Sentences with phrase «statutory language for»

Other states could easily adopt similar laws, using ALDF's Model Animal Protection Laws Collection, which includes statutory language for civil injunctive relief for criminal violations.

This requirement is even built into current statutory language for accountability data.

The working group will examine a range of issues, including removing outdated and redundant provisions in the state's alcoholic beverage control laws and modernizing statutory language for clarity.

Not exact matches

«The statutory language is so elastic, you can fit almost anything into it,» says Jeffrey Rowes, a senior attorney at the Institute for Justice.

For decades, the FEC has interpreted the «directly or indirectly» language in this statutory ban broadly to include participation by foreign nationals in decisions involving election - related activities.

«The budget includes the flexibility to react to needs that emerge during the fiscal year, and every dollar of spending must meet the statutory and program requirements established within appropriation language and be subject to a rigorous agency review process,» said Morris Peters, a spokesman for Gov. Andrew Cuomo's budget office.

No appointment has been made yet but the Commissioner, Meri Huws says that the official «will work closely with (Whitehall) departments to ensure they develop their Welsh language services in line with the relevant statutory framework for the Welsh language for the benefit of the people of Wales.»

Not only is the bill language murky on what is actually required, but it's unclear if counties have the statutory ability to shift functions like tax collection, for instance, from town to county control.

Anyone familiar with the NCLB provision cited as the authority for state waivers or the statutory language that gave rise to Race to the Top knows this Department is, shall we say, expansive when deducing its powers.

Massachusetts, for example, has a statutory requirement to develop student assessments at three grade levels in five subject areas (English, math, history, science, and foreign languages).

The statutory language itself — forcing districts to show that they have some resource allocation method, and that it does not penalize Title I schools — is clear, and should be acknowledged as a major step forward for equity.

For statutory language, see Arizona Revised Statutes, Title 15, 15 - 2401, http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/15/02401.htm&Title=15&DocType=ARS.

In the Department's fiscal year (FY) 2006 appropriations bill, Congress also included language overriding the statutory provision that SEAs use 50 percent of the amount available for grants to Local Education Agencies (LEAs) for formula awards and 50 percent for competitive awards.

The original proposed legislation provided statutory language that would enhance professional standards and support for beginning teachers, along with strengthening and improving administrative standards and practices in the evaluation process for beginning teachers.

The Connecticut General Assembly is returning to Hartford for a special session to pass the statutory language needed to implement the state budget that the Democratic controlled legislature passed earlier this month.

[FN55] The broad statutory language in the FTC act allows for successful prosecution of companies which may have changed slightly their business practices to exploit loopholes in more tightly worded legislation.

The take away for lawyers should be to craft your jury instructions so that they comply with the statutory language.

Perhaps just as notable as the result is the court's method for arriving at its conclusion — an involved discussion of statutory construction that generalizes the «proximate causation» language, rather than restricting it to the subsection in which it occurs.

If the defendant refused to take the breath test after being advised pursuant to the statutory language by the police of the one - year sanction faced for a refusal (and the jail risked for a refusal where the defendant has prior refusal or DWI convictions), the first - offense sanction for so refusing is a civil offense carrying one year of no driving and no restricted driving privileges.

The language of the contractual termination clause violated the statute because it set out an exhaustive summary of what the plaintiff was to receive upon termination — «drawing the circle» around the employee's termination entitlements — but failing to provide for benefits continuation during the statutory notice period.

Defenses against a refusal charge are that the police arrested without probable cause to believe the defendant was in violation of the DWI law, that the defendant did not refuse (police will sometimes list inability to blow into the machine sufficiently as a refusal, when they should instead then offer a blood test), and that the refusal was reasonable (for instance, the defendant can argue whether the test runs counter to his or her religion, or whether the police followed up the implied consent statutory language with confusing commentary on it).

Justice Stratas indicates, in the spirit of this article, that legislative words matter and that there are many contextual factors which might provide that a presumption of deferential review (or reasonableness, whatever we want to call it), is rebutted, and a narrower margin must be accepted: for example, «statutory recipes that must be followed,» statutory purposes, settled case law, discretionary decisions, and importantly, clear statutory language.

There's really no statutory authority for the AIG takeover... I won't bother noting that the DC Circuit, were it to sit in judgment on whether the Fed could buy the world's largest insurer, would undoubtedly conclude that the plain language of its governing statute (which is to make emergency loans, not require takeovers in exchange) would not permit the takeover under Chevron USA v. NRDC.

