Sentences with phrase «federal case law did»

Not exact matches

Since the new law didn't include any new federal funding for implementation, states in many cases were scrambling for state funds to fulfill the required items, let alone find money for anything not explicitly required.

But the company, Spectra Energy Corp., said former federal Conservative government house leader Jay Hill's role in the discussions about those laws has probably been very minor and, in any case, represents just part of the work he does for the company.

In case you missed it, our Laws expressly forbid the use of the American Military to enforce U.S. civilian law, whether Federal, State or local, yet the Government does it with impunity at will.

That wasn't even Olson's case, but with assists from a federal district court judge who came out as being in a same - sex relationship only after ruling and retiring, and elected officials who chose to forgo their traditional duty to vigorously defend state law, Olson and Boies did succeed in disenfranchising millions of Californians on a procedural technicality.

The justices on the current Court will do the real work of jurisprudence if they draw on the briefs, take the time to set forth the evidence, and show why the state or the federal government has a compelling case for casting around infants in the womb the full protection of the law.

In the particular example of laws regarding marijuana, there is a federal law banning its possession or sale in most cases, but some states do not impose a state law against it.

The U.S. Justice Department has filed court papers in a New York case arguing that a major federal civil rights law does not protect employees from discrimination based on sexual orientation, taking a stand against a decision reached under President Barack Obama.

The attorney general's office records do not break down the cases by specific categories of offense because they are all related to harassment, discrimination and abuse based on gender and all were brought under the same federal civil rights law.

The existing case law doesn't involve federal elections.

The turn in court comes after Ms. James had previously called on the city's lawyers represent, pro bono, children facing deportation cases in the federal government's surge docket, and had promised to do so herself after a refresher on family and immigration law.

The governor said federal laws provide prosecutors with more tools to handle corruption cases than do state laws, and district attorneys often turn their cases over to the feds.

«It's just surreal,» said Jaron Benjamin a week after the conviction of former Assembly Speaker Sheldon Silver and on the day of closing arguments in the federal corruption case against former Senate Majority Leader Dean Skelos, knowing that those cases may have been bolstered by work he did years ago in the fight to strengthen the state's rent laws.

«The federal law you cited concerns those doing the work, which in this case are the brokers, not the affiliated banks that operate independently,» said Rich Azzopardi, a Cuomo spokesperson, echoing the banks» view.

Opponents of campaign - finance laws hope that the case argued Tuesday — McCutcheon v. Federal Election Commission — will carry on the work the justices did in Citizens United in 2010, when they struck down as unconstitutional a ban on corporations making independent expenditures in elections.

Saipov was interviewed in 2015 by federal agents about possible ties to suspected terrorists, but the agents did not have enough evidence to open a case on him, laws enforcement officials said.

That's the case that could cripple the law, especially in the 36 states that aren't subsidizing health care on their own, but letting the federal government do it.

But NYPD lawyer Oleg Chernyavsky said even with an additional local law, people would still have to bring their cases to state or federal court — something they already have the ability to do.

The judge dismissed the suit because, he said, the case does not fall under the federal National Labor Relations Board Act but, rather, Puerto Rico's collective - bargaining law.

If parents are responsible for their child's education under Utah case law, at what point does a given district becone responsible for proper special education placement under IDEA federal law?

In cases where the client does not have all services provided by the NAADATP provider, the contract spells out what additional services need to be performed for the employer to be in full compliance with any applicable federal regulations, state laws, and best practices.

In a Chapter 7 case, the most common type of personal bankruptcy, the court doesn't allow an individual to keep their assets, but most exemptions allowed under state and federal law are large enough to cover a secured debt such as a house mortgage a car loan.

Federal law does not allow the discharge of student loan debt in a bankruptcy case, except with a showing of «undue hardship.»

Even after the Ministerio Publico Federal (the Federal Prosecutor Bureau) declared that no crime had been committed in any of the above - mentioned cases and issued a technical note clarifying that nudity and representations of sexuality are permitted in cultural and artistic exhibitions, the consequences continue to unfold: the state of Espirito Santo has passed a law prohibiting the exhibition of photographs, texts, drawings, paintings, films and videos containing nude scenes or references to sexual acts in public spaces; city councilors of the state of Rio Grande do Sul are currently trying to ban books in public libraries that, they argue, expose children to «permissive ideologies, [detrimental] to the formation of character.»

UCLA's Carlson said that the defendants will continue to file motions to dismiss the case citing different arguments — that the court doesn't have jurisdiction in such a case, for instance, or that the defendants don't have standing, or that federal law doesn't provide any recourse in such a lawsuit.

In fact, the top legal research app for Android users didn't include any case law and only offered extremely limited access to state and federal statutes.

3) Question: I feel like the judge's law clerk — not the judge — is doing all the work and making all of the decisions in the federal race discrimination case I brought.

The Court's reference (Tsilhqot» in at para 136) to R v Marshall, [1999] 3 SCR 533 as support for the proposition that interjurisdictional immunity does not apply where provincial legislation conflicts with treaty rights is also puzzling, as the applicability of provincial law was not at issue in that case — Marshall involved a prosecution under federal legislation, the Fisheries Act.

The article notes a recent Supreme Court case, Board of Education v. Tom F. that let stand a decision permitting a wealthy parent to obtain reimbursement for private school education under federal law, even where the parent did not give the public school an opportunity to address the child's needs and immediately places the child in private school.

«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.»

Under California law, a plaintiff can not be required to produce copies of federal or state income tax returns in cases that do not specifically concern matters of tax law.

