Sentences with phrase «challenging state statutes»

Since the park districts are challenging state statutes, Daniel White, director of the Chicago office of the Illinois State Board of Elections, said any ruling in the case could have a statewide impact.

«Mike's exceptional experience after more than two decades with some of the elite labels in the spirits business will be a great asset to our team,» said Mr. Graff, who has served as counsel to wholesalers in litigation across the United States, challenging state statutes prohibiting the cross border shipment of alcohol beverages.

In Judge Treu's 16 - page decision, he broke down the rationale for his decision on each of the challenged state statutes:

This Court has announced a three - part test for determining whether a challenged state statute is permissible under the Establishment Clause of the United States Constitution:

Not exact matches

They're challenging a 2011 state statute, backed by the gun lobby, that outlines penalties for elected officials who try to enact local gun laws, including a $ 5,000 fine and the prospect of being removed from office.

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 Browns plan to challenge the state's anti-bigamy statute Wednesday, when attorney Jonathan Turley files a complaint on behalf of the family's fight for the rights of «plural families.»

The rational basis test is always applied first when a state or federal statute is challenged as a violation of the Fourteenth Amendment Equal Protection Clause.

The court of appeals handles all appeals except those in the supreme court's exclusive jurisdiction: challenges to the validity of a United States statute or treaty, the validity of a state constitutional provision or statute, cases requiring construction of revenue laws, the title to state office and cases where the death penalty is imposed.

The Connecticut Republican Party challenged (PDF) Secretary of State Denise Merrill's decision to list Democratic candidates first on the ballot this year, arguing that it violated a statute mandating that the party whose candidate for governor got the most votes in the last election gets to be listed first in all ballots.

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.

New York's controversial receivership law that allows for the takeover of failing public schools withstood a court challenge by the teachers union, with a state Supreme Court judge this week rejecting a number of arguments aimed at deeming the statute unconstitutional.

Legal challenges are possible A Democratic official in the state Legislature agreed, saying that the 2008 statute indicates that the state's status in the program is permissive, not mandatory.

The Energy and Environment Legal Institute (EELI) challenged the statute, contending that out - of - state, nonrenewable energy companies that sell on the Colorado power grid could lose business.

Yet the court reasoned that it is the administrative decisions of district leaders — rather than the challenged statutes — which bear the ultimate responsibility for how teachers are distributed across the state.

We see waivers on a variety of policy issues to accommodate implementation challenges, state - specific statutes or constitutional requirements, or to encourage innovation and new ideas.

Plaintiffs» equal protection claims assert that the Challenged Statutes violate their fundamental rights to equality of education by adversely affecting the quality of the education they are afforded by the state.»

As a reminder, plaintiffs included nine public school students (backed by some serious corporate reformer funds as per Students Matter) who challenged five California state statutes that supported the state's «ironclad [teacher] tenure system.»

The case supported by Students Matter, Davids v. New York, challenges several job protections embedded into state statute, including «last in, first out,» which generally requires districts to lay off teachers in reverse seniority order.

Citing two earlier cases that forced changes in state laws regarding students» rights to quality education through money spent and time of instruction provided, as well as evidence in Vergara, he said the plaintiffs «have proven, by a preponderance of the evidence, that the Challenged Statutes impose a real and appreciable impact on students» fundamental to quality of education and that they impose a disproportionate burden on poor and minority students.»

PEJ is currently working with parents and students in New York, Minnesota, and New Jersey in support of legal challenges to unjust teacher employment statutes in those states.

Another challenge we have found was that the PCSB's enabling statute states that it can not mandate all EC schools to adopt the same assessment.

Plaintiffs called their final witnesses in Vergara v California today, putting on the stand two experts who offered testimony designed to show negative consequences of the state statutes under challenge.

The lawyers for the state and teacher unions mounted strong counter arguments, that the challenged statutes are not the problem.

The North Carolina Association of Educators filed suit, challenging the statute on both state and federal grounds.

