Sample records for state laws rules

  1. Illegal Immigration in the United States: Implications for Rule of Law and National Security

    DTIC Science & Technology

    2012-02-15

    AIR WAR COLLEGE AIR UNIVERSITY ILLEGAL IMMIGRATION IN THE UNITED STATES: IMPLICATIONS FOR RULE OF LAW AND NATIONAL SECURITY By Paul A...government’s failure to strictly enforce immigration laws presents national security vulnerabilities and is subversive to the rule of law . Without...the rule of law , serious social tensions will occur that impel states and localities to fill the void left by the lack of immigration enforcement. In

  2. 29 CFR 18.302 - Applicability of state law.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 1 2014-07-01 2013-07-01 true Applicability of state law. 18.302 Section 18.302 Labor... OFFICE OF ADMINISTRATIVE LAW JUDGES Rules of Evidence Presumptions § 18.302 Applicability of state law... State law supplies the rule of decision is determined in accordance with State law. Relevancy and Its...

  3. State Board of Education Rules for Handicapped Students (Including Federal Regulations and State Law).

    ERIC Educational Resources Information Center

    Texas Education Agency, Austin. Div. of Special Education.

    The handbook outlines Texas State Board of Education (SBOE) rules regarding the education of handicapped students. A chart format is used to present applicable Federal regulations, state law, and SBOE rules. The following topics are among those considered under clarifications of definitions in federal regulations and state law: handicapped…

  4. 77 FR 56571 - Unincorporated Business Entities

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-09-13

    ... under State law for certain business activities. For purposes of this proposed rule, a UBE includes... unincorporated business trusts, organized under State law. This rule does not apply to UBEs that one or more... System institutions to organize entities under State law to engage in business activity. However...

  5. 43 CFR 404.57 - Does this rule have any affect on state water law?

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... water law? 404.57 Section 404.57 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR RECLAMATION RURAL WATER SUPPLY PROGRAM Miscellaneous § 404.57 Does this rule have any affect on state water law? No. Neither the Act nor this rule preempts or affects...

  6. Altered states: state health privacy laws and the impact of the Federal Health Privacy Rule.

    PubMed

    Pritts, Joy L

    2002-01-01

    Although the Federal Health Privacy Rule has evened out some of the inconsistencies between states' health privacy laws, gaps in protection still remain. Furthermore, the Federal Rule contains some lax standards for the disclosure of health information. State laws can play a vital role in filling these gaps and strengthening the protections afforded health information. By enacting legislation that has higher privacy-protective standards than the Federal Health Privacy Rule, states can play three important roles. First, because they can directly regulate entities that are beyond HHS's mandate, states can afford their citizens a broader degree of privacy protection than the Federal Health Privacy Rule. Second, by having state health privacy laws, states can enforce privacy protections at the local level. Finally, action by the states can positively influence health privacy policies at the federal level by raising the standard as to what constitutes sufficient privacy protection. High privacy protections imposed by states may serve as the standard for comprehensive federal legislation, if and when Congress reconsiders the issue. So far, states' reactions to the Federal Privacy Rule have been mixed. Only time will tell whether states will assume the mantle of leadership on health privacy or relinquish their role as the primary protectors of health information.

