Reed is also less troublesome to Lindseth to the extent that the court's decision was based on students» equal protection
rights under the state constitution rather than on the guarantee of an adequate education.
The lawsuit, filed by the nonprofit Public Interest Law Office of Rochester in September 1998, claims that the state has deprived the plaintiffs — all low - income black and Hispanic students — of
their rights under the state constitution to a sound basic education by failing to alleviate concentrations of poverty in the 37,000 - student Rochester school district.
Resolution 13 - 04.16 demands «all actions» to ensure that California's 121 charter cities lose state funding if they exercise
their right under the state constitution to establish their own policies concerning government - mandated construction wage rates on purely municipal government projects or private projects that only receive government assistance from that municipality.
Jepsen lightly approached the question of where Judge Thomas Moukawsher's broad indictment of public K - 12 education was right or wrong as a matter of policy, but the appeal sharply attacks the judge's legal basis for ruling that shortcomings he identified violate students»
rights under the state Constitution to a free and adequate education.
Not exact matches
Attorney Robert Dolinko of San Francisco labor and employment law firm Nixon Peabody is doubtful Senigaglia would have a strong case if she alleged a violation of privacy, which is a
right under the
state of California's
constitution.
A district court has granted a plaintiff's motion to remand a lawsuit back to a
state court after the plaintiff, who was seeking a waiver of ineligibility from the Kentucky High School Athletics Association, withdrew his allegation that his
rights under the United
States Constitution were violated.
Moreover, each and every member of Congress should be notified that he or she is personally liable (can be sued) for his or her own failure, or the same in conspiracy with other members, to perform what is a ministerial and constitutional duty, that is, to require and / or insist that Presidential electoral votes only be counted for candidates who are «natural born citizens»
under Article II of the United
States Constitution, the failure of which creates a cause of action for deprivation of claimants» constitutional
rights (as allowed
under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United
States as a Constitutional Republic.
Firstly, gun
rights are protected
under the United
States Constitution.
To protect the Committee's fundamental
rights under the United
States and New York
State Constitutions against the partisan use of state power, the Committee requests that the Court quash the subpoena and issue a protective order directing that the Committee need not respond to the subpoena's remaining demands.&r
State Constitutions against the partisan use of
state power, the Committee requests that the Court quash the subpoena and issue a protective order directing that the Committee need not respond to the subpoena's remaining demands.&r
state power, the Committee requests that the Court quash the subpoena and issue a protective order directing that the Committee need not respond to the subpoena's remaining demands.»
Because SUNY is a public institution, students» due process
rights are automatically protected
under the
state and federal
constitutions.
We write in our capacity as citizens of the Republic of Ghana invoking the powers of this Commission
under Article 218 (a) of the 1992
Constitution of Ghana and section 7 (1)(i) of the CHRAJ Act 1993 (Act 456), as amended, which
states «to investigate complaints of violations of fundamental
rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties», to investigate a case of professional misconduct bothering on official corruption and corruption - related activities involving ACP Mrs. Maame Yaa Tiwaa Addo Danquah, the current acting Director - General of the Criminal Investigations Department (CID) of the Ghana Police Service.
That case, which NY
State fought for a decade resolved that young people in NY have a
right under our
Constitution to a «sound basic education.»
Under the
Constitution's construction, the
right to keep and bear arms is universal to all American citizens and is, therefore, transferable from
state to
state.
Disclosing that efforts are being made to enhance the operational capacity of officers of the Nigeria Police force through tailor made training programme that will give them the
right civil orientation in their roles as guardians of the
constitution, the President said his administration will encourage the development of
state - level community policing
under a model that will integrate members of the community to policing functions at the grassroots level.
«That concept falls short when the
state takes away the
rights afforded an individual
under the
constitution so it's a foolish argument,» Lambert - Rudd said.
After years of what critics say was underfunding legal aid for New York's lowest income people, the Senate and Assembly passed a bill in 2016 to create a
state - funded system to ensure that indigent criminal defendants receive legal representation, as is their
right under the U.S.
Constitution.
WHEREAS, this legislation is viewed by many citizens of the
State of New York as being extremely controversial as those citizens view this Legislation as infringing upon their
rights guaranteed to them
under the second Amendment of the United
State Constitution; and
They also say that
under the
state constitution's separation of powers doctrine, the commission, created by Cuomo, does not have the
right to probe the legislature.
Prof. Dankofa, among other things, in suit KDH / KAD / 236 / 2018 is praying the court to «declare that the action of the respondents (Kaduna
State Government and Kaduna Geographic Information Service, KADGIS) in arrogating to themselves the power to punitively sanction the Applicants (Hunkuyi and his Company, Muna Investment Ltd) property, even if the Applicants were purportedly in default of payment of either ground rent or land use charge or for any other reason constitute a gross violation of Applicant Fundamental Human
Right guaranteed
under section 43 (1) and 46 (1) of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore illegal, unconstitutional, null and void.»
