Sentences with phrase «federal statutes which»

Workers» compensation law is governing by state workers» compensation acts and federal statutes which provide for fixed awards to employees or their dependents in the event of employment - related accidents and diseases.

A very interesting session regarding Federal Statutes which have received Royal Assent but have not been brought into force.

A form of business organization created under provincial or federal statutes which has a legal identity separate from its owners.

Homeowners insurance is not a legal requirement and there is no local, state or federal statute which makes having homeowners insurance required by law.

This is a federal statute which we must interpret as well as judge.

Finding that the visual images transmitted by the accused through email depicted minors, as required for violation of federal statute which prohibits receiving or transporting visual depictions of minors engage in sexually explicit conduct was supported by expert testimony that they were minors.

Title VII is a federal statute which bars discrimination in the workplace based on race, color, religion, sex, or national origin.

Not exact matches

There are federal and state statutes barring kidnapping, and conspiring about or aiding and abetting the same, but it is unclear if that is the potential illegality to which Woolsey was referring.

«We have talked a lot with the DOL, and we've tried to coordinate and work with them, but they have to operate under the Employee Retirement Income Security Act (ERISA), which is quite a different statute than the federal securities laws,» Schapiro said.

The AGA, which lobbies on behalf of casinos and gaming companies, has been leading the charge to kill PASPA (the Professional and Amateur Sports Protection Act of 1992), the federal statute that essentially banned sports betting everywhere in the US but Nevada.

Before joining DFAIT, he worked at the Department of Finance, including from 1983 - 1990 with the Financial Sector Policy Branch where he served as Project Director, Financial Institutions Reform Project, and chaired the Inter-Departmental Legislative Review Committee, which guided the development of the 1992 reforms that overhauled the federal financial institutions statutes (the Bank Act, the Insurance Companies Act, the Trust and Loan Companies Act and the Cooperative Credit Associations Act).

Constantly concerned about alienating the southern wing of the Democratic Party, the Kennedys sought to channel the movement away from attacks on state segregation statutes, which, they claimed, were local conflicts in which federal authorities were powerless to intervene, and into voter registration efforts in which the national state could be of assistance.

It endures in the United States in some form in the statutes of all but six states (Alabama, Connecticut, Mississippi, New Hampshire, Texas and West Virginia), and in an ambiguous condition in the federal law (which governs in Boe's case).

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.

I would clarify, though, that most of the details of the working of the Supreme Court are not set by the Constitution — which establishes SCOTUS and broadly defines its role — but by federal statute.

Medical Malpractice Lawsuit Limitation — Vote Passed (218 - 210, 6 Not Voting) The House passed a bill that would limit to $ 250,000 the non-economic damages that can be awarded in a medical malpractice lawsuit in which the plaintiff's health care was paid for in whole or in part via a federal program, subsidy or tax benefit, and would establish a statute of limitations for initiating such lawsuits of either three years following the plaintiff's injury, or one year after the plaintiff discovers such injury, whichever occurs first.

At least not after the guidance the Supreme Court had handed down in the McDonnell case, which found the justices grappling with what counts as an «official act» under federal anti-bribery statute.

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.

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.

Governor Andrew Cuomo Thursday signed the bill, which would allow those with health effects associated with a federal or state superfund site to file a personal injury suit by suspending the statute of limitations for three years after such a designation.

His attorney, Paul DerOhannesian of Albany, said the appeal would contest federal prosecutors» increasing use of the statute against lying to federal investigators, which he said gives federal prosecutors power to «manufacture crimes.»

Both the FDA and the Federal Trade Commission found the practices «improper and likely in violation of statutes and regulations,» stated the GAO report, which was delivered as testimony to Congress on May 26.

According to NIH spokesperson Donald Ralbovsky, NIH's position is based on the statute, regulations, and policies authorizing the Kirschstein NRSA awards, which are, respectively, 42 United States Code 288; 42 Code of Federal Regulations, Part 66; and NIH Manual Chapter 54810.

Thus, according to US News & World Report, the EPA is currently «weighing whether to classify the gypsum stacks as hazardous waste under federal statutes, which would force the industry to provide strict safeguards» (to nearly 1 billion tons of waste).

The Code of Federal Regulations (CFR) is an annual codification of the general and permanent rules of the executive departments and agencies of the Federal The multiple laws which governed immigration and naturalization to that time were brought into one comprehensive statute, the Immigration and Nationality

But special education, which is protected by a complex web of state and federal statutes, has been less vulnerable to reductions.

