Sentences with phrase «when federal statutes»

I recall when federal statutes in Canada had «stable» in their title, to indicate the long - term repository — but of course -LRB-?)

«While federal laws are presumed not to preempt state laws, courts do not invoke that presumption when the federal statute contains an express preemption clause.»

Not exact matches

He was proved to be absolutely prophetic when, just ten years later, the court ruled in United States v. Windsor that the Defense of Marriage Act was unconstitutional — thus striking down the federal statute defining marriage exclusively as the union of a man and a woman.

The rational basis test is always applied first when a state or federal statute is challenged as a violation of the Fourteenth Amendment Equal Protection Clause.

David Golub, the Democrats» attorney, argued in court that when the state contractors» ban bumps up against more - permissive federal campaign - financing statutes, the federal law «pre-empts» the state law and thus the SEEC subpoena isn't valid.

When they are representing a client in a matter such as an initial public offering in which confidentially is guaranteed by federal statute, they will submit the full names to a «locked box» maintained by the Office of Court Administration that will be opened at a later date.

When the bill passed the Senate, a Cuomo spokesman said the administration would review the legislation in the context of implementing the Compassionate Care Act and complying with existing federal statutes.

Last year, when he tried to register his logo, examining attorney Rachel Blue denied the application based on a federal statute that allows such a decision if the logo is «immoral, deceptive or scandalous».

The bill, HR 1523, enjoyed bipartisan support until last week, when the House Subcommittee on Select Education approved an amendment that would incorporate federal regulations protecting the rights of all handicapped individuals into the statute — thus barring changes in the rules without Congressional approval.

Success is declared when an overly rigid federal accountability statute is replaced by a less forceful accountability law.

These including taking action only when a problem is of «national significance» and providing «the maximum administrative discretion possible» where States administer Federal statutes and regulations.

Bankruptcy exemptions are legal statutes, either state or federal, which will protect a certain portion of your assets from unsecured creditors when you file for bankruptcy protection.

When someone in the U.S. communicates something to someone outside the U.S. that does not have the same level of protections for free speech that the U.S. does, there are federal statutes that provide that a judgment obtained there is not enforceable in the United States.

As we'd expect from the above, when States enact alienage statutes, they're subject to strict scrutiny, and when those statues cross the line, the courts have found that State attempts to restrict resident or non-resident aliens encroach upon the federal government's exclusive control over entrance of aliens.

This pocket guide is designed to familiarize federal judges with statutes and procedures established to help public courts protect government secrets when courts are called upon to do so.

When it comes to earlier materials, documents, if they have been digitized, may pop up in any number of places, such as HeinOnline for federal statutes.

Finally, the Federal Court of Appeal noted that clients may be better served when dealing with complex statutes such as the Income Tax Act if their counsel are able to work collaboratively in furtherance of completing transactions in which the parties have a sufficient common interest.

As far as I understand, when a federal court declares a federal statute unconstitutional, lower court simply adopts the same practice in the future and no repeal of the statute is required.

U.S. law has a whole sub-field a statutes and legal doctrines like the Rooker - Feldman doctrine designed to prevent these conflicts from coming up when they arise between federal and state courts.

I often notice that statutory interpretation is much easier when I resort to the French version of a federal statute.

The majority was also influenced by the fact that the statute clearly excludes appointing Federal Court judges to sit as ad hoc members of the Supreme Court when it hears Québec cases — the majority's interpretation therefore reconciles two different but similar provisions, rather than leaving them at odds.

If so, the bigger issue will be how the Court draws the line as to when courts may look behing the plain meaning of statutory terms when determining the scope of conduct made illegal by a federal criminal statute.

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.

When four other conservative justices were prepared to overturn federal statutes as unconstitutional, Scalia was invariably prepared to join them.

[18] Paragraph (d)(2) recognizes that a lawyer may provide legal services in a jurisdiction in which the lawyer is not licensed when authorized to do so by federal or other law, which includes statute, court rule, executive regulation or judicial precedent.

These days, since there is now a right to appeal a criminal conviction under state law or federal statute (but not the U.S. Constitution), a writ of habeas corpus is only brought when direct appeals of a conviction have been exhausted, often several years after the original conviction (which makes a writ of habeas corpus only useful for convictions involving long sentences of incarceration).

Despite the fact that the Federal statutes are available for free at the Department of Justice website and on CANLII, offline access and the ability to annotate, bookmark and do basic searching makes this a handy app when away from the office or when going online is not possible or convenient.

Especially when what's at stake is the language in an otherwise obscure 1875 federal statute, where it's important to get the language just so.

The Equal Access to Justice Act, which provides for fees when a litigant prevails in an action brought by the United States and Section 1988, which provides for fees for prevailing parties in civil rights actions are two of the best known federal fee - shifting statutes.

Therefore, federal assessment of impacts in these areas with a view to preventing significant adverse effects is likely intra vires, even when there is no decision to be made under other Federal stfederal assessment of impacts in these areas with a view to preventing significant adverse effects is likely intra vires, even when there is no decision to be made under other Federal stFederal statutes.

Moreover, section 4 (b) of the Executive Order authorizes preemption of state law in the federal rule making context when there is «the exercise of state authority is directly conflicts with the exercise of federal authority under federal statute * * *.»

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)

This approach is a key component of the final Privacy Rule, and it adheres to section 4 (a) of Executive Order 13132, which expressly contemplates preemption when there is a conflict between exercising state and federal authority under federal statute.

I understand that when a bill is signed into law by the President it is sent to the Office of the Federal Register to be assigned a law number and paginated for the United States Statutes at Large.

By analogy, when a state legislature fails to adopt a redistricting plan that complies with the constitution, which is normally a political question, this failure to act allows a federal court to craft a redistricting plan as a remedy for the failure of the legislature to act, in order to protect the constitutional rights of voters and candidates in future elections, even though no express language of the constitution or statute addresses the remedy when a state legislature fails to pass a redistricting plan.

A federal district court recently declared unconstitutional portions of a Rhode Island statute which imposed both civil and criminal penalties when public records were used «to solicit for commercial purposes.»

General business and personal reputation, in addition to criminal convictions and charges under the Criminal Code of Canada, and contraventions of Federal Statutes such as Income Tax Act, or Provincial Statutes such as the Real Estate Services Act, Securities Act, Insurance Act, or Mortgage Broker's Act, or whether an applicant has been disciplined by a professional body will be reviewed when considering an applicant's «good reputation».