Sentences with phrase «own federal right»

What's more, critics say, these laws are preemptive measures — offering to steel religious business owners from having to serve same sex couples, should the Supreme Court in June return a verdict giving same sex couples a federal right to marry.
Same sex marriage is now legal in 36 states, and the Supreme Court will issue a final ruling on whether such couples have a federal right to marry in June.
Rule 14a - 11 is not limited to facilitating the ability of shareholders to exercise their state law rights, but instead confers upon shareholders a new substantive federal right that in many respects runs counter to what state corporate law otherwise provides.»
civil unions and Federal rights for LGBT couples, outlawing discrimination in the workplace, ensuring adoption rights, and ending the existing «Don't Ask, Don't Tell» policy in a way that strengthens our Armed Forces and our national security.
States do not get to violate our Federal rights as Citizens.
Undoubtedly the Selma incident was instrumental in speeding up the passage of a Federal right - to - vote law that was signed by President Johnson in August, 1965.
Our federal rights were written before such thinks existed, let's re-examine it for the sake of our loved ones.
It is true, of course, that women have a federal right to have abortions, while homosexuals do not (as yet) have a federal right to perform acts of sodomy.
I think all of America's families should be protected by those federal rights and benefits that accrue to families.
New Yorkers gave women the right to vote before it became a federal right, but not a lot sooner.
The marriages of thousands of New Yorkers and other LGBT individuals across the United States should be afforded the same federal rights, benefits, and recognition as my own marriage.
There is no intrinsic value to the state vs federal rights debate, however you are free to imbue it with meaning if you like.
Under utilitarian theory, you should care about the state vs federal rights issue because the state and federal government will provide different costs (or benefits) to people.
A coalition of Republicans and a handful of breakaway Democrats have blocked votes on an abortion rights provision that would codify into state law the federal rights granted to New York women under the landmark Roe v Wade decision.
State officials and courts have already grappled with many of these issues, and creating a federal right to education would destabilize policies and decisions that have shaped local school systems for generations,» they say, noting that unlike the federal Constitution, all 50 state constitutions contain provisions that explicitly address education.
Given the Constitution's protection of the right to vote, the equal protection clause also would support a federal right to an education that prepares students to be competent voters and civic participants — enabling them, for instance, to comprehend complex ballot initiatives and serve competently on a jury, as education law scholar and litigator Michael Rebell has contended.
Yet advocates of a federal right to education continue their efforts to overturn or reinterpret Rodriguez.
But even if Rodriguez had been wrongly decided, defining a federal right to education in a way that guarantees «equal educational opportunity» would be no easy task and would raise more questions than it answered.
Proponents of a federal right to education presume that federal judges would succeed where local policymakers have supposedly failed.
While asserting a federal right to equal spending (something the left has sought ever since its defeat in San Antonio v. Rodriguez), OCR claims (emphasis added),
In a response, Alfred Lindseth, Lee Peifer, and Rocco Testani contend that the argument for recognizing a federal right to education «rests on shaky legal reasoning and would translate into bad policy.»
In the brief, NSBA and NASB urge the Court to find the Education Savings Accounts Program (ESAP) established by SB 302 (2015) unconstitutional, and an infringement on Nevada students» state and federal rights to a free, public education.
«The Education Savings Account provision of the bill is an infringement on Nevada students» state and federal rights to a free public education,» stated Thomas J. Gentzel, Executive Director, National School Boards Association.
Preston C. Green III, Bruce Baker and Joseph Oluwole's article, entitled «Having It Both Ways: How Charter Schools Try to Obtain Funding of Public Schools and the Autonomy of Private Schools,» explains how charters use «their hybrid characteristics to obtain the benefits of public funding while circumventing state and federal rights and protections for employees and students that apply to traditional public schools.»
Jonah was born in 1995 but if he was born a generation ago, before the 1975 passage of the Individuals with Disabilities Education Act (IDEA), he would have had no federal right to public education.
The demands are related to major parts of the national Movement for Black for Lives platform, including a federal right to education (Invest / Divest) and an end to school privatization / charter schools, school closures, and mayoral - controlled school boards (Community Control), all issues we are grappling with in Hartford, Connecticut.
DPI legislative liaison Jennifer Kammerud concurred with Spitzer - Resnick, agreeing that the proposal would strip children with special needs of their federal right at public schools to a «free and appropriate education,» with no guarantees they will get anything approaching what they need in private schools.
According to Spitzer - Resnick, a child who leaves public school for a private school program forfeits all state and federal rights to special education.
Contrary to statements on some anti-testing websites, ESSA does not include a federal right to opt out of standardized assessments.
Superfine says establishing a federal right to literacy could be «a game changer for large - scale education reform,» giving plaintiffs across the country a tool for forcing change.
During her confirmation hearing, DeVos stated that enforcing the federal rights afforded under the IDEA is «best left to states» and admitted that she «may have confused» the IDEA.6 Her statements during the hearing make clear that she does not understand the rights that the U.S. Department of Education is charged with enforcing.
He's not even paying on the federal right now (deferred).
It was amazing to find out the large amount of people that had no clue they had the ability to lower their monthly payments by extending their loan using their own federal right to consolidate.
The civil rights conspiracy statute requires proof of both an identifiable Constitutional or federal statutory right, and specific intent of the conspirators to deprive the victim of his federal right.
However, although they comprise a relatively small subset of § 1983 cases, claims under § 1983 can, under certain circumstances, be based upon violations of federal rights derived from federal statutes, not from the U.S. Constitution.
Before dealing with the due process issue, it says, «The question presented is whether petitioner was denied a federal right when the Court of Appeals restricted the new trial to the question of punishment.»
According to Baldwin v. New York (1970), «the federal right to jury trial attaches where an offense is punishable by as much as six months» imprisonment» (1).
The federal government had alleged violations of laws protecting civil rights and giving the federal government the power to review actions of law enforcement agencies with a pattern and practice of violating federal rights.
In its decision, the Court decided that the federal right to counsel must be extended to state prosecutions:
The federal government doesn't get involved unless the states violate some federal right.
Vince Hayes Team / Unit: Federal Rights Position: Paralegal Year Started: 1986 Practice Area: Social Security Missouri Western State University - BS, BA, AS
A little more than six months ago, we reviewed then - pending federal right - to - try legislation.
Kara Harms Team / Unit: Federal Rights Position: Staff Attorney Year Started: 2011 Practice Area: Social Security University of Kansas School of Law — JD / Creighton University — BA
Or, to put it differently, the individual suit that was considered adequate to assure «effective vindication» of a federal right before adoption of class - action procedures did not suddenly become «ineffective vindication» upon their adoption.
You think that state courts don't and / or can't give federal rights sufficiently serious consideration?
Gallop complained that the trial court was wrong to rule that the civil death statue automatically meant dismissal, that federal rights trump the state statutes, and that the lower court judge erred in failing to address a motion to file an amended complaint.
Know your state and federal rights regarding maternity leave.
Ironically, our civil partnership legislation provides more rights than US state - based civil marriage because the latter can not include federal rights in critical areas such as immigration, tax and health benefits.
Kotulski highlights that there are 1,049 federal rights awarded to straight people when they marry that are denied to gay and lesbian couples.
Immediately before the sublease is granted the Division 2 (federal rights) or Division 3 (Northern Territory rights), as appropriate, ceases to apply in relation to the construction area.
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