Under the new
constitution, which has been approved by China's Council of
State, foreign members of the academy will have the
right to talk at academy meetings and submit papers for publication.
The
state's highest court this month ruled against a coalition of poor rural districts, which claimed that significant differences between rich and poor jurisdictions violated the
right to an education
under the
state constitution.
Under what's known as the «California Rule,» the Golden
State's
constitution protects the
right of workers, from their first day on the job, to accrue future benefits.
The organization claims that what charter schools receive, typically 60 to 75 percent of what traditional public schools receive per pupil and no funding for facilities, deprives the children of their
right to a «sound basic education»
under the
state constitution.
Under Florida's
state constitution, students who have not been disciplined have an «absolute»
right to attend their zoned regular school, said special education attorney Stephanie Langer of Coral Gables.
In a document filed April 1 in Merrimack County Superior Court, the
state contends that «public education is not a fundamental
right»
under provisions of the
state constitution, according to James E. Townsend, an assistant
state attorney general.
When their children were not promoted to grade 4, the parents filed a class action suit in
state court, alleging violations of the children's due process and equal protection
rights under the
state and federal
constitutions.
Each
state sets its own laws governing teacher tenure, dismissal and layoff policies, and the
rights the students assert are given
under the
state constitution, so similar efforts will come in
state courts.
LOS ANGELES — A California judge ruled Tuesday that teacher tenure laws deprived students of their
right to an education
under the
State Constitution and violated their civil
rights.
The Wright v. New York case was first filed in 2014, when nine families from across the
state brought suit against the State of New York and others, claiming that teacher tenure, dismissal, and quality - blind layoff laws deprive New York children of their right to a sound basic education as guaranteed under the New York State Constitu
state brought suit against the
State of New York and others, claiming that teacher tenure, dismissal, and quality - blind layoff laws deprive New York children of their right to a sound basic education as guaranteed under the New York State Constitu
State of New York and others, claiming that teacher tenure, dismissal, and quality - blind layoff laws deprive New York children of their
right to a sound basic education as guaranteed
under the New York
State Constitu
State Constitution.
«There is a question when you penalize someone for maintaining an protected
right under the federal and
state constitutions.
In their dissents, Liu and Cuéllar wrote that the appeals court set too high a threshold in concluding that an identifiable group of student, with common characteristics, had to be harmed — the basis for bringing a challenge involving a fundamental
right to an education
under the
state Constitution.
It is the case where the Connecticut Supreme Court made clear that
under Connecticut's
State Constitution every child has the
right to attend a racially diverse school.
Since the landmark 1973 U.S. Supreme Court Decision in San Antonio School District v. Rodriguez, which established that public education is not a
right under the federal
Constitution,
state courts have been the battlegrounds for resolving disputes regarding public education finance systems.
Gresham asked Attorney General Robert Cooper whether the current statutes or
state law in effect prior to July 1, 2011 governing permanent employment violate students»
rights to a free education
under the equal protection provisions of the Tennessee or U.S.
Constitution.
1) Whether the current statutes or
state law in effect prior to July 1, 2011 governing permanent employment violate students»
rights to a free education
under the equal protection provisions of the Tennessee or U.S.
Constitution.
Last month, a California judge in Vergara v.
State of California ruled that teacher tenure laws deprive students of their right to an education under the state Constitution and violate their civil ri
State of California ruled that teacher tenure laws deprive students of their
right to an education
under the
state Constitution and violate their civil ri
state Constitution and violate their civil
rights.
It shall be the function of the Service to provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, color, or national origin which impair the
rights of persons in such communities
under the
Constitution or laws of the United
States or which affect or may affect interstate commerce.
The plaintiffs, once again as they are in some of these other climate change cases are seeking some pretty sweeping, both declarations of their
rights under the
Constitution and how those
rights are being infringed by both what the
state of Alaska is doing and not doing, but they're also asking for a science - based plan of attack or a plan of how to deal with climate change through reducing greenhouse gas emissions based on what the science requires and that's something on the order of eight percent per year reduction in emissions plus an accounting of the emissions that the
state is responsible for, and how fast they're being reduced.
«Every person who,
under color of any statute, ordinance, regulation, custom, or usage, of any
State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United
States or other person within the jurisdiction thereof to the deprivation of any
rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»
He handles all issues relating to the constitutional
rights of public employees
under the Fourteenth Amendment to the United
States Constitution and federal and
state statutes.