On July 28th, 2014, seven brave families filed complaint with Supreme Court for the State of New York in Albany County specifically challenging these statutes:

Villaraigosa also fought for teacher tenure reforms, backing the plaintiffs in the Vergara case, which challenged the constitutionality of state tenure and layoff statutes on the grounds that they harmed low - income students.

Class v. United States, No. 16 - 424, holding that a guilty plea, alone, does not bar a federal criminal defendant from challenging the constitutionality of the statute of conviction.

We also regularly represent insurance companies and industry trade associations in administrative law, constitutional and preemption - based challenges to statutes and regulations at the federal and state levels.

Using that statute to challenge physician non-competes that were signed prior to July 12, 2016 arguably would seek to give the statute improper retroactive effect, and may also run afoul of state and federal constitutional law principles.

The very next day, the United States Supreme Court confirmed the overbreadth doctrine as it applies to statutes, but said that Due Process vagueness challenges do not apply...

This appeal challenges the constitutionality of the «anti-evolution» statute which the State of Arkansas adopted in 1928 to prohibit the teaching in its public schools and universities of the theory that man evolved from other species of life.

Her practice involves a variety of business and government - related disputes, including labor and employment litigation, challenges to state statutes, finance issues, public records and Sunshine Law claims, and bid protests.

HB 2798 Provides where there is a challenge to a state statute as being unconstitutional, the District Court is to sit as a three judge panel.

The Eleventh Circuit vacated the lower court's opinion, holding that the organization lacked standing because its claim was not redressable, as the organization only challenged the canon, and not a state statute that also allowed a party to disqualify an impartial judge based on the same standard as the canon.

In many instances, Randy's cases have involved direct challenges to state motor vehicle franchise statutes, and he has successfully argued several cases before state supreme courts that have involved challenges to the constitutionality of those statutes.

Successful prosecuted claim for $ 150 million tax refund based on challenge to constitutionality of state bank tax statute and secured passage of new tax statute

Jones v. Flowers, 373 Ark. 213 (Ark. 2008)(established, on remand from a U.S. Supreme Court victory in a constitutional challenge to state tax foreclosure procedures, that attorney's fees may be recovered under federal civil rights law even when the plaintiff's original complaint did not cite the federal statute)(briefed, co-counsel)

(«We have always held that the constitutionality of a State statute may be tested only by one personally aggrieved thereby... an unaggrieved citizen - taxpayer, such as appellant, lacks standing to challenge a statute's constitutional validity.»)

Thanks to this post by Eugene Volokh, I see that the Louisiana Supreme Court issued an interesting and important unanimous decision earlier this week upholding a state gun crime statute against a facial state constitutional challenge.

I find nothing in the Constitution depriving a State of the power to enact the statute challenged here.

We also have significant experience in administrative and other regulatory litigation, including agency rule challenges, regulatory investigations under state and federal false claims acts and unfair trade practice statutes, and defending clients in related individual and class action civil suits.

Because California statutes and state rules of court frequently present unique challenges for corporate defendants, the Los Angeles litigation group has teamed with its counterparts in K&L Gates» San Francisco, Palo Alto and Orange County offices to organize a California litigation practice that offers niche competencies in addressing special challenges such as California Unfair Competition Law (Section 17200) lawsuits.

The lawsuit challenges the collection costs charged to the GSEs, stating there is not a provision in the Nevada Revised Statutes to permit HOAs to authorize third party debt collectors to assess and charge the government owners, Fannie Mae and Freddie Mac.

A Nebraska federal court rejected a facial challenge to the constitutionality of the state's long - arm statute in the state's attempt to regulate a California broker who was placing Nebraska property listings on Realtor.com.

The court found that the RIAR could challenge the constitutionality of the statute because the current Attorney General had not stated his intentions about prosecuting anyone under the statute and the court believed that RIAR's proposed use of the public information to solicit members and to market its services would likely violate the statute.

The State claimed that RIAR could not challenge the statute because it was not being prosecuted under it.