Sentences with phrase «in using this statute»

Not exact matches

In July, Zenefits filed a motion to dismiss, citing California's anti-SLAPP (strategic lawsuit against public participation) statute, aimed at preventing the use of legal action to censor critics.

The next day that firm filed two lawsuits against Diageo, one in federal court, raising a suite of traditional trademark and unfair business practices claims, but the other in New York State Supreme Court, seeking a permanent injunction under a seldom - used statute available only to charitable organizations, known as Section 135 of the New York General Business Law.

«Prior to this decision, any decent prosecutor could have indicted anyone in the United States for anything using that statute,» Razzano says.

«It's not unreasonable to think that Congress used the English language according to its conventions,» he wrote, before proceeding to explain each verb in the statute and how the adverbial prepositional phrases modify them.

ny disputes relating to this agreement or your use of the Information, whether sounding in contract, tort, statute or otherwise, shall be governed by the laws of the State of New York and shall be subject

A growing number of jurisdictions have adopted crowdfunding provisions in their rules or statutes recognizing that equity crowdfunding, done responsibly, with appropriate disclosure and safeguards, may be another valuable tool that small companies can use to raise capital.

You agree that any disputes relating to this agreement or your use of the Information, whether sounding in contract, tort, statute or otherwise, shall be governed by the laws of the State of New York and shall be subject to the exclusive jurisdiction of the courts of the State of New York located in the City and County of New York, Borough of Manhattan.

Most recently, two new forms of payday lending have taken hold in Ohio, which involve using a title for an automobile as collateral and lending under a statute meant for credit repair.

Updated weekly by the attorneys in our Cannabis Law Practice, the National Survey on Marijuana Laws and Regulations is a quick reference to the relevant laws and statutes governing marijuana cultivation, distribution and use in the United States.

The report consists of an an analysis of a database of 135 localities that have enacted rules for drone use, a breakdown of drone - related statutes in states that have passed legislation governing the use of unmanned aircraft, and a brief discussion of the federal government's regulations for drone use and its position on the enactment of local legislation and rules.

Using the Congressional Review Act - a statute passed during the Clinton administration that had previously never been used - the Trump administration was able to suggest that the leveraged guidelines were essentially in violation of the act because they had never been sent to Congress.

But Scalia surely knew that Janet Reno, the Attorney General in the Clinton Administration, had taken quite the opposite view — that nothing in the reigning statutes barred the State of Oregon from permitting drugs to be used by doctors for the purpose of procuring death for their patients.

In about 30 states, religious actors can challenge even generally applicable laws by using religious freedom statutes (modeled on the federal Religious Freedom Restoration Act) or state constitutional rulings.

The benefit of this arrangement is particularly evident in the Lochner exchange: Arkes brilliantly defends this misunderstood case, but for all the skill of his revisionist argument, he is, as Donald Drakeman convincingly contends, unable to distinguish the interpretive approach of Lochner» using the due process clause to invalidate a statute because of disagreement with its substance» from Roe, which Arkes has rejected elsewhere.

By holding that the statute did not have an impermissible purpose, that its primary effect was not the advancement of religion, and that it did not require «excessive entanglement» between church and state, the Court sent a signal to the political branches that more creative uses of the structures of civil society (including churches) may now be permissible in the American welfare state.

«In an act of desperation and fear, Rep. Steve Driehaus is attempting to use a criminal statute to silence his critics,» said Susan B. Anthony List President Marjorie Dannenfelser.

In Griswold v. Connecticut the issue was the constitutionality of a Connecticut statute that forbade, under penalty, the use of contraceptives.

Concussion and Sports - related Head Injury: Statute 115C - 12 (23)(2011) requires the Department of Public Instruction, along with other organizations outlined in the statute, to develop an athletic concussion safety training program for the use of coaches, school nurses, school athletic directors, volunteers, students who participate in interscholastic athletic activities in public schools and their parents.

Variations among states in the degree to which they define through statute or common law the legal relationships of spouses and sperm donors to children conceived using assisted reproductive technology compound the insecurities confronting New York lesbian parents contemplating travel or potential relocation to other jurisdictions.

School districts in some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchenin some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchenIn states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchenin Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchens.

prosecutors in Chicago were so afraid that this statute would allow Gov.Blago to go free that they decided not to use it against him.

Now, Trump might use other provisions in trade statutes for the purpose of trade restriction.

For example, his proposed reauthorization of the state's design - build statute in 2014 would have mandated their use on any project worth more than $ 10 million.

But, 95 % + of the lawyers in the state use less than 10 % of the statutes by page length, on any regular basis, and I probably use only 10 % of the tax code and 5 % of the tax regulations despite having an extremely broad tax practice in terms of the variety of subjects I deal with compared to the average lawyer who does tax work.