  7. Prevalence of smoke-free car and home rules in Maine before and after passage of a smoke-free vehicle law, 2007-2010.

    PubMed

    Murphy-Hoefer, Rebecca; Madden, Patrick; Maines, Dorean; Coles, Carol

    2014-01-16

    This is the first study to examine the prevalence of self-reported smoke-free rules for private cars and homes before and after the passage of a smoke-free vehicle law. Data were examined for 13,461 Maine adults aged 18 or older who participated in the Behavioral Risk Factor Surveillance System, a state-based telephone survey covering health topics. Self-reported smoke-free car and home rules, smoking behavior, and demographic variables of age, sex, education, income, and children in household were analyzed for prevalence before and after the state's smoke-free vehicle law was passed. Prevalence of smoke-free car and home rules was significantly higher after Maine's smoke-free vehicle law was passed in the state (P = .004 for car rules and P = .009 for home rules). Variations in smoking rules differed by smoking and demographic variables. People with household incomes of less than $20,000 saw an increase of 14.3% in smoke-free car rules; overall, those with annual incomes of less than $20,000 and those with less than a high school education reported a lower prevalence of smoke-free car rules both before and after the law was passed than did people with higher incomes and higher education levels. The prevalence of smoke-free home rules after the law was implemented was higher among those with 4 or more years of college education than among those with lower levels of education (P = .02). The prevalence of smoke-free car and home rules among Maine adults was significantly higher after the passage of a statewide smoke-free vehicle law. This apparent change in smoke-free rule prevalence may be indicative of changing social norms related to the unacceptability of secondhand smoke exposure.

  8. 28 CFR 77.3 - Application of 28 U.S.C. 530B.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ..., in all civil investigations and litigation (affirmative and defensive), and in all civil law... activities to the state rules and laws, and federal local court rules, governing attorneys in each State...

  9. 28 CFR 77.3 - Application of 28 U.S.C. 530B.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ..., in all civil investigations and litigation (affirmative and defensive), and in all civil law... activities to the state rules and laws, and federal local court rules, governing attorneys in each State...

  10. 28 CFR 77.3 - Application of 28 U.S.C. 530B.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ..., in all civil investigations and litigation (affirmative and defensive), and in all civil law... activities to the state rules and laws, and federal local court rules, governing attorneys in each State...

  11. 28 CFR 77.3 - Application of 28 U.S.C. 530B.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ..., in all civil investigations and litigation (affirmative and defensive), and in all civil law... activities to the state rules and laws, and federal local court rules, governing attorneys in each State...

  12. 28 CFR 77.3 - Application of 28 U.S.C. 530B.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ..., in all civil investigations and litigation (affirmative and defensive), and in all civil law... activities to the state rules and laws, and federal local court rules, governing attorneys in each State...

  13. 43 CFR 404.57 - Does this rule have any affect on state water law?

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 43 Public Lands: Interior 1 2012-10-01 2011-10-01 true Does this rule have any affect on state water law? 404.57 Section 404.57 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR RECLAMATION RURAL WATER SUPPLY PROGRAM Miscellaneous § 404.57 Does this rule have any affect on state water...

  14. Abandonment and reconciliation: addressing political and common law objections to fetal homicide laws.

    PubMed

    Curran, Douglas S

    2009-03-01

    Fetal homicide laws criminalize killing a fetus largely to the same extent as killing any other human being. Historically, the common law did not generally recognize feticide as a crime, but this was because of the evidentiary "born-alive" rule, not because of the substantive understanding of the term "human being." As medicine and science have advanced, states have become increasingly willing to abandon this evidentiary rule and to criminalize feticide as homicide. Although most states have recognized the crime of fetal homicide, fourteen have not. This is largely the result of two independent obstacles: (judicial) adherence to the born-alive rule and (legislative) concern that fetal homicide laws could erode constitutionally protected reproductive rights. This Note explores a variety of fetal homicide laws that states have adopted, demonstrating that popular opinion has shifted toward recognizing this crime. It then directly confronts the objections that have prevented other states from adopting such laws: it first reviews the literature suggesting that the born-alive rule should be abandoned, as it is an obsolete evidentiary standard; it then argues that constitutionally protected reproductive liberties can be reconciled with, and in fact augmented by, punishing the killing of a fetus as a homicide.

  15. 16 CFR 317.4 - Preemption.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Preemption. 317.4 Section 317.4 Commercial... this Rule, to preempt the laws of any state or local government, except to the extent that any such law conflicts with this Rule. A law is not in conflict with this Rule if it affords equal or greater protection...