The majority applied the plain meaning rule of statutory interpretation and the modern principle to the Act, and pointed to the broad language used for the definition of treatment:

Here, I aim to: (1) demonstrate that expertise writ large does not provide a sound justification for deference on questions of law, unless incorporated into the decision - maker's enabling statute and (2) relatedly, argue that deference is not prescribed by extralegal justifications such as expertise, but only by statutory language, which determines the leeway a court should afford to a decision - maker.

However, if statutory language is the focus, expertise can be a supporting justification for deference if represented in statutory language.

There is only a need for a court to defer where there is some indication in language to do so, including a statutory indication of expertise.

The key issue for the court was to assess the statutory language in respect of the degree of knowledge YouTube may have had of the specific infringements.

Pre-Oudin there was an accepted «rule book» about required language for employees to contract out of their entitlement to common law notice of termination of employment — and to restrict themselves to statutory minimums under the Employment Standards Act, 2000 — without offending the ESA.

I noted in a more thorough analysis on Pro and Contracts that the statutory language being enforced by Minnesota also provides no guidance on enforcement — or even for how the law or penalties would pragmatically apply to this situation.

Even assuming the correctness of the rationale of Wilhalme and Grant, in light of the fact that the statutory language is arguably open to more than one interpretation, those cases do not support the State's arguments in this case, which call more for a rewriting than judicial interpretation of the statutes at issue.

In this case, the agency's criteria for CBM patents lacked a sound basis in either the statutory language or legislative history.

For example, the South Dakota legislature expressly preempts county legislative authority to regulate most aspects of firearms and ammunition with the following statutory language:

President Trump has recently provided us law profs with an interesting example of ambiguously ambiguous statutory language, suitable for in - class problems or final exams.

The grammatical and ordinary sense of the words used in s. 233 of the Criminal Code supports the conclusion the legislator did not intend to restrict the availability of infanticide to situations where the psychological health of the woman was substantially compromised or where a mental disorder was established; the statutory language also shows there is no requirement for a causal connection between the disturbance of the accused's mind and the act or omission causing the child's death; but there is, however, a required link between the disturbance and not having fully recovered from the effects of giving birth to the child or of the effect of lactation consequent on the child's birth ̶ in either case the disturbance must be «by reason thereof».

The one substantive addition to the statutory exception language was with respect to the statutory exception, «for other purposes.»

[20] Indeed, the same could be said of review for error of law: sometimes the statutory language will create a wide range of rational outcomes; [21] on other occasions the range will be narrower, perhaps containing only one outcome.

The primary justifications provided by commenters for restricting the scope of covered individually identifiable health information under the regulation were that such an approach would reduce the complexity, burden, cost, and enforcement problems that would result from a rule that treats electronic and non-electronic records differently; would appropriately limit the rule's focus to the security risks that are inherent in electronic transmission or maintenance of individually identifiable health information; and would conform these provisions of the rule more closely with their interpretation of the HIPAA statutory language.

This is a remarkable proposition — for which the court provides no authority beyond the statutory language.

But very careful statutory language would be needed to impose on a company innocent of any polluting activity a liability to pay for works to remedy pollution caused by others to land it had never owned or had any interest in.

There is however, no officially adopted statutory language or other factors for consideration set out in the statute that promote shared parenting.

For parents who get along reasonably well (at least for the sake of the children) the change in the statutory language from «custody» and «visitation» to «parental responsibilities» and «parenting time» will make little differenFor parents who get along reasonably well (at least for the sake of the children) the change in the statutory language from «custody» and «visitation» to «parental responsibilities» and «parenting time» will make little differenfor the sake of the children) the change in the statutory language from «custody» and «visitation» to «parental responsibilities» and «parenting time» will make little difference.

Over time, with the passage of the Family Support Act of 1988 requiring all states to develop and implement formulas to compute the amount of money that should be sent by the «absent» parent (yes indeed, the statutory language assumes one parent is absent), the court - based child support system for divorcing or never married parents turned into a bureaucratic system with draconian powers to garnish wages, take tax refunds, licenses and impose other punishments for people who fail to properly support their children.

Still, this is the first reference in the statute to custodial relationships that are not related to a marriage, giving rise to the inference in the absence of more specific language, that the courts» practice of using the statute for all custody cases is consistent with the legislature's statutory intent.