Sentences with phrase «state statute establishing»

The current state statute establishing a parental right to opt - out children from testing was enacted when the only required assessments were those required by state law.

Not exact matches

[12] State corporation statutes of the period, however, merely established the one share - one vote principle as a default rule.

«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.»

This week, Governor Jerry Brown signed Assembly Bill 1217 into law, which preserves California's status as a favorable state for surrogacy and establishes a surrogacy statute.

Presents State statutes on postadoption contact agreements, which are arrangements that allow contact between a child's adoptive family and members of the child's birth family or other persons with whom the child has an established relationship.

Under the new law, surrogacy arrangements are regulated by a statute which states that a «judgment or order shall establish the parent - child relationship of the intended parent or intended parents identified in the surrogacy agreement and shall establish that the surrogate, her spouse, or partner is not a parent of, and has no parental rights or duties with respect to, the child or children.»

«The EEOC is unable to conclude that the information obtained establishes violation of the statutes,» the finding states.

Generally speaking, a candidate must collect signatures equaling at least 5 percent of the number of active enrolled voters in the political unit (e.g., the state for statewide offices, such as governor; the legislative district for state senate or assembly districts; etc.), or a fixed total established by statute, whichever is less.

It separates church and federal government or federal statute, but did not abolished established religion in the states).

In return for disbanding the commission, lawmakers tweaked the bribery statute, created a new class of public corruption offenses, brought an independent enforcer to the state's Board of Elections and established a pilot program, roundly criticized, for public financing of elections.

No residency requirement for circulators is established in the relevant state statutes.

In Art. 5 (g) of the ICTY statute, rape is only established as a crime against humanity, not as a tool of genocide.76 Like other domestic and international forums, the ICTY is hindered by «legally institutionalized sex inequality,» 77 is easily manipulated by the historical denial of sexual and reproductive harm to women and is obligated to grant institutional deference to states.

With the agenda established, key statutes passed by the state legislature and Executive, and the funding secured, and most importantly the Board of Regents putting the crucial regulations in place, the key elements of the reform plans are now present.

Authorization mechanism: Council was established via governor's executive order, legislative statute, and / or state board of education resolution.

ESSA returns a significant amount of decision making back to the states, requiring them to establish their strategic vision and determine how they will implement provisions in the statute.

Alabama also enacted tuition grant state laws permitting students to use vouchers at private schools in the mid-1950s, while also enacting nullification statutes against court desegregation mandates and altering its teacher tenure laws to allow the firing of teachers who supported desegregation.50 Alabama's tuition grant laws would also come before the court, with the U.S. District Court for the Middle District of Alabama declaring in Lee v. Macon County Board of Education vouchers to be «nothing more than a sham established for the purpose of financing with state funds a white school system.»

This is especially true given state and federal statutes, salary schedules, and established policies that restrict the ability to redeploy resources and that make aggressive efforts to act on data and research exhausting and contentious.

TCTA believes that while there may be some cumbersome statutes in the Education Code, state law establishes a baseline of protections not only for teachers, but for students and parents as well.

In the absence of federal regulation each of the 50 states and the District of Columbia has enacted its own unique animal anti-cruelty statute and 27 states have enacted laws that establish some form of humane care standards for animal kept at pet shops.

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

It's a semi-autonomous department with the state of Hawaii that was established by the Hawaii Constitution and chapter 10 of the Hawaii Revised Statutes.

Students have certain rights established by federal, state or local statutes or under institutional policy.

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.

Statutes are in place for every state to establish procedures for bringing actions against the responsible party or parties; in this case, it is called a Wrongful Death Statute.

All states establish their own statute of limitations regarding medical malpractice cases.

The deadline for filing suit under ERISA for denial of long term disability benefits is established by the State's statute of limitations for contract claims (usually a period of two years to six years).

It has become the common statutory pattern in the United States for a statute establishing an administrative agency to provide that any wilful violation of the rules adopted by the agency constitutes a federal felony.

Each state is responsible for establishing its own statute of limitations, or the amount of time that a plaintiff has to bring forth a lawsuit before damages can no longer be pursued.

If you were injured in an auto accident in the state of Texas, the law establishes a time frame in which you must file suite (also known as a statute of limitations).

While these purposes of statutes of limitations generally apply across the states, each state has its own law that establishes how long you have to act.

