Sentences with phrase «state statutes do»

For the majority of states, state statutes do not create an affirmative duty to protect personal information.

However, in a twist here that other state statutes do not have, Florida law places a duty on the injury victim to show with admissible evidence that the business failed to meet its legal duty to the victim.

«While the state statute does not specifically permit ownership of more than one dog «commonly known as a pit bull», it does not prohibit it either.»

The court found that the state statute did not preempt the Ordinance and so did not change the fact that not providing the Consumers the full Ordinance could constitute an omission.

Not exact matches

Schorr cautions that LLCs won't fit every company's needs: «Because of the limited number of states that have enacted LLC statutes, and the lack of case law, companies that do business in a range of states run the risk of encountering a state that wouldn't recognize the limited liability of the partners.»

«Because Congress did not have a «strong basis of evidence» upon which to conclude that DoD was a passive participant in pervasive, nationwide racial discrimination — at least not on the evidence produced by DoD and relied on by the district court in this case — the statute fails strict scrutiny,» the decision stated.

In the first place, most state corporation statutes do not require directors to put shareholders first.

If you do that, you will find that the Indiana statute has two features the federal RFRA — and most state RFRAs — do not.

As a federal court stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.»

• Although COINTELPRO came to light in 1971 — with its disregard of First Amendment freedoms and its massive violations of federal and state statutes against mail and wire fraud, incitement to violence, extortion, and sending obscene material through the mail — the Justice Department did not look into the program until 1974, and even then it uncovered no crimes.

3) States» non-endorsement of any religion is not an attack on Christianity... are you inferring that statute is Obama's doing?

And no wonder: the statutes that made slavery legal were state, not federal statutes, and thus do not render the federal government liable for slavery.

I, RICK PERRY, Governor of Texas, under the authority vested in me by the Constitution and Statutes of the State of Texas, do hereby proclaim the three - day period from Friday, April 22, 2011, to Sunday, April 24, 2011, as Days of Prayer for Rain in the State of Texas.

By holding that the statute did not have an impermissible purpose, that its primary effect was not the advancement of religion, and that it did not require «excessive entanglement» between church and state, the Court sent a signal to the political branches that more creative uses of the structures of civil society (including churches) may now be permissible in the American welfare state.

What I did was refer to some state laws, undeniably on the statute books, that allow abortion in many or all cases.

For example, most statutes at both the state and federal level do not separately define or regulate hard cider, choosing instead to lump it in either with wine or beer.

Despite there being legislation on the statute books to bring in joint birth registration, we still don't even do anything to get dads» names on their children's birth certificates — a clear sign that as far as the state is concerned, it's mothers that really count.

Public policy via state statute is not, and that is the direction our legislative bodies will take if we do not assume responsibility and provide some form of assurance for those who view homebirth as unruly and rogue.

A number of states even specify in their statutes that financial inability to take care of a child does not constitute abuse.

Under this statute, a county / state prosecutor would be authorized to pursue a charge for a violation of the statute if, and only if, he has enough evidence to do so and the US government declines to pursue deportation.

When I was doing research into the statute of limitations in New York on sexual assault for Time's Up, I was shocked, and frankly embarrassed, to learn that New York is one of the least victim - friendly states in the nation.

But, 95 % + of the lawyers in the state use less than 10 % of the statutes by page length, on any regular basis, and I probably use only 10 % of the tax code and 5 % of the tax regulations despite having an extremely broad tax practice in terms of the variety of subjects I deal with compared to the average lawyer who does tax work.

In seeking a court order to have Heidemann's name restored to the November ballot, Elworth's attorney, Elizabeth Eynon - Kokrda, a former adjunct professor at Creighton University School of Law, argued that the Nebraska statute doesn't give the Secretary of State any discretion regarding the state's Sept. 1 deadline for gubernatorial candidates to name their running mState any discretion regarding the state's Sept. 1 deadline for gubernatorial candidates to name their running mstate's Sept. 1 deadline for gubernatorial candidates to name their running mates.

She says New York is the only state north of Delaware in the Eastern United States that does not have a medical marijuana statute.