The proposal, which would also replace the 38 federal civil - rights laws with just one statute, is the work of staff members of the House Wednesday Group — an «information - exchange» consortium of 31 members, according to an aide.

Based on a long line of court decisions and guidance handed down by the federal Office for Civil Rights, which administers both nondiscrimination statutes — the Americans with Disabilities Act and Section 504 — a court would most likely defer to educational experts, uphold standards supported by evidence of the SAT's validity, reliability, and technical underpinnings, and find flagging not to be unlawful discrimination.

Alfred S. Regnery, administrator of the Justice Department's office of juvenile jus - tice and delinquency prevention, told members of the Senate Subcommittee on Juvenile Justice that the department is examining the Supreme Court's landmark 1975 student - rights decision, Wood v. Strickland, to determine whether it is possible to change the federal statute on which the...

Though many states have special education laws of their own — a few of them as innovative as Florida's McKay Scholarship Program --- and multiple federal statutes influence how society does (and doesn't) treat disabled individuals, both in school and beyond, the principal policy engine in the K — 12 realm remains the federal IDEA statute, which has not been reauthorized since 2004 and — as many others have noted — is due for a top - to - bottom review.

If a child - study team denies a student with a disability the opportunity to exercise choice, that team is violating the student's rights, which are protected under multiple federal and state statutes.

Any criminal act committed in another state or under federal law which, if committed in this state, constitutes an offense prohibited under any statute listed in subsection (1) or subsection (2).

AASA, the School Superintendents Association, highlighted a joint letter on the Dept. of Education's proposed «supplement, not supplant» regulations, which called them «far - reaching federal mandates» that are «in conflict with the spirit and intent of the underlying statute, which is premised on state and local...

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.

This Order remains in effect until the Secretary determines that an imminent hazard no longer exits or a change in applicable statute or Federal regulation occurs that supersedes the requirements of the Order, in which case the Secretary will issue a Rescission Order.

The Sky Blue team then dissects what can and can not be disputed within each credit report based on the statute of limitations and other legal criteria, some of which is federal and some of which varies from state to state.

[FN61] A violation of FDUTPA is defined as any violation of FDUTPA, or may be predicated upon violations of any rules promulgated pursuant to the FTC act, any standards of unfairness or deception set forth by the FTC or the federal courts, or any law, statute, or other provision which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices.

Bankruptcy exemptions are legal statutes, either state or federal, which will protect a certain portion of your assets from unsecured creditors when you file for bankruptcy protection.

Federal student loans also have no statute of limitations, which means the government can indeed pursue you to the grave.

(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 Funds» federal and state income and federal excise tax returns for tax years for which the applicable statutes of limitations have not expired (the current year and the prior year) are subject to examination by the Internal Revenue Service and state departments of revenue.

And while a growing number of state laws restrict the circumstances under which an employer can discriminate against job applicants on the basis of credit history (see endnotes for a list of state statutes), federal law permits employers to use credit history as a basis for denying employment.5

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.

Friends of Animals is calling on the U.S. House of Representatives to pass a federal animal cruelty statute aimed at ending crushing, a heinous act in which animals are tortured and maimed.

Chevron's filing also cites numerous statutes that refute the plaintiffs» claims that fossil fuels unreasonably interfere with public rights, including the Energy Policy and Conservation Act of 1992, the Energy Policy Act of 2005, the Mining and Minerals Policy Act, the Coastal Zone Management Act, and the Federal Lands Policy Management Act, all of which specifically call for the production of oil and natural gas within the United States:

Also, for the purpose of the Terry stop statute, a federal regulation clearly is a law, and there is no doubt a federal FAA statute that prescribes a penalty for violating an FAA regulation which may very well be criminal.

There have been many developments in securities whistleblower rulings over the years, but none as compelling as Justice Ginsburg's opinion in Digital Realty Trust, Inc., vs. Somers which held that an employee who merely reports potential securities law violations internally has not done enough to avail himself of the extensive Dodd - Frank anti-retaliation protections, including «the immediate access to federal court, a generous statute of limitations (at least six years), and the opportunity to recover double backpay.»

U.S. federal law consists of: 52 Titles of the United States Code (some of which have more than one volume) and a smattering of uncodified statutes...

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.

The court will hear three appeals, two of which challenge British Columbia's drunk - driving laws and the power of police officers to impose penalties at roadside stops, and another involving the paramountcy of the federal Bankruptcy and Insolvency Act over conflicting provincial statutes.