Sentences with phrase «by federal statutes in»

Not exact matches

The Dodd — Frank Wall Street Reform and Consumer Protection Act is a federal statute in the United States that was signed into law by President Barack Obama on July 21, 2010.

As a federal court stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.»

In about 30 states, religious actors can challenge even generally applicable laws by using religious freedom statutes (modeled on the federal Religious Freedom Restoration Act) or state constitutional rulings.

The Federal Rules of Criminal Procedure (Rule 26) provide that in the absence of statute or rule, the court shall follow «the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience.»

The Federal Rules of Civil Procedure (Rule 43) provide that the competency of a witness to testify is to be determined by statute, precedent, or the law of the state in which the case arises.

In the event you fail to pay for the access granted (if applicable), and / or share the access granted with any person or entity, or misuse the Service by any means actionable under a federal, state, or local statute, code, regulation, law, and / or civil action, we will consider your access as having been acquired by fraud or misrepresentation and will terminate your access.

The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.

By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.

@K Dog: but Jeb Bush was not required by federal statute to do it (or rather, to arrange to have it done) in precisely the way he chose to do it.

But the state Republican party filed a complaint with the SEEC in late 2014, saying the Democratic Party violated the clean - elections statutes by taking advantage of the federally regulated account's ability to accept contractor contributions under federal election laws that are less restrictive than Connecticut's.

The California law, adopted first, faced two court challenges from SOCE practitioners on the grounds that it violated their free speech rights, but last August a federal appeals court upheld the statute, distinguishing between the rights practitioners enjoy to advocate for the practice in public debate and the limitations on the therapeutic practices they can employ in their professional conduct governed by state licensing.

Similar lawsuits filed by Nader earlier in federal court were defeated by the federal statute of limitations, but Maine has a six - year statute of Read more»

When they are representing a client in a matter such as an initial public offering in which confidentially is guaranteed by federal statute, they will submit the full names to a «locked box» maintained by the Office of Court Administration that will be opened at a later date.

State Sen. Cathy Young (R - Olean), chair of the Senate Finance Committee, is sponsoring a bill that would codify the federal definition of sexual harassment in state statute, prohibit secret settlements by public entities and prevent mandatory arbitration in instances of sexual harassment.

As expected former state Senate Majority Leader Joe Bruno's attorneys have filed an appeal of his January 2009 indictment on federal corruption charges, arguing in part that the theft of honest services statute under which he was convicted has been invalidated by the US Supreme Court.

Green was joined by grandmothers of two of the young black men rounded up in the federal sweep and sentenced under the RICO statute.

Bruno was convicted on two felony charges in December 2009, but the Supreme Court retooled the statute used by federal prosecutors against him, triggering a second trial that ended with his acquittal.

The term «water law» in the Colorado River basin has come to refer to a monstrous volume of federal statutes and agreements, court precedents and state laws and regulations that can differ from place to place and have changed incrementally over the years but are structured by the interstate agreements to divide the river.

Last December, Australia sent the Ocean Viking to monitor Japan's whaling fleet in Antarctica and by late January, an Australian federal court had ruled that it was illegal for Japanese to whale within 200 nautical (230 statute) miles of their Antarctic territory.

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

The experience in the 1950s and 1960s definitely led to the prohibition of such efforts in federal statutes — prohibitions that the Obama administration has violated in recent years by endorsing national curriculum standards and funding national tests and national curriculum frameworks together with related teaching materials and lesson plans.

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.

In reviewing requests for additional data, consideration is given to access permitted by statute and federal law, privacy concerns, security procedures, the availability of staff to monitor the data release and the perceived benefits.

«By statute, [CALPADs] comprises only the data that the federal government requires [California] to collect, so it's not a comprehensive data system [and there are] a lot of weaknesses in it,» said David Plank, head of the research group Policy Analysis for California Education, or PACE.

A state or federal requirement, imposed by statute or rule, applicable to an open - enrollment charter school operating under the TEC, Chapter 12, Subchapter D, including, but not limited to, the requirements listed in TEC Section 12.104 (b), and in the following Education Code statutes:

Signed into law by President Bush in January, this significant new federal statute calls for a dramatic expansion of state - level achievement testing in math and reading at grades 3 - 8.

Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 601 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken.

A post-crash investigation conducted by FMCSA safety investigators found the company to be in violation of multiple federal safety statutes and regulations including:

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

The Credit Card Accountability Responsibility Disclosure Act of 2009, also known as the Credit CARD Act, was a federal statute signed by President Obama in 2009 with the intent of providing transparency as well as fairness to the credit card lending industry.

here» t the thing: as a practical matter, Chase does not have to advertise that customers have the right to opt out in a fashion that preserves their payment schedule and interest rate, even if they do or did have that right by either federal or state statute.

(3) Notwithstanding any other provision of this chapter to the contrary, if the administrator finds that an immediate danger to the public health, safety, or welfare requires adoption of a regulation upon fewer than 35 days» notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a regulation upon fewer than 35 days» notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency regulation.

The 2003 change in administrative statutes established the Prado as an autonomous entity, still funded by the federal government but freed from direct supervision.

In the meantime, cannabis sativa and indica remain prohibited by federal statutes because science.

For instance as some of you may be aware of, a statute can be embedded in another statute and a provincial regulation can be enabled by a federal Act.

The Federal Court agreed, holding that the official had, by limiting his decision in advance and in a manner not consistent with the legislative purpose, unlawfully fettered the broad discretion granted to him under the statute.

A federal statute defines «crime of violence» as «(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or «(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.»

Citing its holding in Link v. Wabash R. Co., 370 U.S. 626 (1962), the High Court conceded that federal courts possess certain «inherent powers,» not conferred by rule or statute, «to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.»

In this single case, and never since, the Illinois Supreme Court ruled that the protections offered by the Illinois long - arm statute and Illinois due process exceeded those of the federal due process clause under the Fourteenth Amendment, and that for the Illinois courts to assert personal jurisdiction over the officer on these facts was «not fair, just, and reasonable.»

This collection of essays examines the shifting legal landscape of federal claims by foreign plaintiffs in the federal courts and focuses on the most common statutes invoked by foreign plaintiffs, as well as the threshold issues of personal jurisdiction and pleading standards that govern such suits.

A new common penalty system for criminal offences created by federal environmental statutes was introduced in the Environmental Enforcement Act (the legislation that enacted the Environmental Violations Administrative Monetary Penalties Act).

Shorter still is the 30 - day statute of limitations if your case is dismissed by another court (in another state or a federal court) for lack of jurisdiction.

It makes unnecessary the two step analysis of the applicability of provincial laws suggested by s. 88 of the Indian Act, RSC 1985, c I - 5 (at least so far as provincial laws are claimed to apply to «Indians» rather than «lands reserved») and the Court's decision in Dick, [1985] 2 SCR 309 — in fact we don't need s. 88 any longer since there are no longer any inapplicable provincial laws that need to be made applicable by operation of a federal statute.

It has become the common statutory pattern in the United States for a statute establishing an administrative agency to provide that any wilful violation of the rules adopted by the agency constitutes a federal felony.

Katz had been convicted on a multiple count Indictment of transmitting illegal gambling wagers by telephone from Los Angeles to Miami and Boston in violation of a federal statute.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's foFederal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's fofederal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

Suppose there is a US federal regulation that asserts a particular interpretation of a statue (in particular, that a certain class of documents is included among those designated by a phrase in the statute).

«My goal for the web site,» O'Connor wrote in an e-mail to me, «is that someone who wants to keep up with current federal statutory - construction case law (what statutes are being construed, which arguments judges are accepting or using, etc.) would be able to do so by checking this web site for 5 - 10 minutes every week or two.»

A child's «home state» is defined by statute by a coordinated definitions set forth in parallel laws at the state (the Uniform Child Custody Jurisdiction And Enforcement Act in 49 states) and federal (the Parental Kidnapping Prevent Act) level.

By way of an example from the political arena, in the same paper in which the argument for a Charter challenge was laid out, my co-author and I included a draft federal statute.