«Lengthening or even eliminating statutes of limitation is a costless way for the states to do right by victims,» Markey wrote in April 2010.

Ravitch further states (pages 3 and 12) that rate setting for long term care is still in statute and would be best done administratively, also.

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

She says New York is the only state north of Delaware in the eastern United States that does not have a medical marijuana statute.

Ghana is a signatory to many international statutes and conventions and our obligations are expected but I do not subscribe to any attempt by any state institution with responsibilities towards Ghanaians will choose foreigners over tax - paying citizens.

«Creation of the Justice Center and other provisions of the new statute will ensure new safeguards for over a million New Yorkers with special needs who are in the care of the state or community - based organizations, preventing neglect and abuse and appropriately addressing neglect and abuse when they do occur,» said John Coppola, with the Alcoholism and Substance Abuse Providers, in a statement.

«Our law is very clear that you may not solicit contributions of any amount from other sources and if you do then you're in violation of the public financing statute and you have to refund all of the unexpended state monies in your account as of the date of the violation.»

Nassau IDA chief Joseph J. Kearney defended his agency, saying its aid packages to the dealerships «were a proper interpretation of the statute... If Albany wanted to do away with retail in its entirety they would have said so,» he said, referring to state government.

The governor says he does not at this time recommend changing the state's statute of limitation laws.

«I don't believe current penal law statutes really address forms of criminal behavior of this magnitude,» said New York State Senator and Brooklyn Borough President - elect Eric Adams.

Ochala said, «If the House of Assembly do not find any area for which to indict and consequently impeach Ayade, we wish to point to them that the governor has consistently stayed out of the state for a period longer than what the constitution prescribes, without duly transmitting the reins of governance to his deputy as prescribed by the relevant statutes.

The California statute's authority obviously does not extend to other states, but experts think the settlement will have a substantial national impact because it removes any moral, intellectual, or practical basis for believing that universities and PIs are entitled to provide their workers with a lower standard of safety than the standard that prevails in industry.

Ohio was the first state to adopt a constituency statute, in 1984, and Texas is the most recent to have done so, in 2006.

(Certain states have enacted local statutes which do provide some protections to LGBTs.)

First, it's clear that, as always, state statute and regulation play a huge role in determining what charters can and will do.

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

But then came last week's front - page New York Times article, in which Botel insisted that, «Because the statute does not define the word «ambitious,» the secretary has the responsibility of determining whether a state's long - term goals are ambitious.»

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.

Bottom line: if the Obama ESSA rules are repealed and the Trump team doesn't clarify how the regulatory moratorium applies to the education department, states could be left with little more than an ambiguous statute and non-binding assurances from the executive and legislative branches.

The Department's reaction has now provoked a full - fledged kerfluffle, including a New York Times story in which acting assistant secretary Jason Botel blandly explained, «Because the statute does not define the word «ambitious,» the secretary has the responsibility of determining whether a state's long - term goals are ambitious.»

Not only does the law require that districts use curricula that rely on «scientifically - based reading research,» a phrase, defined at length that appears 25 times in the statute; it further instructs the Department of Education to assist and hold states accountable in meeting this rigorous requirement.

ESSA requires that the report cards include per - pupil expenditures for each LEA and each school in the State, but the statute doesn't require that state develop a uniform proceState, but the statute doesn't require that state develop a uniform procestate develop a uniform procedure.

They brought this action in the United States District Court for the District of Kansas to enjoin enforcement of a Kansas statute which permits, but does not require, cities of more than 15,000 population to maintain separate school facilities for Negro and white students.

Recommendation: We recommend striking § 200.18 (d) for the proposed regulations, to ensure that the final regulations do not prescribe too narrowly the discretion of states to weight indicators when determining schools in need of additional support in a manner consistent with the statute.

In states operating under the provisions of the ESEA statute, as well as some states operating under ESEA accountability waivers, this is done by applying measures of adequate yearly progress (AYP).

«We believe the judge in this case did not take into consideration the overwhelming amount of evidence that show that these statutes work very well all over the state in well - run school districts,» said Frank Wells, a spokesman for the California Teachers Association.