Sentences with phrase «state under an appeal»

Charter schools are self - managed public schools that must either be approved by public school districts or by the state under an appeal.

Not exact matches

Last year, the New York - based 2nd U.S. Circuit Court of Appeals disagreed, finding that the DMCA applied to infringement claims brought under federal and state law, including oldies songs.

In October, California's state appeals court ruled that a housekeeper could bring a claim against her employer under the state's Fair Employment and Housing Act.

Parker was acquitted in the rape case more than a decade ago and Celestin had his sexual assault conviction overturned on appeal (a higher court deemed his trial attorney ineffective), but the two men have come under fire once again as the media reports troubling details from the case, which included accusations that Parker and Celestin, then both 19, had sex with a Penn State freshman while she was unconscious after a night of heavy drinking.

Heather Dietrick, president and general counsel of Gawker Media, said in a statement that soon after Mr. Bollea sued the company in 2012, three state appeals court judges and a federal judge «repeatedly ruled that Gawker's post was newsworthy» under the First Amendment.

and finally resolved by arbitration in the United States under Nevada State Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved.

In 1947 a group of American blacks led by W. E. B. Du Bois, under the auspices of the NAACP, had appealed to the UN to redress «the denial of human rights to minorities in the case of citizens of Negro descent in the United States of America.»

By contrast, after the New Jersey Supreme Court denied Gov. Chris Christie's appeal of a judge's overturning of the state's ban on same - sex marriage, an attempt by state lawmakers to later write a bill with religious protections collapsed under pressure from gay - rights groups.

On October 25, 2012, the Court of Appeals held in that case that the United States may ban federally licensed firearms dealers from selling handguns to people under age 21, in a similar suit brought by the National Rifle Association.

In the interim however, State Governors have continued to appeal for release of payment on the grounds of fairness because some States had already received refunds under previous administrations.

Grandparents, cousins and similarly close relations of people in the United States should not be prevented from coming to the country under Trump's travel ban, a federal appeals court has ruled in another legal defeat for the administration on the contentious issue.

Tinubu and Governor Rauf Aregbesola of Osun State had appealed to the NLC under the leadership of Mr. Ayuba Wabba to call off the current strike in the interest of the country.

In August 1987, under FCC Chairman Dennis R. Patrick, the FCC abolished the doctrine by a 4 - 0 vote, in the Syracuse Peace Council decision, which was upheld by a panel of the Appeals Court for the D.C. Circuit in February 1989, though the Court stated in their decision that they made «that determination without reaching the constitutional issue.»

«I appeal to the federal government under the leadership of President Muhammadu Buhari to declare a state of emergency in the Education sector for the country to be able to change the fortunes of the system.

The Appeals Court panel voted five to one for the plaintiffs in a lawsuit, which argued that the empty space was parkland and was protected under state law.

A New York appeals court ruled last year that a less comprehensive form of teacher evaluations used by New York City's Department of Education — known as Teacher Data Reports — must be disclosed under the state's Freedom of Information Law.

Democratic State Senate candidate Adam Haber won a write - in ballot effort to appear under the Green Party line come Nov. 4th, according to Nassau election officials, but party members are vowing to appeal the results in court.

In addition to working under Bharara, Master also worked for Victor Marrero of the United States District Court for the Southern District of New York and José A. Cabranes of the U.S. Court of Appeals for the Second Circuit, according to his University of Pennsylvania faculty page.

The city's program would appeal to property owners who aren't part of the «enhanced areas» that would be covered under the state.

Essex County has chosen to appeal the ruling by State Supreme Court Justice Martin Auffredou ordering the county to release electronic ballot scans under a FOIL request filed by Essex County Democratic Party Chair Bethany Kosmider.

The NYC Department of Education rejected requests for space made by a dozen charters so far this school year, forcing them to file appeals in Albany for relief under the state's charter - school siting law.

The election tribunals and Court of Appeal ordered the re-runs, after voiding the returns for most of the Rivers legislative seats, federal and state; before the Supreme Court, in a bizarre verdict, endorsed the governorship poll, held the same day, and under the same bloody conditions, as the state legislative elections.

Long Island state Senate candidate Adam Haber won a write - in ballot effort to appear under the Green Party line in November, but party members are vowing to appeal the results in court.

I received the petition of the lawyers from the three and they stated all the grounds for which they thought that I should invoke my powers under article 72, narrating every step of the way; the regret they had shown and appealing for mercy; and so I did exactly what the Constitution said I should do.»

Simpson and Shue said NYPA resisted a request made in October by the opponents» group to release the RFP under the state Freedom of Information Law, doing so only after their group appealed to the state Committee on Open Government, which in November said the information should be released under the law.