Beyond the attempted extortion of University of Louisville men's basketball coach Rick Pitino, which led to a seven - year sentence for Sypher, the case provides the LBW practice tip of the day: When briefing a legal issue in federal court, do not simply copy your statement of the law from a page on Wikipedia.

Did you know that you won't be able to understand the meaning of a statute by the plain meaning of the printed words, but may need to consult the regulations to the statute, the federal or provincial Interpretation Act and an unorganized body of case law?

Nonetheless, it does provide iPad access to a free law library incorporating case law for all 50 states and access to statutes for most states and the federal government.

Though Berman doesn't believe that a Supreme Court decision recognizing a Second Amendment right to possess firearms would invalidate the federal felon gun possession law, he does foresee that it could lead to litigation in marginal cases — e.g. where an individual convicted of a non-serious felony might want to possess a handgun in the home.

However, they do not have jurisdiction to hear cases in which only federal law is breached, as this is reserved to the federal courts.

«Thanks to the federal government, who has done nothing on this issue other than pass the Indian Act, there is no over-arching legislation that provides certainty in relation to acquisition of consent, unless the band and the collective self - identify,» said Charles Willms, chairman of Fasken Martineau DuMoulin LLP's Vancouver aboriginal law practice, speaking at the panel, Key Legal Cases in Canada: The Current Landscape.

The case law indicates that the merging of the Small Claims Court into the Ontario Court (General Division) in the 1990s did not invest the provincially appointed court with s. 96 powers (Domtar Commercial Roofing and Insulation v. Exeter Roofing & Sheet Metal Co., 1993 CanLII 5563 (ON SC)-RRB-, and it is likely that only federal legislation could do so since s. 96 courts had jurisdiction over copyright matters in 1867.

The biggest problem facing the ongoing Oracle v. Google retrial is that Judge Alsup doesn't seem to have swallowed the fact that the IP - specialized Federal Circuit found it hard to believe how one could get copyright law as wrong as he did in this case («confused» is what one of the appellate judges said at the December 2013 hearing).

I was doing mostly general commercial litigation, and then in my last six months, I had a litigation case involving the federal securities laws.

By way of explanation, JUSTICE O'CONNOR advises the federal agencies and private parties that have made countless decisions in reliance on those cases that «we do not depart from the fabric of the law; we restore it.»

The utter confusion to which recent Supreme Court case law leads was recently demonstrated in Alberta (Health Sciences Association) v Siksika Health Services, 2016 CanLII 104568 (AB LRB), The Board finds that the service offered is the exercise of a treaty right, but even that doesn't make the activity federal.

Good evening, I am inclined to say i am none of the above, just a mother of two beautiful children and in one case my twelve year old her father has been in the Federal penile system for eleven years and my youngest her father was charged with conspiracy to traffic and they offered him aplea of 10 - life but just to give you reconition for help the poor, forgotten, and those who don't have the access to gaining knowledge about the law and the guidelines as well as new laws.

In Nigeria's case, the existing federal statute (the Arbitration and Conciliation Act (Cap A19, Laws of the Federation of Nigeria, 2004)-RRB- is based on the Model Law, but there is a generally held view among arbitral practitioners that the present law (which is a re-enactment of a piece of legislation passed in 1988) does not meet modern best practice standarLaw, but there is a generally held view among arbitral practitioners that the present law (which is a re-enactment of a piece of legislation passed in 1988) does not meet modern best practice standarlaw (which is a re-enactment of a piece of legislation passed in 1988) does not meet modern best practice standards.

There is not binding case law in all parts of the United States on the incorporation of the 3rd Amendment on quartering soldiers under the 3rd Amendment (but this is not a big deal since there are very few soldiers who don't count as federal who seek to be quartered in someone's house and there are other incorporated rights which overlap with this one like the 5th Amendment eminent domain rights that overlap with the protections of the 3rd Amendment, and because many state constitutions contains 3rd Amendment protections anyway).

Other than a direct appeal from a state supreme court to the U.S. Supreme Court, or a direct appeal from a state supreme court of a collateral attack on a state conviction, a federal habeas corpus action is the only chance someone convicted of a crime has to show a federal government official that state officials did not comply with federal law and the U.S. Constitution in their criminal case.

In cases where a complaint involves a US Federal law, like the Privacy Act of 1974, does the petitioner need to file the complaint first in a local (state) court, or can the petitioner file immediately in a Federal district court and skip the state court?

Constitutionalism, for instance, means that the province can not prevent litigants from asserting constitutional claims (the very issue decided in Amax Potash and Air Canada), which the hearing fees will do in some cases, or for that matter from asserting their claims under federal law, which they will do in others.

We do not interpret Constitutional case law as supporting the view that a federal agency's review of information pursuant to statutory mandate violates the Fifth Amendment protections against forced self incrimination.

What a careful observer notices from monitoring SPC media is that those involved with reform of discrete areas of Chinese legislation and judicial practice continue (in the pre / post 19th Party Congress era) to look at US federal / state law (and other foreign law) structures and practices, including: use of mediation in federal appeals cases; bankruptcy practice; reform of Chinese nuclear safety legislation to broaden the scope of information released to the public, that is in specific areas that do not involve basic principles of the Chinese courts.

There is good basis to believe the Department of Justice lawsuit may fail... The Arizona law does not necessarily preempt the Federal government; rather [it] sets the state and local government as enforcers of what is already available, and on certain cases, mandatory under immigration law.»