Sentences with phrase «of a federal statute by»

Not exact matches

'» This is one more piece of evidence of «corrupt intent,» the mental state required by federal obstruction statutes.

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.»

Less than two years after the citizens of Washington voted by referendum to uphold the state's prohibition of physician - assisted suicide, a federal judge invalidated the statute as....

The rule of law, he has argued, demands that we be bound by the text of the law» not by evolving social standards, not even by some elusive authorial intent, but by the actual words of the Constitution and of the statutes passed by state and federal legislatures.

The Federal Rules of Criminal Procedure (Rule 26) provide that in the absence of statute or rule, the court shall follow «the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience.»

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.

By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.

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.

But the state Republican party filed a complaint with the SEEC in late 2014, saying the Democratic Party violated the clean - elections statutes by taking advantage of the federally regulated account's ability to accept contractor contributions under federal election laws that are less restrictive than Connecticut's.

Similar lawsuits filed by Nader earlier in federal court were defeated by the federal statute of limitations, but Maine has a six - year statute of Read more»

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.

State Sen. Cathy Young (R - Olean), chair of the Senate Finance Committee, is sponsoring a bill that would codify the federal definition of sexual harassment in state statute, prohibit secret settlements by public entities and prevent mandatory arbitration in instances of sexual harassment.

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.

Green was joined by grandmothers of two of the young black men rounded up in the federal sweep and sentenced under the RICO statute.

The majority of the corruption cases brought against state lawmakers have been initiated by federal prosecutors, largely due to the federal theft of honest services statute.

CEO Jeffrey Skilling that held the «honest services» statute used by federal prosecutors against both men requires proof of a kickback or bribe.

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.

Last December, Australia sent the Ocean Viking to monitor Japan's whaling fleet in Antarctica and by late January, an Australian federal court had ruled that it was illegal for Japanese to whale within 200 nautical (230 statute) miles of their Antarctic territory.

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

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

These are the most important, but by far not the only, mandates of the Individuals with Disabilities Education Act (IDEA), the federal statute that, under various names, has guided special education policy since 1975.

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.

Literally hundreds of federal programs (starting with but by no means limited to Title I and IDEA) will need to be reshaped by statute (or consolidated or abolished) for «loose» to work.

The experience in the 1950s and 1960s definitely led to the prohibition of such efforts in federal statutes — prohibitions that the Obama administration has violated in recent years by endorsing national curriculum standards and funding national tests and national curriculum frameworks together with related teaching materials and lesson plans.

In reviewing requests for additional data, consideration is given to access permitted by statute and federal law, privacy concerns, security procedures, the availability of staff to monitor the data release and the perceived benefits.

«By statute, [CALPADs] comprises only the data that the federal government requires [California] to collect, so it's not a comprehensive data system [and there are] a lot of weaknesses in it,» said David Plank, head of the research group Policy Analysis for California Education, or PACE.

The court noted that the U.S. Supreme Court had long ago decided that the Indiana teacher tenure statute created contractual rights that are protected by the federal Impairment of Contracts Clause.

As mandated by the federal statute, TEA must conduct a comprehensive evaluation of the effectiveness of its programs and activities funded by the 21st Century Community Learning Centers program.

Signed into law by President Bush in January, this significant new federal statute calls for a dramatic expansion of state - level achievement testing in math and reading at grades 3 - 8.

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.

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.

A post-crash investigation conducted by FMCSA safety investigators found the company to be in violation of multiple federal safety statutes and regulations including:

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

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 Credit Card Accountability Responsibility Disclosure Act of 2009, also known as the Credit CARD Act, was a federal statute signed by President Obama in 2009 with the intent of providing transparency as well as fairness to the credit card lending industry.

Discharge types of debts singled out by the federal bankruptcy statutes for special treatment, such as child support, alimony, student loans, certain court ordered payments, criminal fines, and some taxes.

[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.

(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.

Documentation must be retained for the full statute of limitations as established by federal, state, or provincial regulations.

NEPA is the landmark 1969 statute requiring federal agencies to consider the environmental impacts of «any major project — federal, state, or local — that involves federal funding, work performed by the federal government, or permits issued by a federal agency.»

The Supremacy Clause (Article VI, Paragraph 2) establishes the Constitution, Federal Statutes, and treaties as «the supreme Law of the Land», mandating that state judges be bound by them, even if state constitutions or laws conflict.

The «EPA overreach» described by the industry execs consists of nothing more than the proper and necessary enforcement of a federal statute that has long aimed to protect the health and environment of the residents of Appalachia.

For instance as some of you may be aware of, a statute can be embedded in another statute and a provincial regulation can be enabled by a federal Act.

The time has come to require municipalities to provide the same level of access to municipal by laws as the federal and provincial governments provide to statutes and regulations.

A federal statute defines «crime of violence» as «(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or «(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.»

Citing its holding in Link v. Wabash R. Co., 370 U.S. 626 (1962), the High Court conceded that federal courts possess certain «inherent powers,» not conferred by rule or statute, «to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.»

In this single case, and never since, the Illinois Supreme Court ruled that the protections offered by the Illinois long - arm statute and Illinois due process exceeded those of the federal due process clause under the Fourteenth Amendment, and that for the Illinois courts to assert personal jurisdiction over the officer on these facts was «not fair, just, and reasonable.»

This collection of essays examines the shifting legal landscape of federal claims by foreign plaintiffs in the federal courts and focuses on the most common statutes invoked by foreign plaintiffs, as well as the threshold issues of personal jurisdiction and pleading standards that govern such suits.