Sentences with phrase «on federal statutes»

In this post, however, I'll focus mostly on the federal statutes.

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).

Shannon Minter, a transgender man who is legal director of the San Francisco - based National Center for Lesbian Rights, said many transgender civil - rights gains of recent years are based on federal statutes and court precedents that can not be quickly undone.

Last year, when he tried to register his logo, examining attorney Rachel Blue denied the application based on a federal statute that allows such a decision if the logo is «immoral, deceptive or scandalous».

While U.S. Supreme Court decisions on a federal statute do not necessarily bind state courts, its well - argued position should be influential.

The appeals court focused on a federal statute adopted in 1965 that says: «No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence..»

The 9th Circuit upheld the Hawaii federal district court decision, focusing primarily on a federal statute that bars discrimination in issuing visas based on national origin or country of residence and also on separation of powers considerations.

Not exact matches

All this said, with scant new regulatory activity on the horizon at the federal level, siloed statutes at the state level are a whole lot better than nothing.

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

Unions say right - to - work laws infringe on workers» collective bargaining rights, and proponents call for a federal law as opposed to the current patchwork of state statutes.

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 oFederal Trade Commission, new federal legislation, state - level action, and even revising a federal statute that ensures platforms aren't responsible for the content posted ofederal legislation, state - level action, and even revising a federal statute that ensures platforms aren't responsible for the content posted ofederal statute that ensures platforms aren't responsible for the content posted on them.

A number, but not all, of the corporate statutes in Canada are based on the Federal Business Corporations Act with slight variations.

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.

The Dodd — Frank Wall Street Reform and Consumer Protection Act is a federal statute in the United States that was signed into law by President Barack Obama on July 21, 2010.

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.

«If we read it the way you're saying,» she said, «then we're going to read the statute as intruding on the federal - state relationship, because then the states are going to be coerced into establishing their own exchanges.»

On February 26 of this year, for instance, eight members of the Court ruled that the federal racketeering statute (popularly known as RICO) did not apply to the efforts of the Pro-Life Action Network to shut down various abortion clinics.

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.

Fundamentalist Mormons, Muslims, and others argue that federal and state statutes on religious freedom protect the practice.

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.

Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.

«The Federal Election Campaign Act's prohibition on foreign contributions is the broadest prohibition in the entire statute,» said Brett Kappel, a partner in the government affairs and public policy practice of the law firm Ackerman in Washington, D.C.

Silver's defense rests on a strict, literal, reading of the federal honest services and extortion statutes prosecutors say he violated on seven counts as part of two schemes.

Because of a July Supreme Court ruling on the «honest services» statute (often used to prosecute allegedly corrupt politicians), former State Senate Majority Leader Joe Bruno's two felony convictions will likely be overturned, federal officials conceded yesterday.

The court ruled that federal attorneys had interpreted the law too broadly, and that the jury was not properly instructed on the meaning of an «official act» within the federal bribery statutes.

Bruno was convicted at his first trial in Albany but appealed on the basis of a Supreme Court decision that narrowed the federal honest services statute.

Jim Walden, a former federal prosecutor and a partner at Walden Macht & Haran in Manhattan, said it would be «difficult to imagine that prosecutors are not already looking closely at the lulus,» citing potential violations of statutes covering larceny, false records or official misconduct on the state level, or fraud or racketeering on the federal level.

Former state Senate leader John Sampson became the latest politician to ask for a review of his corruption conviction based on the U.S. Supreme Court's decision last week narrowing federal bribery and «honest services fraud» statutes in the case of former Virginia Gov. Bob McDonnell.

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 Court is scheduled to rule after December 1st on the US Department of Justice's motion to compel New York State to comply with the MOVE Act requirement to transmit ballots to military and overseas voters not later than 45 days before election day for federal office rather than the 32 day deadline currently provided for in state statute.

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.

Caproni's decision comes a day after Manhattan Federal Judge Kimba Wood said Dean Skelos, 68, and his son, Adam, 33, could remain out on bail for at least three months after the Supreme Court ruled on the anti-corruption statutes.

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.

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.

Former state Senate leader John Sampson Tuesday became the latest politician to ask for a review of his corruption conviction based on the Supreme Court's decision last week narrowing federal bribery and «honest services fraud» statutes in the case of former Virginia Gov. Bob McDonnell.

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.

Courts tend to defer to federal agencies on interpreting statutes like Dickey - Wicker, and the fact that the HHS interpretation has been consistent and wasn't challenged in court until now may weaken the plaintiffs» case.

Federal officials say similar concerns weigh on other ranchers, and that «use it or lose it» statutes create a strong headwind for the government's conservation program, prompting ranchers to worry about becoming too efficient for their own good.

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.

Beyond these federal efforts, a handful of states have also attempted to clamp down on fraud in internet dating: new york has passed a consumer protection statute to regulate internet dating sites.

The suit, filed in U.S. District Court in Hartford on Aug. 22, argues that federal funding to Connecticut falls far short of what is needed to meet the law's testing and accountability requirements, a violation of the U.S. Constitution and provisions in the nearly 4 - year - old statute itself.

Ruling in Grove City College v. Bell last year, the Court held that the civil - rights statute — whose language is similar to laws barring discrimination on the basis of race, handicap, and age — applies only to programs and activities that receive federal aid, and not to the entire institution.

The bill, HR 1523, enjoyed bipartisan support until last week, when the House Subcommittee on Select Education approved an amendment that would incorporate federal regulations protecting the rights of all handicapped individuals into the statute — thus barring changes in the rules without Congressional approval.

[10] Yet three federal statutes prohibit the Education Department from making policy on curriculum.

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.

Yet three federal statutes prohibit the Education Department from making policy on curriculum.

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...

As Congress and successive administrations reauthorized federal education statutes, Washington levied new requirements on states.

At a Dec. 3 - 4 meeting in Philadelphia that focused primarily on higher education, the 15 - member Commission on Opportunities in Athletics talked about ways to correct what some believe are problems with the 30 - year - old statute that prohibits sex discrimination at educational institutions that accept federal funds.

Some attribute the comparatively small percentages of students performing at the advanced level to the focus of the 2002 federal accountability statute, No Child Left Behind, on the educational needs of very low performing students.