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.
Not exact matches
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.
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.
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.
A form
of business organization created under provincial or
federal statutes which has a legal identity separate from its owners.
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 fo
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 fo
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 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.
The plaintiffs rely heavily on the Supreme Court's decision in Zadvydas v. Davis (2001),
which interpreted
federal statutes to limit detention pending removal to a reasonable period
of time.
The
federal statute under
which petitioner was convicted traces its ancestry to the
Statute of Treasons (25 Edw.
But, the decision leaves Congress with the option
of potentially changing that
statute which currently limits the personal jurisdiction
of federal trial courts to that
of a state court
of general jurisdiction in the same state, as it already does in cases that are predominantly «in rem» (e.g. interpleader cases and interstate boundary and real property title disputes), in bankruptcy cases, and with respect to the subpoena power
of U.S. District Courts.
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.
At issue in both is the
federal law banning «partial birth abortion,»
which Congress passed in the wake
of the Court's 2000 decision Stenberg v. Carhart,
which struck down a similar
statute in Nebraska because it failed to include an exception that would allow the procedure if needed to protect the health
of the mother.
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.
For almost 30 years, venue
of patent cases utilized the general
federal venue
statute, 28 U.S.C. § 1391 (c),
which allows a corporation to be sued «in any judicial district in
which such defendant is subject to the court's personal jurisdiction.»
Finally, the
Federal Court
of Appeal noted that clients may be better served when dealing with complex
statutes such as the Income Tax Act if their counsel are able to work collaboratively in furtherance
of completing transactions in
which the parties have a sufficient common interest.
It is said that, under the form
of writ used in this case, the defendant in the prosecution
which might follow an indictment by the grand jury would not be apprised
of the name
of the precise witness who might have appeared against him, and § 829
of the Revised
Statutes and the Sixth Amendment
of the
Federal Constitution are invoked.
On the applicability
of Blakely to the
federal sentencing guidelines: The logic
of the SG's argument now seems to be that applying Blakely to the guidelines would essentially convert all guideline enhancement into elements,
which is constitutionally problematic because only Congress can pass criminal
statutes that create elements.