Sentences with phrase «federal constitutional issue»

On recent redistricting fireworks in Pennsylvania — which are being decided under that state's constitution, and thus do not directly affect the federal constitutional issue or the situation in other states — see Nate Cohn, Matthew Bloch and Kevin Quealy, New York Times and Dave Wasserman, Cook Political Report.

Federal Judge Nina Gershon ruled in favor of the Brooklyn Museum, and wrote,» There is no federal constitutional issue more grave than the effort by government officials to censor works of expression and to threaten the vitality of a major cultural institution as punishment for failing to abide by governmental demands for orthodoxy.»

You have in your packet a blue sheet that gives you the order of the day, so I won't belabor that too much, but I will just remind you that we're going to start out with a session on history this morning; then go to a lunchtime segment that will focus on some of the relevant federal constitutional issues, including evaluations of the federal attacks on and defenses of the Blaine amendments; then we will finish off the day with a session that will focus on litigation strategy related to these amendments and some of the arguments being made for and against them in that litigation, as well as a focus on how debates over faith - based initiatives and school vouchers are affected by these particular state constitutional restrictions.

Stated differently, the Supreme Court is not free to accept without analysis the conclusions that state courts and state law proclaim with respect to the boundaries of property rights or the limitations thereof when the decision on those questions implicates or undercuts important federal constitutional issues.

That's fine for some work, but not state or federal constitutional issues, research in jurisdictions with limited jurisprudence, and almost all common law issues.

Not exact matches

In general, based on the 2003 interview, it doesn't look like Santorum knows how to talk or think about this issue very well; he doesn't, for example, appear to know how to distinguish the three levels of the right to privacy debate: a) the natural rights level, b) the Constitutional level, and c) the plain - old law level, state and federal.

At the Constitutional Convention the delegates rejected a proposal that would give the federal government the right to issue corporate charters, the general view being that corporations were a dangerous institution leading to monopoly and, worse, aristocracy.

When confronted with federal constitutional arguments by the State based on the Smith decision, the Minnesota court deftly sidestepped the issue.

The charges were dropped but the case went to federal court to resolve constitutional issues.

However, there is an extant constitutional issue regarding whether such units may be called into the federal armed services.

UFT members from Districts 13, 14 and 17 as well as high schools from those areas heard UFT President Michael Mulgrew speak about the proposed federal education budget cuts, the attack on unions by far - right privatization advocates, the dangers to hard - won benefits if a state constitutional convention is held in 2018 and other pressing issues.

Also in this issue: A look back at what the Obama administration's signature education reform got wrong, with lessons learned to guide states and districts in refining their teacher evaluation systems, and a warning on the limits of federally - led school reform; a proposal for how to redesign education research under the Every Student Succeeds Act; and a debate on whether there is a federal constitutional right to education.

Characterizing its practice as a «general practice for a specialized clientele,» the firm provides legal advice and expertise to handle any and all needs of a school district, including fair dismissal personnel issues, allegations of employment discrimination and EEOC complaints, other personnel disputes, student discipline issues, student tribunal hearings, civil rights claims, personal injury actions, federal and state constitutional claims and other litigation, special education and other legal issues involving disabled students, contracts, leases and other business needs, policy and rule development, construction disputes, bond and SPLOST issues and other financial matters.

Providing a general law practice for a specialized clientele, Harben, Hartley & Hawkins meets all of the legal needs of school districts including: fair dismissal personnel issues, allegations of employment discrimination and EEOC complaints, other personnel disputes, student discipline issues, student tribunal hearings, civil rights claims, personal injury actions, federal and state constitutional claims and other litigation, special education and other legal issues involving disabled students, contracts, leases and other business needs, policy and rule development, construction disputes, bond and SPLOST issues and other financial matters.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

But those who follow the issue, and I know that that's most of you in this room, knew that that decision, while it closed one battleground — and that was a battleground over the federal Establishment Clause in the United States Constitution — it also threw the spotlight on a remaining battleground, and that is the battleground over state constitutional restrictions on government aid for religious institutions.

In this capacity, Mr. Geier has been responsible for developing DOT's positions in numerous Supreme Court and lower federal court cases that have included a wide range of constitutional and administrative law issues as well as regulatory challenges.

In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91).

The Litigation Center also regularly participates in cases that present important constitutional questions regarding the separation of powers, due process rights, unreasonable searches and seizures, property rights, federal preemption under the Supremacy Clause, free speech, and many other issues.

Topics in the 2016 Edition include: Special Considerations in Representing Noncitizen Defendants, Federal Firearms Offenses, International and Foreign Law, Crime in Indian Country, Federal Sex Offenses, Common Constitutional Issues that Arise During Trial, International Border - Crossing Offenses, Mental Health Issues in Federal Criminal Practice, Evidence, Prosecutorial Misconduct, Plea Agreements, the Federal Bureau of Prisons, and more!

He handles all issues relating to the constitutional rights of public employees under the Fourteenth Amendment to the United States Constitution and federal and state statutes.

