requested the user's IP address, which Whisper stores and hands over to law enforcement, and Grimsely was promptly arrested and charged with transmitting a threat over interstate commerce.
In 1976, the U.S. filed suit against RML, alleging that RML and its members conspired to restrain interstate commerce in violation of the Sherman Act.
In McLain v. Real Estate Board of New Orleans, the U.S. Supreme Court addressed whether alleged real estate commission price - fixing was activity within the scope of interstate commerce sufficient to be challenged under the Sherman Antitrust Act.
It seems very likely that the computer in question was used in interstate communication, and that the SAT does affect interstate commerce.
Kansas was forbidden from regulating interstate commerce - and the federal agency had not written rules it could enforce.