In my opinion the ECJ's decision in Taricco I that national courts must disapply the rules of statutes of limitations if they prevent Member
States from fulfilling their obligations
under Article 325 TFEU (in the present case, the relevant Italian legislation) leads to perceiving serious fraud as a crime against the
rights and interests of citizens, i.e., against fundamental social human
rights guaranteed
under Articles 2 and 3 of the Italian
Constitution, and hence calls for resolving the conflict within the Italian
Constitution by balancing the
rights under these articles and the accused's individual
rights guaranteed by the legality principle (Art. 25 (2) Const.).
Urgenda argued that the Dutch
state had therefore breached a duty of care owed to them (and to Dutch society generally), had infringed their
rights under the European Convention on Human Rights («ECHR»), and had contravened various obligations under international law and the Dutch Constit
rights under the European Convention on Human
Rights («ECHR»), and had contravened various obligations under international law and the Dutch Constit
Rights («ECHR»), and had contravened various obligations
under international law and the Dutch
Constitution.
Lord Irvine explained his intention in his second reading speech: «The traditional freedom of the individual
under an unwritten
constitution... gives no protection from misuse of power by the
state... Our courts will develop human
rights throughout society.»
A
state court is has the power to enforce greater protections to a person claiming
rights, relying on the
state's
constitution, than those guaranteed
under the federal
constitution.
To prevail on his § 1983 claim, Jayne must demonstrate that the named defendants acted
under color of
state law and deprived him of
rights secured by the
Constitution or federal law.
[5] In this case, the court while reiterating the availability of some fundamental
rights to arrested persons and detainees especially those available under Article 21, further held that «for violation of the Fundamental Rights to life or basic human rights, the defence of sovereign immunity is not available to the state for the established violation of the rights guaranteed by the Constitution of India under Article 21&r
rights to arrested persons and detainees especially those available
under Article 21, further held that «for violation of the Fundamental
Rights to life or basic human rights, the defence of sovereign immunity is not available to the state for the established violation of the rights guaranteed by the Constitution of India under Article 21&r
Rights to life or basic human
rights, the defence of sovereign immunity is not available to the state for the established violation of the rights guaranteed by the Constitution of India under Article 21&r
rights, the defence of sovereign immunity is not available to the
state for the established violation of the
rights guaranteed by the Constitution of India under Article 21&r
rights guaranteed by the
Constitution of India
under Article 21».
For instance, one of the speakers on the call, Scott Wolfe, Jr., recently sued the Louisiana Attorney Disciplinary Board in U.S. District Court, alleging that the
state's recently amended rules of professional conduct regarding online legal communications restrict, unduly burden, and chill the exercise of commercial speech
rights under the First and Fourteenth Amendments the U.S.
Constitution.
-- the petition of the Vilnius Regional Administrative Court, a petitioner, requesting an investigation into whether Item 1 of Paragraph 1 of Article 1 and Item 1 of Paragraph 1 of Article 17 of the Republic of Lithuania's Law on Citizenship to the extent that it provides that the persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated), who are residing in other
states, shall retain the
right to citizenship of the Republic of Lithuania for an indefinite period of time, and whether Paragraph 2 of Article 2 of the Republic of Lithuania's Law on the Implementation of the Law on Citizenship are not in conflict with Paragraphs 1 and 2 of Article 29 and Paragraphs 1 and 3 of Article 12 of the
Constitution of the Republic of Lithuania, and with the constitutional principles of justice and a
state under the rule of law.
-- the provision «the following persons shall retain the
right to citizenship of the Republic of Lithuania for an indefinite period of time: (1) persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated), who are residing in other
states» of Paragraph 1 (wording of 17 September 2002) of Article 17 of the Law on Citizenship, to the extent that, according to the Vilnius Regional Administrative Court, a petitioner, it entrenches that the
right to citizenship of the Republic of Lithuania shall not be retained to the persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren, provided that said persons, their children, grandchildren or great - grandchildren have repatriated, and who are residing in other
states, is not in conflict with Article 29 and Paragraphs 1 and 3 of Article 12 of the
Constitution and with the constitutional principles of justice and a
state under the rule of law;
The Vilnius Regional Administrative Court, a petitioner, requests an investigation into whether Item 1 of Paragraph 1 of Article 1 and Item 1 of Paragraph 1 of Article 17 of the Law on Citizenship, to the extent that it provides that the persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren (provided that said persons, their children, grandchildren or great - grandchildren have not repatriated), who are residing in other
states, shall retain the
right to citizenship of the Republic of Lithuania for an indefinite period of time, and whether Paragraph 2 of Article 2 of the Law on the Implementation of the Law on Citizenship are not in conflict with Paragraphs 1 and 2 of Article 29 and Paragraphs 1 and 3 of Article 12 of the
Constitution, and with the constitutional principles of justice and a
state under the rule of law.