Sentences with phrase «immunity clause of»

Earlier in 2016, the U.S. Court of Appeals for the Second Circuit ruled that New York's Judiciary Law § 470 requiring out - of - state attorneys to maintain a physical office in New York to legally practice law in the state does not violate the privileges and immunity clause of the Constitution.

According to the Privileges and Immunities Clause of Article IV of the Constitution of the United States of America, citizen's rights in each state are protected when they travel to some other state.

The Louisiana Attorney General's office already had issued an opinion advising that the statute and the regulation were unconstitutional, because they violated the Privileges and Immunities Clause of the U.S. Constitution, and because the reciprocity requirement created two classes of nonresidents who were subject to different licensing requirements on an irrational basis.

Not exact matches

Although the Chief Justice acknowledged that this argument had some merit, the more determinative factor — and the key difference between the statutory immunity provisions relied upon by the ERCB and Alberta Environment — was that the immunity clause with respect to the former explicitly contemplated the regulator as an entity («the Board or a member of the Board...») whereas the immunity provisions under the Water Act and the EPEA did not (referring only to «persons» in various capacities; see paras 62 — 71).

There are no reciprocity clauses in the Convention, nor are there theories of self - defense or immunity embedded in it.

His argument on the legislative history of the Fourteenth Amendment, for example, rests on a strained parsing of the Reconstruction debates intended to show that the Privileges and Immunities Clause (which the Supreme Court effectively eviscerated shortly after the Amendment's adoption) was intended to make the Bill of Rights operative against the states.

But with the immunity clause still in place, the excesses of these officials can not be checked as long as they are in office, thereby making the anticorruption campaign even more difficult to prosecute.

The immunities of the Speech or Debate Clause were not written into the Constitution simply for the personal or private benefit of Members of Congress, but to protect the integrity of the legislative process by insuring the independence of individual legislators.

Sen.Yusuf Yusuf (APC - Taraba) has called for the removal of the aspect of immunity clause pertaining to criminal offences committed by political office holders.

An All Progressives Congress, APC, Senator representing Zamfara Central, Kabir Marafa, yesterday said the ongoing debate by the National Assembly to amend the Code of Conduct Bureau, CCB and the Code of Conduct Tribunal, CCT Act was an attempt to introduce immunity clause for the Senate President, Bukola Saraki and shield him from prosecution.

There are provisions of the U.S. Constitution such as the privileges and immunities clause that apply only to U.S. citizens, but the ones are cite are not among them.

Baumgartner supra n. 66, at 795 («Most of the action in transnational litigation in recent years has been in the areas of personal jurisdiction, foreign sovereign immunity, the Alien [Tort Statute], forum selection clauses, and forum non conveniens, tightly followed by the recognition of foreign judgments, and a bit further behind, transnational discovery and the action of state doctrine...»).

The Commission will also be embarking on studies on the protection of persons in the event of disasters and the immunity of State officials from foreign criminal jurisdiction, with the most - favoured - nation clause being a potential topic of future study.

At issue before the Supreme Court was whether the immunity clause in s. 43 of the Alberta Energy Resources Conservation Act had the effect of barring her claim for Charter damages.

The following cases suggest that if a claim is valid under Section 1983 of the Federal Civil Rights Act, that state law granting immunity to the official can not override Federal law under the Supremacy Clause.

It reasoned that the Speech or Debate Clause afforded absolute immunity for respondents» activities in investigating the funding of Hutchinson's research, for Proxmire's speech in the Senate, and for the press release covering the speech.

It is fairly evident that the Committee tried to instrumentalize its FR in order to provide the other constitutional authorities (the Government and — most certainly — the Judiciary) with somewhat of a saving (or escaping) clause in order to overcome the stagnation caused by the Margellos doctrine and the ICJ's authoritative distinction between procedural conditions, such as the jurisdictional immunity of the defendant State, and the merits of the case, even if the contested affair involves grave violations of jus cogens norms.