A governorship aspirant under the platform of the Peoples Democratic Party (PDP), in Oyo State, Engineer Seyi Makinde has appealed to former governor of the state and one of the leaders of the party, Senator Rasidi Adewolu Ladoja to rescind his decision of dumping the political party due to alleged impuState, Engineer Seyi Makinde has appealed to former governor of the state and one of the leaders of the party, Senator Rasidi Adewolu Ladoja to rescind his decision of dumping the political party due to alleged impustate and one of the leaders of the party, Senator Rasidi Adewolu Ladoja to rescind his decision of dumping the political party due to alleged impunity.

A recent appeals court ruling found that school districts weren't under the jurisdiction of the New York State Division of Human Rights.

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.

When the previous government announced it was appealing against the European Court's original ruling in 2005, the Parliamentary Under - Secretary of State at the Department for Constitutional Affairs, Lord Firkin, said: «It has been the view of successive governments, including this government, that persons who have committed crimes serious enough to warrant a custodial sentence should forfeit the right to have a say in how the country is governed while they are detained.»

In 2006, when the New York State Court of Appeals shamefully ruled that the Lesbian, Gay, Bisexual and Transgender (LGBT) community did not have equal protection under the law in relation to Marriage Equality, I predicted that passing legislation to right this wrong in the State Senate would be a profound personal and sadly political battle.

Teachers recently received their scores under the state's new mandated rating system, and already hundreds are planning appeals.

Some indigenes of Cross Rivers State, under the aegis of Cross River State Elders Forum, have appealed to President Muhammadu Buhari to promptly send the name of the Acting Chief Justice of Nigeria, Justice Walter Onnoghen, to the Senate for confirmation as substantive CJN.

A governorship aspirant under the platform of the Peoples Democratic Party (PDP), in Oyo State, Engineer Seyi Makinde has appealed to former governor of the staState, Engineer Seyi Makinde has appealed to former governor of the statestate...

Enang appealed to Akwa Ibom people to support the present federal government, noting that the state had fared very well under Buhari leadership.

The unanimous ruling by four justices says the appeal failed to show the dog's presence was impermissible under state law or impaired his right to a fair trial.

Cuomo also signed a bill, whose sponsors included Sen. Michael Ranzenhofer, an Amherst Republican, to limit the time in which agencies can appeal a judge's order that information sought under the state's Freedom of Information Law be released.

The Planning Board conducted a review of the project and on September 10 issued a «negative declaration» under State Environmental Quality Review Act (SEQRA) review, meaning that the Planning Board found that there would be no significant adverse environmental impacts from the project, and issued a «preliminary» site plan approval of the project subject to Zoning Board of Appeals (ZBA) review of «performance standards.»

Under this amendment to NCLB, schools that develop rigorous alternative forms of student evaluation could appeal to an outside agency for approval to use their homegrown assessments in place of state assessments.

In a unanimous ruling, the New York State Court of Appeals held last month that the Monroe - Woodbury school district was not required under state law to provide a separate facility for handicapped children from the Orthodox Jewish village of Kiryas State Court of Appeals held last month that the Monroe - Woodbury school district was not required under state law to provide a separate facility for handicapped children from the Orthodox Jewish village of Kiryas state law to provide a separate facility for handicapped children from the Orthodox Jewish village of Kiryas Joel.

Lawyers for the state of Ohio last month asked the U.S. Court of Appeals for the Sixth Circuit to overturn a federal district court's ruling that expanded the state's responsibility to fund school desegregation in Lorain County under the terms of a consent decree.

In 2001 only the federal appeals court covering the states of Connecticut, New York, and Vermont had upheld the use of race in student assignment or magnet school admissions in school districts not already under court order; it did so on the grounds that the state had a compelling interest in racial diversity.

In August, 2016, the First District Court of Appeals affirmed the ruling of the Circuit Court, holding that the plaintiffs suffered no special injury from the tax credit scholarship program, and that the state legislature did not exceed its authority under the constitution.

Denver District Court found in 2011 the program violated the Public School Finance Act of 1994 and other provisions of the state Constitution, but it was overturned by the Colorado Court of Appeals in 2013, saying the petitioners lacked standing to sue under the act and that the voucher program did not violate the state Constitution.

But while most states Hyslop studied identified fewer schools in need of improvement under the waivers, Indiana actually designated more schools as «focus» and «priority» after appealing to the federal government for flexibility.

While MSD supporters had completed many tasks in connection with 1995 application, both Clifford Moers, the leader of steering and core committees and William Bethke, an attorney recruited to pursue appeals to the State Board concluded by the summer of 1995 that a language policy was an element of the proposal that was under developed.

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.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

The Supreme Court's ruling that an IEP must be appropriately ambitious in light of the student's circumstances is not a dramatic change for school districts within the United States Court of Appeals for the Fifth Circuit as that analysis is already utilized under the Michael F. factors.

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.

(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.