  16. 78 FR 21826 - Defense Support of Civilian Law Enforcement Agencies

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-04-12

    ... Defense Support of Civilian Law Enforcement Agencies AGENCY: Department of Defense. ACTION: Final rule... to DoD support provided to Federal, State, and local civilian law enforcement agencies, including... for the Department of Defense support of civilian law enforcement agencies. This rule provides...

  17. 29 CFR 18.601 - General rule of competency.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true General rule of competency. 18.601 Section 18.601 Labor... OFFICE OF ADMINISTRATIVE LAW JUDGES Rules of Evidence Witnesses § 18.601 General rule of competency... competency of a witness shall be determined in accordance with State law. ...

  18. Supreme Court strikes down Montana's sodomy law.

    PubMed

    1997-08-08

    The Montana Supreme Court struck down the State's sodomy law and ruled that the law violates the State constitutional right to privacy. Until this ruling, all homosexual relations were labeled deviate sexual conduct, punishable by a $50,000 fine and 10 years in prison. No one had been prosecuted under the law since it was enacted in 1973, but its existence placed gay men and lesbians at risk of prosecution. The high court was not persuaded by the State's argument that the sodomy law was permissible because it prevented HIV infection and preserved public morality, largely because the law was enacted a decade before the first case of AIDS was reported in Montana.

  19. Biobanking Research and Privacy Laws in the United States.

    PubMed

    Harrell, Heather L; Rothstein, Mark A

    2016-03-01

    Privacy is protected in biobank-based research in the US primarily by the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and the Federal Policy for Protection of Human Subjects (Common Rule). Neither rule, however, was created to function in the unique context of biobank research, and therefore neither applies to all biobank-based research. Not only is it challenging to determine when the HIPAA Privacy Rule or the Common Rule apply, but these laws apply different standards to protect privacy. In addition, many other federal and state laws may be applicable to a particular biobank, researcher, or project. US law also does not directly address international sharing of data or specimens outside of the EU-US Safe Harbor Agreement, which only applies to receipt of data by certain US entities from EU countries, and is in the process of revision. Although new rules would help clarify privacy protections in biobanking, any implemented changes should be studied to determine the sufficiency of the protections as well as its ability to facilitate or hinder international collaborations. © 2016 American Society of Law, Medicine & Ethics.

  20. 78 FR 62367 - Changes To Implement the Patent Law Treaty

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-10-21

    ... Office 37 CFR Parts 1, 3 and 11 Changes To Implement the Patent Law Treaty; Final Rule #0;#0;Federal... 0651-AC85 Changes To Implement the Patent Law Treaty AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. SUMMARY: The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends...

  1. 78 FR 45051 - Unincorporated Business Entities; Effective Date

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-07-26

    ... under State law for certain business activities. In accordance with the law, the effective date of the...) institutions' use of unincorporated business entities (UBEs) organized under State law for certain business... business entities, such as unincorporated business trusts, organized under State law. The final rule does...

  2. 17 CFR 30.11 - Applicability of state law.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 17 Commodity and Securities Exchanges 1 2011-04-01 2011-04-01 false Applicability of state law. 30... FUTURES AND FOREIGN OPTIONS TRANSACTIONS § 30.11 Applicability of state law. Pursuant to section 12(e)(2) of the Act, the provisions of any state law, including any rule or regulation thereunder, may be...

  3. 17 CFR 30.11 - Applicability of state law.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 17 Commodity and Securities Exchanges 1 2012-04-01 2012-04-01 false Applicability of state law. 30... FUTURES AND FOREIGN OPTIONS TRANSACTIONS § 30.11 Applicability of state law. Pursuant to section 12(e)(2) of the Act, the provisions of any state law, including any rule or regulation thereunder, may be...

  4. 17 CFR 30.11 - Applicability of state law.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 17 Commodity and Securities Exchanges 1 2014-04-01 2014-04-01 false Applicability of state law. 30... FUTURES AND FOREIGN OPTIONS TRANSACTIONS § 30.11 Applicability of state law. Pursuant to section 12(e)(2) of the Act, the provisions of any state law, including any rule or regulation thereunder, may be...