«1) If when determining the liability of a person to taxation, duty or similar charge due under statute in the UK it shall be established that a step or steps have been included in a transaction giving rise to that liability or to any claim for an allowance, deduction or relief, with such steps having been included for the sole or one of the main purposes of securing a reduction in that liability to taxation, duty or similar charge with no other material economic purpose for the inclusion of such a step being capable of demonstration by the taxpayer, then subject to the sole exception that the step or steps in question are specifically permitted under the term of any legislation promoted for the specific purpose of permitting such use, such step or steps shall be ignored when calculating the resulting liability to taxation, duty or similar charge.

Indeed, a review of the statute's legislative memoranda and other supporting materials on file in the state library indicate lawmakers who voted in favor of the statute never considered that it would be used to conceal misconduct by police or correction officers.

According to the bill memo, modernizing the fireworks statute «will provide law enforcement with an important tool in reducing the use of illegal fireworks and homemade devices and encouraging the use of safe and legally regulated novelty devices.»

In June the U.S. Supreme Court narrowed the definition of Honest Services Fraud, the statute Bharara used to go after Skelos and Silver.

There can be no question of the authority of the State in the exercise of its police power to regulate the administration, sale, prescription and use of dangerous and habit - forming drugs, such as are named in the statute.

«Please point me to the statute or reg that John is using to make his statements,» Sugarman said in the email.

In his recent State of the State message, Gov. Andrew Cuomo said he would revive a 1980 statute that would permit limited use of medical marijuana to patients with diseases like cancer and glaucoma.

«The statute can only be applied in cases of bribery and kickbacks, neither of which Bruno was convicted on, and can not be used in cases of failure to disclose.

Green zeroed in on the use of the federal Racketeer Influenced and Corrupt Organization, or RICO statute, put in place in 1970 to convict members of organized crime.

Governor Cuomo, in his State of the State message, said he'd revive a 1980 statute that would permit limited use of medical marijuana to patients with diseases like cancer and glaucoma.

Bruno was convicted on two felony charges in December 2009, but the Supreme Court retooled the statute used by federal prosecutors against him, triggering a second trial that ended with his acquittal.

The law also puts «married couple» in the adoption statute, in place of what used to read «husband and wife.»

In its response, DOH said its use — or non-use — of the funds doesn't violate statute, and rebuked OSC for suggesting that it should consider using a portion of the funds to promote participation: «Use of these funds to «promote the distinctive license plate of each fund» would detract from their intended important use, which is to promote awareness and research,» DOH sause — or non-use — of the funds doesn't violate statute, and rebuked OSC for suggesting that it should consider using a portion of the funds to promote participation: «Use of these funds to «promote the distinctive license plate of each fund» would detract from their intended important use, which is to promote awareness and research,» DOH sause — of the funds doesn't violate statute, and rebuked OSC for suggesting that it should consider using a portion of the funds to promote participation: «Use of these funds to «promote the distinctive license plate of each fund» would detract from their intended important use, which is to promote awareness and research,» DOH saUse of these funds to «promote the distinctive license plate of each fund» would detract from their intended important use, which is to promote awareness and research,» DOH sause, which is to promote awareness and research,» DOH said.

Henning said it's possible that other conduct mentioned in the report — such as transactions between the governor's office and companies like real estate developer Extell — could fall under mail and wire fraud statutes, which make it a crime for any public official to be «taking money and misrepresenting how it was used,» he said.

The federal witness - tampering statute (18 U.S. code 1512), for example, applies to» [w] hoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to... influence, delay, or prevent the testimony of any person in an official proceeding» or «cause or induce any person to --»

That statute was used to convict the former Senate majority leader, Joseph L. Bruno, last year for concealing hundreds of thousands of dollars in payments from a businessman who sought help from the Legislature.

He is also calling for a ban on the personal use of campaign funds, saying that «a long list of expressly prohibited expenditures would be memorialized in statute.»

Proponents of the Martin Act have noted the high rate at which financial crimes are prosecuted in New York; opponents have argued that the law has been used by attorneys general to score political points and boost political profiles, and that it's been used improperly due to the broadness of the statute.

In December, Darr agreed to an $ 11,000 fine imposed by the Arkansas Ethics Commission and accepted its finding of 11 breaches of regulations and statutes including converting campaign funds to personal use and receiving improper expense reimbursements from taxpayer funds.

To conduct the study, the researchers used the so - called «differences in differences» methodology to analyze the changing rates of patent activity in the 34 states with constituency statutes, versus activity rates in the 16 states lacking them.

The RECIPIENT agrees to use the MATERIAL in compliance with all applicable statutes and regulations, including, for U.S. RECIPIENTS, applicable U.S. Federal statutes and Public Health Service policies for the use and care of laboratory animals (see 7 USC 2131 et.

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The amount available for use is determined by the amount of time that the FMLA / CFRA eligible Postdoctoral Scholar has previously used in the calendar year under each statute with the time running concurrently under both statutes in most situations.

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They are a platform that you can use in order to find a person who's not intimidated by your statute.