At a meeting with the provincial premiers held in July of this year, the Prime Minister stated that he would issue an invitation to them to attend a conference to discuss the possibility of adopting a constitutional Bill of Rights bundling on both the federal and the provincial governments.

I almost landed in another federal agency's appellate office that practiced a very narrow issue before federal circuits across the country, but chose my current job because of the very broad swath of constitutional criminal issues we routinely litigate, which is endlessly fascinating.

Sovereign Immunity (listed because it includes cases regarding it and exceptions) generally means that the federal government can really only sue the states over constitutional issues.

This style of anonymous judgment has generally been focused on constitutional issues down three different tracks: first, reactively to federal but not provincial reference cases; second, defensively on issues impacting directly on the judiciary; and third, proactively on constitutional issues at the Court's internal discretion.

Margaret Somerville, director of the Centre for Medicine, Ethics and Law at McGill University, says she would not be surprised to see Quebec seek a constitutional challenge by arguing assisted suicide, although currently a federal criminal law matter, is a health care issue that falls under provincial jurisdiction.

This is despite the fact that the Supreme Court has dealt with as many provincial as federal references in the last fifty years, that most of them have been unanimous, and that a number of them have dealt with major constitutional issues.

So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56

BLAG's zealous advocacy in support of Section 3, along with the myriad other cases winding their way through the federal courts challenging that section, convinced a majority of the Supreme Court to address the constitutional issue.

Many years ago, the Federal Circuit resolved a constitutional challenge to the system of reexamining issued patents whose validity would traditionally have been handed to a jury for resolution.

As Sam Bray argues, it logically requires (or at least permits and encourages) a district court to issue a universal injunction in every constitutional challenge to federal law.

However, the Court nevertheless addressed the constitutional issue, finding Part II of the SFSA to be inoperative by virtue of the doctrine of federal paramountcy.

Four of the seven SCC judges reached the decision which was released July 31, while the other three declined to deal with the issue, ruling the constitutional argument shouldn't be considered because Julie Guindon, the lawyer who launched the appeal, failed to give proper notice to federal and provincial authorities.

Farzad Family Law Scholarship 2014 Should the right to marry for same - sex couples become a federal constitutional right by amendment to the United States Constitution or remain a State issue?

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.

With regards to subject matter, the caseload in federal court will involve issues dealing with federal constitutional and statutory law.

The conference will take up such issues as the nature of domestic and international crimes committed; which high - level Bush officials, including Federal judges and Members of Congress, are chargeable with war crimes; which foreign and domestic tribunals can be used to prosecute them; and the setting up of an umbrella coordinating committee with representatives of legal groups concerned about the war crimes such as the Center for Constitutional Rights, ACLU, among others.

Thomas (Tom) Walsh has tried numerous lawsuits in state and federal courts covering a range of subjects including trademarks, antitrust, civil rights, employment discrimination and various commercial transactions and constitutional issues.

Harmonization between the federal and provincial regimes (constitutional issues aside) has merit.

She has written and spoken on a wide range of judicial issues, particularly constitutional limits on government, the federal nomination process and state judicial selection.

In recent years, change in the Canadian legal landscape has been fuelled by two dominant factors: first, the growing influence of constitutional concerns, including federal / provincial division of powers issues and a variety of matters arising from the Charter of Rights and Freedoms, and second, the burgeoning number and power of Charter - oriented administrative tribunals that play an increasingly influential role in our complicated, interest - based society.

Over the past year I've written about the Emoluments Clause; the No Religious Tests clause; limits on presidential power as defined in the steel seizure case; the meaning of the oath of office; how the Appropriations Clause constrains lawsuit settlements involving the federal government; how and whether gerrymandering by race and for partisan advantage affects constitutional rights; judicial independence; the decline and fall of the Contracts Clause; the application of Obergefell to issues of public employees and birth certificates; Article V procedure for calling a new constitutional convention; and too many First, Second, Fourth, and Fifth Amendment controversies to list.

69 The headscarf issue achieved significant prominence in 2003, when the Federal Constitutional Court ruled that teachers could wear headscarves, as this did not in principle impede the values of the Constitution, but that individual states were free to prohibit public school teachers from wearing headscarves as they saw fit within their own borders.

Federal courts are established under the Constitution to decide disputes involving federal laws and constitutional Federal courts are established under the Constitution to decide disputes involving federal laws and constitutional federal laws and constitutional issues.

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It's surprising the issue giving rise to a recent constitutional challenge to align federal and provincial laws on the eligibility of disabled adult children for child support wasn't addressed long ago, says St. Catharines family lawyer Sharon Silbert.

It's surprising the issue giving rise to a recent constitutional challenge to align federal and provincial laws on the eligibility of disabled adult children for child... Read more

The Explanatory Memorandum to the AHRC Bill provides that this different regime «ensures that there are no constitutional issues arising from the appointment of a federal judge as President».