While the need had been long recognized in Indiana, the impetus for this project came
from federal statutes requiring guidelines to be in place no later than October 1, 1987.
However, although they comprise a relatively small subset of § 1983 cases, claims under § 1983 can, under certain circumstances, be based upon violations of federal rights derived
from federal statutes, not from the U.S. Constitution.
Because of the shift in claims
from these federal statutes to claims being made under the Missouri Human Rights Act, today, our attorneys are often asked to defend claims of discrimination and harassment under state discrimination statutes and do so on a regular basis.
There are other areas where New York law and courts differ from other states as well as
from federal statutes.
Not exact matches
Lawmakers and regulators have a range of options to choose
from, including a major fine
from the
Federal Trade Commission, new federal legislation, state - level action, and even revising a federal statute that ensures platforms aren't responsible for the content posted o
Federal Trade Commission, new
federal legislation, state - level action, and even revising a federal statute that ensures platforms aren't responsible for the content posted o
federal legislation, state - level action, and even revising a
federal statute that ensures platforms aren't responsible for the content posted o
federal statute that ensures platforms aren't responsible for the content posted on them.
Even though we are likely a long way
from comprehensive
federal virtual currency legislation, it is promising for the virtual currency and blockchain community that legislators are signaling bi-partisan efforts to pass
statutes to ensure that consumers obtain the full benefit of these innovations.
Also known as Obamacare, it's a
federal statute signed into law in 2010 that seeks to expand Medicaid eligibility, establish health insurance exchanges, and prohibit insures
from denying coverage due to pre-existing conditions.
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).
As a
federal court stated in a 2011 decision upholding the foreign national prohibition
statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded
from, activities of democratic self - government.»
The 1993
federal statute states, «Government shall not substantially burden a person's exercise of religion even if the burden results
from a rule of general applicability» without compelling government interest.
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.
«The fresh pizza industry has fought for years for an exemption
from statutes that require additional
federal inspection of fresh meat pizzas if they are to be served in a school.
Specifically, these modern tribunes would be entitled to veto one piece of congressional legislation, one executive order and one Supreme Court decision; to call one national referendum, over any issue they wish (only two - thirds votes of both the U.S. Senate and House of Representatives may render the
statute unconstitutional); and to initiate impeachment proceedings against one
Federal official
from each of the three branches of government during their term of office.
New York's existing «sanctuary city»
statutes forbids the NYPD and Department of Corrections
from turning undocumented individuals in its custody over to
federal Immigration and Customs Enforcement unless those persons have been found guilty of one of 170 violent felonies — including murder, rape, terrorism, assaulting a cop and physically or sexually abusing a child.
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.
The term «water law» in the Colorado River basin has come to refer to a monstrous volume of
federal statutes and agreements, court precedents and state laws and regulations that can differ
from place to place and have changed incrementally over the years but are structured by the interstate agreements to divide the river.
-- Make all serious domestic violence offenders surrender firearms The
federal statute preventing domestic violence criminals
from having guns has a big loophole: Guns often aren't taken away unless criminals voluntarily relinquish them to local law enforcement agencies.
The site covers requirements
from such sources as major court decisions, state labor laws,
federal anti-discrimination
statutes, and the Children's Internet Protection Act.
[10] Yet three
federal statutes prohibit the Education Department
from making policy on curriculum.
Yet three
federal statutes prohibit the Education Department
from making policy on curriculum.
Like the
federal statute, this state law also does not include a mechanism for parents to exempt their children
from taking the state assessment.
There is nothing in the
statute or
federal regulations that addresses «absences
from math instruction» or «only 30 days of school left» as a reason not to evaluate.
This order concerns violations by United Air Lines, Inc. («United») of the
Federal statutes prohibiting U.S. and foreign air carriers
from subjecting any air traveler to discrimination on the basis of race, color, national origin, religion, sex or ancestry.
It directs Finnair to cease and desist
from further violations of this
statute and
federal regulation and assesses the carrier a compromise civil penalty of $ 35,000.