  5. 16 CFR 315.11 - Effect on state and local laws.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Effect on state and local laws. 315.11 Section 315.11 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS CONTACT LENS RULE § 315.11 Effect on state and local laws. (a) State and local laws and regulations that...

  6. The legal environment for forestry prescribed burning in the South: regulatory programs and voluntary guidelines

    Treesearch

    Terry K. Haines; David A. Cleaves

    1999-01-01

    Southern States vary widely in their approaches to regulation and liability protection for prescribed burning. Most State air quality laws exempt prescribed burning from many open burning rules; however, monetary penalties are established for the rules that do apply. Forest protection laws address escaped fire and require permits or notification in all but two States....

  7. 24 CFR 5.315 - Content of pet rules: General requirements.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ...' content among projects and within individual projects, based on factors such as the size, type, location... not conflict with any applicable State or local law or regulation governing the owning or keeping of pets in dwelling accommodations. (d) Conflict with State or local law. The pet rules adopted by the...

  8. 42 CFR 403.914 - Preemption of State laws.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... Investment Interests § 403.914 Preemption of State laws. (a) General rule. In the case of a payment or other... controlling disease, injury, disability. (ii) Agencies that conduct oversight activities authorized by law...

  9. 42 CFR 403.914 - Preemption of State laws.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... Investment Interests § 403.914 Preemption of State laws. (a) General rule. In the case of a payment or other... controlling disease, injury, disability. (ii) Agencies that conduct oversight activities authorized by law...

  10. Avoiding legal pitfalls in surrogacy arrangements.

    PubMed

    James, Summer; Chilvers, Rebecca; Havemann, Dara; Phelps, John Y

    2010-12-01

    The goal of this article is to discuss the legal pitfalls that reproductive endocrinologists face when participating in gestational surrogacy contracts. This paper was composed using Westlaw and LexisNexis commercial legal search engines to perform a review of statutes and cases pertaining to gestational surrogacy. The search results demonstrated that in the absence of suitable preparation, there is significant potential for litigation while participating in gestational agreements. Providers caring for gestational carriers have been named as parties in lawsuits for failure to provide psychological screening, failure to screen for infectious disease and participation in gestational contracts that are not compliant with state law. There is great disparity in state laws and court rulings pertaining to gestational agreements. When legal disputes arise, individual state laws and court rulings are controlling over the Uniform Parentage Act. Likewise, recommendations by the American College of Obstetricians and Gynecologists and the American Society for Reproductive Medicine do not supersede state laws. The failure to abide by individual state laws unnecessarily exposes reproductive endocrinologists and their IVF facilities to potential litigation. In order to lessen exposure to litigation, an understanding of individual state legislation or historical court rulings is advised. Copyright © 2010 Reproductive Healthcare Ltd. Published by Elsevier Ltd. All rights reserved.

