Provincial and territorial governments may also enact additional bankruptcy provisions that comport
with the federal statutes.
It may be that this very cautious approach originates in the Act's desire to assert that the deceased or protected person has «consented» to the fiduciaries» access to the digital assets, in order to comply
with the federal statutes discussed below.
Your motor carrier operations pose an imminent hazard to the public because of serious and ongoing non-compliance
with the Federal statutes and regulations including the FMCSRs relating to commercial motor vehicle maintenance.
(3) Notwithstanding any other provision of this chapter to the contrary, if the administrator finds that an immediate danger to the public health, safety, or welfare requires adoption of a regulation upon fewer than 35 days» notice or that action is required by or to comply
with a federal statute or regulation which requires adoption of a regulation upon fewer than 35 days» notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency regulation.
That case dealt
with a federal statute making it illegal to falsely claim that you had won any medal that Congress had authorized to be awarded to the armed forces.
This has not been my area of practice, but I would start
with the Federal statute title governing immigration and then expect to find the details in the Code of Federal Regulations (both online).
Not exact matches
All this said,
with scant new regulatory activity on the horizon at the
federal level, siloed
statutes at the state level are a whole lot better than nothing.
The Arbitrator (i) shall apply internal laws of the State of New York consistent
with the
Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable
Federal Arbitration Act and applicable
statutes of limitations, or, to the extent (if any) that
federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable
federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent
with New York or
federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable
federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
In a blow to independent contractors for transportation companies seeking to be classified as employees of the firms they work
with, a
federal district judge in Massachusetts ruled the state's independent - contractor law failed to override a 1994
federal statute pre-empting state regulation of a motor carrier's rates, routes and services.
A number, but not all, of the corporate
statutes in Canada are based on the
Federal Business Corporations Act
with slight variations.
«We have talked a lot
with the DOL, and we've tried to coordinate and work
with them, but they have to operate under the Employee Retirement Income Security Act (ERISA), which is quite a different
statute than the
federal securities laws,» Schapiro said.
Before joining DFAIT, he worked at the Department of Finance, including from 1983 - 1990
with the Financial Sector Policy Branch where he served as Project Director, Financial Institutions Reform Project, and chaired the Inter-Departmental Legislative Review Committee, which guided the development of the 1992 reforms that overhauled the
federal financial institutions
statutes (the Bank Act, the Insurance Companies Act, the Trust and Loan Companies Act and the Cooperative Credit Associations Act).
Most of what a
Federal Reserve Board member does is dealing
with microeconomic issues having to do
with bank regulation, bank mergers, bank supervision, consumer protection laws, CRA [Community Reinvestment Act], fair lending
statutes — all kinds of things that have nothing to do
with monetary policy.
• 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.
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.
In the event you fail to pay for the access granted (if applicable), and / or share the access granted
with any person or entity, or misuse the Service by any means actionable under a
federal, state, or local
statute, code, regulation, law, and / or civil action, we will consider your access as having been acquired by fraud or misrepresentation and will terminate your access.
An Obama - era
federal statute, DACA has re-emerged in headlines this week after President Trump signaled that he would let DACA expire next year if Congress can not come up
with a replacement plan.
«It is instead
with the broader legal implications of the government's boundless interpretation of the
federal bribery
statute,» Roberts wrote.
At least not after the guidance the Supreme Court had handed down in the McDonnell case, which found the justices grappling
with what counts as an «official act» under
federal anti-bribery
statute.
It is instead
with the broader legal implications of the Government's boundless interpretation of the
federal bribery
statute.»
We will review the legislation in the context of implementing the Compassionate Care Act and complying
with existing
federal statutes.»
But the state Republican party filed a complaint
with the SEEC in late 2014, saying the Democratic Party violated the clean - elections
statutes by taking advantage of the federally regulated account's ability to accept contractor contributions under
federal election laws that are less restrictive than Connecticut's.
He made no bones about the legal thinking behind his warning: «There were, quite frankly, concerns
with federal mail fraud
statutes.»
The Court is scheduled to rule after December 1st on the US Department of Justice's motion to compel New York State to comply
with the MOVE Act requirement to transmit ballots to military and overseas voters not later than 45 days before election day for
federal office rather than the 32 day deadline currently provided for in state
statute.
Governor Andrew Cuomo Thursday signed the bill, which would allow those
with health effects associated
with a
federal or state superfund site to file a personal injury suit by suspending the
statute of limitations for three years after such a designation.
Bruno was convicted on two felony charges in December 2009, but the Supreme Court retooled the
statute used by
federal prosecutors against him, triggering a second trial that ended
with his acquittal.
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.