By this order Frontier Airlines (Frontier) is directed to answer certain questions, provide information and / or produce documents that are necessary to enable the Department to determine whether Frontier on a particular occasion violated
federal statutes prohibiting air carriers
from discriminating against passengers based on their race, color, national origin, religion, sex, or ancestry.
by reviewing discrimination complaints, reports, and other relevant information collected or prepared by the
Federal Transit Administration or recipients of assistance
from the
Federal Transit Administration pursuant to any applicable civil rights
statute, regulation, or other requirement; and
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.
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.
A form of business organization created under provincial or
federal statutes which has a legal identity separate
from its owners.
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.
The 2003 change in administrative
statutes established the Prado as an autonomous entity, still funded by the
federal government but freed
from direct supervision.
«We can not conduct a criminal investigation unless there is a clear allegation that a
federal criminal
statute has been violated,» Ross Rice, an FBI agent and spokesman
from the Chicago field office, said via email.
Tragically, fracking is not regulated by
federal statutes governing water safety, because industry lobbyists obtained an exemption
from this law, known as the «Halliburton loophole.»
Primary law
from all U.S. states and territories, including all
federal and state case law available on traditional LexisNexis, all LexisNexis headnotes and case summaries, and all available
statutes and constitutions.
A
federal judge in Georgia has ordered Public Resource to remove Georgia's official
statutes from its website, finding that the state of Georgia holds a valid copyright in them and that Public Resource's publication was not fair use.
Even though the site is focused on New York, its users can research cases
from any
federal court or state appellate court and
statutes from every state.
In her 30 + years in practice, she has handled just about every kind of lawsuit you can think of —
from shareholder derivative suits to medical device litigation,
from disputes about insurance (life, title, commercial general liability) to claims based on
federal statutes (RICO, TCPA, ERISA).
The
federal government increasingly has used the False Claims Act to enforce compliance with a variety of
federal statutes and regulations against companies that either contract with or receive funding
from the
federal government.
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 advise business clients and insurers on pollution and other environmental claims, and have extensive experience litigating claims under
federal and state
statutes in clean - up cases, either defending against liability and allocation among defendants, or seeking reimbursement for recovery costs
from responsible parties.
Katz had been convicted on a multiple count Indictment of transmitting illegal gambling wagers by telephone
from Los Angeles to Miami and Boston in violation of a
federal statute.
* Reporting obligations may come
from federal law, especially where there is no provincial private - sector privacy
statute.
Fastcase for iPhone is a mobile law library that allows its users to search cases and
statutes from all fifty states,
federal government included.
As we'd expect
from the above, when States enact alienage
statutes, they're subject to strict scrutiny, and when those statues cross the line, the courts have found that State attempts to restrict resident or non-resident aliens encroach upon the
federal government's exclusive control over entrance of aliens.
The U.S. Supreme Court agreed on Tuesday to decide the constitutionality of a
federal statute banning states
from authorizing sports betting.
For example, the digital versions of
federal statutes available
from Justice Canada are «official», and they exist in forms and with rights extended to all and sundry that permit reuse and republication without royalty or permission.
One of the things I omitted
from those lists were the approximately one zillion things out there where someone has simply hoovered up the whole of the California
statutes or the
federal codes of regulation or some such — all of which are free — and turned around and repackaged it as a $ 2.99 app.
I'm watching three: Ashcroft v. Raich, Pasquantino v. United States (does the
federal wire fraud
statute criminalize evading Canadian taxes) and Small v. United States (does the felon - in - possession
statute prevent someone convicted in a foreign court
from possessing a firearm in the United States).
By way of an example
from the political arena, in the same paper in which the argument for a Charter challenge was laid out, my co-author and I included a draft
federal statute.
The
federal bribery
statute bars agents of federally funded entities
from taking anything of value for influence «in connection with any business, transaction, or series of transactions... involving any thing of value of $ 5,000 or more.»