Sentences with phrase «while state statutes»

While state statutes set many default rules for how things play out after death, many people want to exert more control over the process.

«While the state statute does not specifically permit ownership of more than one dog «commonly known as a pit bull», it does not prohibit it either.»

Not exact matches

In New York, the first of these options would be the preferred one in light of the little known fact that New York law on the necessity of marriage licenses is surprisingly incoherent: one statute states that «it shall be necessary for all persons intended to be married in New York state to obtain a marriage license» while another reads «nothing in this article contained shall be construed to render void by reason of a failure to procure a marriage license any marriage solemnized between [eligible] persons.»

While practice act oversight varies by state, athletic trainers practice under state statutes recognizing them as qualified health care professionals similar to physical therapists, occupational therapists and other health care professionals.

While it is tempting to hone in on the few states that have passed surrogacy statutes, that is often not the best strategy for identifying a favorable state for you.

Wu says while a grand jury will have to determine whether any actual crimes were committed, he says alleged interference by Cuomo's staff in an ethics commission sending out subpoenas is potentially in violation of several state statutes, including conspiracy to perform official misconduct and the hindering of prosecution.

I think the act of continuing with the race while the country is in a state of political turmoil is in contradiction to their statute.

While Democrats in other states have mentioned potential legal action, New York would be the first state to take such aggressive action, potentially elevating Cuomo's statute as a leading progressive voice against Trump.

Two, we wondered why some states enacted laws highly favorable to charter schools while others passed more - restrictive statutes.

While U.S. Supreme Court decisions on a federal statute do not necessarily bind state courts, its well - argued position should be influential.

While authority varies from state to state, state constitutions and statutes generally give broad authority to state boards to implement policies governing standards, assessments, and curricula.

Even though both systems are governed by state statute, the state of Illinois makes nearly all the employer contributions for TRS, while CPS must make virtually all employer contributions for CTPF.

Alabama also enacted tuition grant state laws permitting students to use vouchers at private schools in the mid-1950s, while also enacting nullification statutes against court desegregation mandates and altering its teacher tenure laws to allow the firing of teachers who supported desegregation.50 Alabama's tuition grant laws would also come before the court, with the U.S. District Court for the Middle District of Alabama declaring in Lee v. Macon County Board of Education vouchers to be «nothing more than a sham established for the purpose of financing with state funds a white school system.»

The existing language of subdivision (26) of section 10 - 183b of the Connecticut General Statutes outlined who qualified for a teacher pension by defining the word teacher as «any teacher, permanent substitute teacher, principal, assistant principal, supervisor, assistant superintendent or superintendent employed by the public schools in a professional capacity while possessing a certificate or permit issued by the State Board of Education...»

While states and local districts must abide by these federal statutes and regulations, in some situations states can also provide additional rights to students and teachers, and some have chosen to do so.

A Michigan Court of Appeals held that a statute permitting local school districts to furnish transportation without charge for students of state - approved private schools did not violate Michigan's first Blaine Amendment (Article I, Section 4) because the statute's intended and actual effect was to assist parents in complying with state compulsory education laws while recognizing their right to send their children to religious schools.

One change to New Jersey's charter school law passed the legislature yesterday, while talk mounts that a broader rewrite of the state's 15 - year - old statute governing the semi-autonomous schools may be in the offing.

«The evidence at trial overwhelmingly showed that these statutes promote and support important public interests like attracting and retaining qualified teachers for California public schools while providing objective, fair, and transparent procedures in the event of economic layoffs,» the unions stated in announcing their appeal.

Prior to Act 10, employees could negotiate with their employers to contribute some or all of any statute - mandated employee share of retirement benefits.42 The bill eliminated that option, forcing employees to pay half of retirement plan contributions — which totaled 5.8 percent of teachers» salary for the 2011 - 12 school year — once collective bargaining agreements expired.43 Act 10 also set minimum employee contributions for state health plan enrollment, while in the past, teachers could negotiate for their employers to cover a greater share of costs, potentially in exchange for smaller salary increases.44

TCTA believes that while there may be some cumbersome statutes in the Education Code, state law establishes a baseline of protections not only for teachers, but for students and parents as well.

While the Federal government is primarily responsible for developing, issuing, and enforcing pipeline safety regulations, the pipeline safety statutes provide for State assumption of the intrastate regulatory, inspection, and enforcement responsibilities under an annual certification.

While there are budgetary priorities that need to be advocated for in Washington DC, there are many states that lack complementary definitions in state statute about school libraries and librarians, as well as many states and Local Education Agencies (LEA) that have not been in the habit of funding programs or positions because there was no compelling reason in the law to do so.

Only six states have a shorter time period (three years), while some states have statutes of limitations as long as 15 years.

And while a growing number of state laws restrict the circumstances under which an employer can discriminate against job applicants on the basis of credit history (see endnotes for a list of state statutes), federal law permits employers to use credit history as a basis for denying employment.5

Technicians in the military or naval service of the United States, United States Department of Agriculture, the United States Veterans Administration or the United States Public Health Service, in the practice of such technical procedures in obedience to the requirements of the laws of the United States, while engaged in the performance of the actual duties prescribed under the appropriate statutes of the United States;

The policy change, expected to be authorized soon by Hawaii governor David Ige, who appointed Case to head the Department of Land & Natural Resources in April 2015, states that, «Any dog, cat, or other domestic pet, while being a stray within a small boat harbor, may be seized by officers and employees of the department, or by any other person authorized by law, and shall be disposed of as provided in chapter 183D - 65, Hawaii Revised Statutes.»