The
federal witness - tampering
statute (18 U.S. code 1512), for example, applies to» [w] hoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person,
with intent to... influence, delay, or prevent the testimony of any person in an official proceeding» or «cause or induce any person to --»
Gay rights advocates aligned
with the former first lady attacked Pence's opposition to allowing gays and lesbians to serve in the military, and his votes against
federal measures that extended hate crimes
statutes to cover them.
The RECIPIENT agrees to use the MATERIAL in compliance
with all applicable
statutes and regulations, including, for U.S. RECIPIENTS, applicable U.S.
Federal statutes and Public Health Service policies for the use and care of laboratory animals (see 7 USC 2131 et.
The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the
Federal Arbitration Act in conformity
with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration
statutes).
The proposal, which would also replace the 38
federal civil - rights laws
with just one
statute, is the work of staff members of the House Wednesday Group — an «information - exchange» consortium of 31 members, according to an aide.
Implementation of national
statutes is always problematic in a
federal system and
with a national legislature that habitually underfunds its promises.
These are the most important, but by far not the only, mandates of the Individuals
with Disabilities Education Act (IDEA), the
federal statute that, under various names, has guided special education policy since 1975.
Based on a long line of court decisions and guidance handed down by the
federal Office for Civil Rights, which administers both nondiscrimination
statutes — the Americans
with Disabilities Act and Section 504 — a court would most likely defer to educational experts, uphold standards supported by evidence of the SAT's validity, reliability, and technical underpinnings, and find flagging not to be unlawful discrimination.
Districts then had nearly unfettered control over how these funds were spent; activities merely had to comport
with four major
federal education
statutes, including the Elementary and Secondary Education Act — laws that, despite many years and billions invested, hadn't adequately improved our schools.
Literally hundreds of
federal programs (starting
with but by no means limited to Title I and IDEA) will need to be reshaped by
statute (or consolidated or abolished) for «loose» to work.
With one notable exception (spurring long overdue changes in some state laws), the implementation of this mammoth
statute has confirmed several humbling, hoary lessons of
federal policymaking, including the limited ability of Uncle Sam to drive education reform.
The experience in the 1950s and 1960s definitely led to the prohibition of such efforts in
federal statutes — prohibitions that the Obama administration has violated in recent years by endorsing national curriculum standards and funding national tests and national curriculum frameworks together
with related teaching materials and lesson plans.
At a Dec. 3 - 4 meeting in Philadelphia that focused primarily on higher education, the 15 - member Commission on Opportunities in Athletics talked about ways to correct what some believe are problems
with the 30 - year - old
statute that prohibits sex discrimination at educational institutions that accept
federal funds.
If a child - study team denies a student
with a disability the opportunity to exercise choice, that team is violating the student's rights, which are protected under multiple
federal and state
statutes.
The judiciary's role in social policymaking expanded broadly
with the rights revolution of the 1960s, as the public's thirst for «total justice» combined
with the courts» willingness to embrace new legal doctrines, increasingly long and complicated
federal statutes, and the emergence of well - funded advocacy organizations to generate a surge of litigation across policy areas.
The amended
federal statute is clear: «No parentally placed private school child
with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.»
Each module in the policy series provides a summary of
federal and state
statutes and regulations
with hyperlinked citations and related materials applicable to open enrollment charter schools in Texas.
AASA, the School Superintendents Association, highlighted a joint letter on the Dept. of Education's proposed «supplement, not supplant» regulations, which called them «far - reaching
federal mandates» that are «in conflict
with the spirit and intent of the underlying
statute, which is premised on state and local...
The U.S. Department of Education agreed
with Crossey's assessment, issuing a
federal order on November 19th saying that charter schools had to be treated as individual schools and that the move to evaluate them using the district method was «not aligned
with the
statute and regulations.»
The development of the IEP is required in the
federal Individuals with Disabilities Education Improvement Act (IDEA 2004), its regulations (known as 34 Code of Federal Regulations [CFR] Parts 300 and 301), and in Minnesota state special education rules and st
federal Individuals
with Disabilities Education Improvement Act (IDEA 2004), its regulations (known as 34 Code of
Federal Regulations [CFR] Parts 300 and 301), and in Minnesota state special education rules and st
Federal Regulations [CFR] Parts 300 and 301), and in Minnesota state special education rules and
statutes.
The key
statute Cronin is following is the agreement to test 95 percent of students in affiliation
with the
federal No Child Left Behind law.
These include respecting Indian tribal self - government and sovereignty, consulting
with tribal officials on the need for
Federal standards, and providing «the maximum administrative discretion possible» where Indian tribal governments administer
Federal statutes and regulations.
Using a multidisciplinary approach, FHWA ensures compliance
with Title VI and related nondiscrimination
statutes and regulations, and monitors and evaluates FHWA
Federal - aid recipients» and subrecipients» efforts to prevent, resolve, or mitigate issues / situations that could lead to Title VI violations.