Sentences with phrase «challenging the statute on»

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

In the First Amendment context, we permit defendants to challenge statutes on overbreadth grounds regardless of whether the individual defendant's conduct is constitutionally protected.

Not exact matches

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.»

Cook County Circuit Judge Anthony Scotillo ruled in December that the Northfield Park District had waited too long to challenge the land transfer, west of Waukegan Road on the north and south sides of Willow Road, and that the statute of limitations had expired.

The US Supreme Court has ruled on the first of three pending cases challenging the Honest Services statute under which former Senate Majority Leader Joe Bruno was convicted back in December.

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 members involved were selected at random in a ballot; it might have seemed like winning the lottery at the time, but they now face a tough challenge in forcing their way on to the statute books.

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.

Courts tend to defer to federal agencies on interpreting statutes like Dickey - Wicker, and the fact that the HHS interpretation has been consistent and wasn't challenged in court until now may weaken the plaintiffs» case.

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.

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.

It found «that the Challenged Statutes impose a real and appreciable impact on students» fundamental right to equality of education and that they impose a disproportionate burden on poor and minority students.»

The Minnesota Supreme Court upheld a busing statute allowing private school students to ride on public school buses against a challenge brought under one of Minnesota's Blaine Amendments (Article XIII, Section 2) because the program's primary purpose and effect was neither to benefit nor support religious schools, despite providing incidental and indirect encouragement of private school attendance.

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

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.»

Ted Boutrous, the plaintiffs» lawyer, responded by telling the court they have provided overwhelming and compelling evidence that demonstrates the challenged statutes impose a «real and appreciable» impact on students» fundamental right to an education.

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.

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.

If First Sale rights, or a similar legal doctrine, is recognised in case law or statute as covering ebook sales, there could be interesting consequences, particularly if DRM is also challenged on similar grounds.

Holding corporations legally accountable for climate change is a tough challenge because of regulatory and jurisdictional issues, statutes of limitation, the difficulty of assigning specific damages to any one company, and fossil fuel companies» arguments that they acted prudently based on their assessments of risk at the time.

Some motorists such as Dean Winton have successfully challenged «flashing your lights» tickets in court by arguing that this statute is clearly «aimed at stopping motorists from operating flashing lights to imply they're driving official or emergency vehicles» — not at people who flash their headlights to warn of a speed trap (or, I would imagine, to inform an oncoming driver that his high beams are on).

I also want to comment on your statement, «Although organizations like CanLII have done a wonderful job making newer case law accessible and searchable, it can be incredibly challenging for even highly educated laypeople to separate the wheat from the chaff and find relevant case law illuminating and elucidating the text of statute law.»

The language of the statute means once the insurer puts forth a credible argument challenging the settlement allocation, the judge must take evidence on that issue, permit cross-examination by the insurer, and must permit the insurer to present its own evidence.

Challenges are often legal in nature — piercing the corporate veil, a statute of limitations, conflict of laws, finding a forum in which to be heard — but increasingly public governance issues and lack of robust regulatory oversight are also on the playing field.

And it is apparently a very strong presumption, demonstrated by how the Court described the onus on an applicant seeking to challenge the statutory interpretation given by a decision - maker to its home statute (at paras 40, 41):

Another income tax statute in 1894 was overturned in Pollock v. Farmers» Loan & Trust Co. in 1895, where the Supreme Court held that income taxes on income from property, such as rent income, interest income, and dividend income (however excepting income taxes on income from «occupations and labor» if only for the reason of not having been challenged in the case, «We have considered the act only in respect of the tax on income derived from real estate, and from invested personal property») were to be treated as direct taxes.

In a 5 - 4 ruling, the Court held that the statute unambiguously requires the PTAB to rule on all challenged claims, not just the claims as to which the PTAB institutes trial, and that the USPTO lacks discretion to implement rules and procedures to the contrary.

Theses rulings will impact standing concepts and jurisdictional challenges, liability under the WARN and the ERISA, appeals of class certification decisions, challenges to EEOC administrative subpoenas, and rules on American Pipe tolling and application of statute of limitations in class actions.

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.

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

The plaintiff in the challenge had been issued patents in the late 1970s based on an application from 1959, but on the eve of jury trial in 1982, the case had been continued pending a reexamination under the new statute.

On October 27, 2015, the Ontario government introduced Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 which, if passed, would amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters.

In cases where the argument on appeal is simply a challenge to the duration of imprisonment, we have consistently held that the sentencing statutes define the outer boundaries of the bell - shaped curve of reasonableness.

In a petition for a post grant review, the petitioner must by statute (i) identify all real parties in interest; (ii) identify all claims challenged and all grounds on which the challenge to each claim is based; and (iii) provide copies of evidence relied upon.

The statute was clearly retroactive — it was not a tort, prior its enactment, to cause the government economic damage by selling tobacco, and this retroactivity was one of the grounds on which it was challenged, the argument being that it violated the principle of the Rule of Law.

[21] While the citizen must have an opportunity to challenge the constitutionality of a statute, «fair [ness] to the legislature» means that the government must be able to defend it, and «fair [ness] to the court» requires that it have «a reasonable record on which to exercise this important component of its jurisdiction.»

It confirms the worry that Sonia Lawrence expressed in the wake of the Supreme Court's decision in Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101, and that I have been dwelling on ever since, that mounting a constitutional challenge to a statute may be becoming prohibitively complex and expensive.

The court's decision to take on the legally dubious King v. Burwell case, she writes, positions the court on «the front lines of a partisan war,» and puts «not only the Affordable Care Act, but the court itself» in peril.Greenhouse contrasts this case with the previous challenge the court took up to Obamacare, pointing out that this time what's in question isn't the constitutionality of the law, but its statutory interpretation — what did Congress intend and did the government interpret and implement the statute correctly.

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)

Mr. Washington argues that the statute allows law enforcement officers to seize and hold vehicles based on an officer's probable cause determination for up to six months without judicial oversight and without allowing individuals the opportunity to challenge that seizure and deprivation — in other words without a post-seizure, pre-forfeiture hearing.

For me as Social Justice Commissioner, specifically charged by statute to report on the effect of the Native Title Act upon the human rights of Indigenous Australians, the challenge is to develop a framework that recognises the distinctiveness of Indigenous identity as it is shaped by our adherence to traditional laws and customs, while at the same time seeking to maximise the capacity of native title to contribute to the economic and social development of traditional owner groups and the communities they live in.

This case is a continuation of a long - running challenge, on First Amendment grounds, to an Illinois criminal statute that prohibits certain real estate solicitation activities.

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.