At the state level, where states have passed statutes or state courts have said, «There is a right to counsel when an adult is subjected to a guardianship or, where a parent is losing their rights, or where paternity is being established,» these are just some examples of where states have done this.

To date, 47 states have adopted post-conviction DNA testing statutes; some have imposed additional limitations that hinder applicants from obtaining testing, such as prohibiting applications from those (1) that have plead guilty; (2) that have admitted to guilt in order to obtain parole; (3) whose attorneys did not request testing; (4) convicted of crimes for which relief could be sought; (5) who are sentenced to death; (6) who are able to establish a likelihood rather than a possibility the testing will be exculpatory; (7) where there are clear and convincing evidence that the new results would be significantly more discriminating than the results of previous testing; or (8) that fail to provide adequate safeguards to preserve biological evidence.

Many states have enacted statutes or regulations that establish certain minimum standards of care for private nursing homes.

The U.S. Supreme Court has rejected the prevailing interpretation of the patent venue statute, 28 U.S.C. § 1400 (b), and held in an 8 - 0 decision that a domestic corporation defendant may be sued for patent infringement only in its state of incorporation or in a district where it allegedly «committed acts of infringement and has a regular and established place of business.»

(Note: in some types of injury cases, most notably those arising from car accidents in which a state vehicle code section was violated, statutes can be used to help establish fault for an accident or injury.)

In a series of cases of first impression under the state wetlands statute, defined the limited scope of statutory exceptions, established the authority of courts to protect and restore wetlands with injunctions, as well as the right of private parties to recover attorneys fees.

The Ohio Supreme Court also concluded that the State had to establish scienter in order to prove a violation of § 2907.323 (A)(3) based on the Ohio default statute specifying that recklessness applies when another statutory provision lacks an intent specification.

The state legislature intended for insurers to strictly comply with the terms of the statute, as was established in the 1991 Maine Supreme Judicial Court case of Me.

(c) If the claimant relies on a statute establishing a cause of action and authorizing exemplary damages in specified circumstances or in conjunction with a specified culpable mental state, exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the damages result from the specified circumstances or culpable mental state.

Although today most real estate laws are based upon federal and state statutes, there are still cases in which there are unique issues which arise that require judges and lawyers to follow the decisions of judges which were established under the common law system.

The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions.

Rejecting a similar argument that a statutory anomaly (between property and non-property taxes) made «not a whit of sense,» we explained in one recent case that «Congress wrote the statute it wrote» — meaning, a statute going so far and no further... The same could be said of [the PPACA conditioning tax credits on states establishing Exchanges].

Jones v. Flowers, 373 Ark. 213 (Ark. 2008)(established, on remand from a U.S. Supreme Court victory in a constitutional challenge to state tax foreclosure procedures, that attorney's fees may be recovered under federal civil rights law even when the plaintiff's original complaint did not cite the federal statute)(briefed, co-counsel)

The patent venue statute states that venue is appropriate either: (1) «in the judicial district where the defendant resides,» or (2) «where the defendant has committed acts of infringement and has a regular and established place of business.»

The court stated that it has been long established that there is but one principle or approach to statutory interpretation which is that the words of the statute are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act and the intention of the enacting legislative body.

Some states have already addressed the difficulties presented by such statutes and courts in others have established firm positions on either side of the debate.

Along with the traffic ticket fine, you'll also be assessed surcharges and fees as established in the state statutes.

Proposed Bill 5001, submitted by Representative Patricia Dillon, proposes «that the general statutes be amended to establish a fee to transfer or trade virtual currency in this state.»

Consequently, because statutes and rules in each state provide a scope of practice for CNAs and medication aides or assistants, and establish the educational and examinational requirements for these personnel, medical assistants will be given authorization to work clinically in these inpatient environments only if they meet the legal requirements and actually become nursing assistants or medication aides.

2002)(recognizing presumption in favor of custodial parent's right to relocate with child); Casey v. Casey, 58 P. 3d 763 (Okla. 2002)(fit custodial parent had statutory right to relocate with her children; husband failed to rebut her right by establishing any risk of harm to the children from the proposed relocation); and In re Marriage of Horner, 151 Wash. 2d 884, 93 P. 3d 124 (2004)(state statute created rebuttable presumption in favor of custodial parent's decision to move).