While this statute was a smart move for the state at the time, the law is now outdated, doesn't contain an enforcement mechanism and is quite simply not the most effective way to ensure that all animals leaving shelters, rescues and animal control facilities are spayed or neutered.

But efforts aimed at eradication can be successful only if the public is properly prepared first, and even then eradication will likely have to be continuously applied, while at the same time keeping up with the public education campaign and enforcement of state statutes and local government ordinances aimed at reducing the flow of new cats into the wild.

While s. 2702 (b) allows for disclosure with the consent of the sender or recipient of the information, no law and no jurisprudence ensures that «consent» pursuant to state law, especially consent deemed to exist by state statute, will effectively bring a disclosure into subsection (b).

See Brugger, supra n. 141, at 647 (stating that while Tucker's moot court was «no innovation in legal training,» Tucker enjoyed using it); Butler, supra n. 143, at 29 (stating that «with the higher view of preparing students for speaking and writing on legal subjects, it will be useful to exercise their minds by forensic debates in moot courts, and by requiring from them written opinions on questions of law, and readings and dissertations on statutes and other themes, as circumstances permit»); Laub, supra n. 144, at 14 (quoting Reed's letter to the Dickinson College Trustees on a course of study); Barrow, supra n. 148, at 289.

Under New York State laws, the statute of limitations for personal injury is 3 years from the date of injury, while wrongful death claims are within 2 years from the date of death.

While these purposes of statutes of limitations generally apply across the states, each state has its own law that establishes how long you have to act.

If a suspect is not present in a state to be criminally prosecuted, then the options available to a state are (1) to toll the running of the statute of limitations while the suspect is outside the state to the extent permitted by the relevant state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent state to be criminally prosecuted, then the options available to a state are (1) to toll the running of the statute of limitations while the suspect is outside the state to the extent permitted by the relevant state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent state are (1) to toll the running of the statute of limitations while the suspect is outside the state to the extent permitted by the relevant state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent state to the extent permitted by the relevant state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent State Constitution and reads as follows in the pertinent part:

The Court conceded that one of the reasons (but not the only reason) for the disparate approaches in Canada and the United States was that the US Courts were interpreting a constitution, while Canadian courts were interpreting a parliamentary statute — the Canadian Bill of Rights.

Under a particular state statute, rule, or regulation, the state must provide reasonable procedures for providing post-conviction DNA testing and preserving biological evidence while a person is imprisoned.

While only a few states have adopted these exact provisions of the Model Code, essentially all states, through statute, rule, or ethical code, require judges to recuse themselves if their impartiality might reasonably be questioned.

While injunctions against the enforcement of a State rate statute should not be granted by a Federal court except in a case reasonably free from doubt, the equity jurisdiction of the Federal court has been constantly exercised for such purpose.

But Arizona amended its vexatious litigation statute three years ago to apply only to pro se litigants, and while the state isn't unique in that regard, we all should have a problem with this.

While most states do not have a statutory civil theft statute, almost every state and country would allow a civil lawsuit for «conversion» or the equivalent for taking property that does not belong to you for your own benefit (which is a tort).

For example, a criminal code might define law enforcement officer in reference to arrest power, while another statute might used the term for H.R. and licensing regulations, and a third might use a functional definition for eligibility for a certain kind of tax deduction under state law.

While the non-citation rule prohibits citation to any unpublished opinion, judicial notice pursuant to California Evidence Code section 452 (d)(1) may be made as to the «[r] ecords of any court of this state...» On its face, this statute allows judicial notice of any opinion of the Court of Appeal as a record of a court of this state.

While the military commission has not been formally authorized by statute, its jurisdiction as a war court has been upheld by the Supreme Court of the United States.

While their charges are vaguely stated and difficult to comprehend, they allege that that Texas statutes and Texas Supreme Court decisions restrict an injured party's access to our courts and diminish his ability to be fully compensated for the injuries caused by another's negligence.

First, it authorizes «medium - form mergers» (allowing an entity to accept a tender offer for merger and proceed without submitting the merger vote to the owners in certain circumstances), while clarifying the path toward completing conversions (for example, when a Minnesota corporation converts into a Minnesota limited liability company) and domestications (when an entity formed in another state opts to be governed by Minnesota business statutes, such as the Minnesota Business Corporations Act or Minnesota Revised Limited Liability Company Act.)

From looking at all of the statutes and penal codes there is nothing that specifically says that it is illegal to drive while barefoot in the state of California.

Though not in the divorce statute, the courts in the state have found that a spouse may be abandoned, even while still sharing a home with their husband or wife.

While you might think a state would want the laws it passes widely disseminated, the reality is that Oregon makes money licensing its statutes to publishers.

The tribunal referred to Ontario (Human Rights Commission) v. Etobicoke (Borough), [1982] 1 S.C.R. 202, where the court first stated the principle that while any person can, in general, contract to waive the benefits conferred on him by statute, Parliament may impose statutory conditions in such terms that they can not be waived by agreement.

Also, while in theory, a lack of paternity shouldn't affect parental responsibility decisions in states like Colorado where the statute says as much, in practice, it does impair your likelihood of being awarded parental responsibilities and a finding a non-paternity adds another person with standing to assert parental responsibilities into any parental responsibility proceeding.

«While federal laws are presumed not to preempt state laws, courts do not invoke that presumption when the federal statute contains an express preemption clause.»