  11. Prevalence of Smoke-Free Car and Home Rules in Maine Before and After Passage of a Smoke-Free Vehicle Law, 2007–2010

    PubMed Central

    Madden, Patrick; Maines, Dorean; Coles, Carol

    2014-01-01

    Introduction This is the first study to examine the prevalence of self-reported smoke-free rules for private cars and homes before and after the passage of a smoke-free vehicle law. Methods Data were examined for 13,461 Maine adults aged 18 or older who participated in the Behavioral Risk Factor Surveillance System, a state-based telephone survey covering health topics. Self-reported smoke-free car and home rules, smoking behavior, and demographic variables of age, sex, education, income, and children in household were analyzed for prevalence before and after the state’s smoke-free vehicle law was passed. Results Prevalence of smoke-free car and home rules was significantly higher after Maine’s smoke-free vehicle law was passed in the state (P = .004 for car rules and P = .009 for home rules). Variations in smoking rules differed by smoking and demographic variables. People with household incomes of less than $20,000 saw an increase of 14.3% in smoke-free car rules; overall, those with annual incomes of less than $20,000 and those with less than a high school education reported a lower prevalence of smoke-free car rules both before and after the law was passed than did people with higher incomes and higher education levels. The prevalence of smoke-free home rules after the law was implemented was higher among those with 4 or more years of college education than among those with lower levels of education (P = .02). Conclusion The prevalence of smoke-free car and home rules among Maine adults was significantly higher after the passage of a statewide smoke-free vehicle law. This apparent change in smoke-free rule prevalence may be indicative of changing social norms related to the unacceptability of secondhand smoke exposure. PMID:24433624

  12. 31 CFR 210.3 - Governing law.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... CLEARING HOUSE § 210.3 Governing law. (a) Federal law. The rights and obligations of the United States and... rule changes with an effective date on or before September 21, 2007, as published in Parts II, III, and... publishing an amendment to this part in the Federal Register. An amendment to the ACH Rules that is accepted...

  13. 42 CFR 422.404 - State premium taxes prohibited.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... (CONTINUED) MEDICARE PROGRAM (CONTINUED) MEDICARE ADVANTAGE PROGRAM Organization Compliance With State Law and Preemption by Federal Law § 422.404 State premium taxes prohibited. (a) Basic rule. No premium tax...

  14. HIPAA privacy rules and compliance with federal and state employment laws: the participant authorization form.

    PubMed

    Brislin, Joseph A

    2003-03-01

    Although HIPAA privacy rules do not apply directly to employers or to employment records, they do apply indirectly to employers because employer-sponsored group health plans and all health care providers are covered. HIPAA privacy regulations overlap with federal and state employment laws, and liabilities for breach of confidentiality can be substantial. Employers can use a participant's authorization form to comply with employment laws and company policies. Sample authorization forms are provided at the end of this article.

  15. Pareto 80/20 Law: Derivation via Random Partitioning

    ERIC Educational Resources Information Center

    Lipovetsky, Stan

    2009-01-01

    The Pareto 80/20 Rule, also known as the Pareto principle or law, states that a small number of causes (20%) is responsible for a large percentage (80%) of the effect. Although widely recognized as a heuristic rule, this proportion has not been theoretically based. The article considers derivation of this 80/20 rule and some other standard…

  16. 76 FR 55619 - Performance Measurement for Special Postal Services

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-09-08

    ..., Corporate & Postal Business Law, United States Postal Service to Shoshana M. Grove, Secretary, Postal... & Postal Business Law, United States Postal Service. III. Background of Postal Service Proposals A...), Public Law 109-435, 120 Stat. 3198 (2006). The proposed rules described herein would establish reporting...

  17. State court rejects estoppel in job accommodation case.

    PubMed

    1997-07-25

    The Supreme Judicial Court of Massachusetts ruled that a person who applies for disability benefits does not forfeit his right to pursue an employment discrimination claim if the employer refuses to accommodate his disability. The court ruled in favor of [name removed], who sued the law firm of [name removed] and [name removed] in Boston for violating the State's Anti-Discrimination Law. The law firm cited Federal and State precedents to show that [name removed] should be estopped from pursuing his lawsuit. [Name removed], who had multiple sclerosis, proved that he was capable of performing the tasks required of him as long as his schedule was flexible.

  18. Athletics and the Law.

    ERIC Educational Resources Information Center

    Appenzeller, Herb

    This book answers questions concerning athletics and the law. The chapters include trends in litigation, disruptive behavior, the changing attitude of the court toward married athletes, training rules, and good conduct codes. They include the problem of athletic travel, the changing role of state athletic associations with their diverse rules,…

  19. Court Directory - Alaska Court System

    Science.gov Websites

    FORMS SELF-HELP COURT RULES LAW LIBRARY ADMINISTRATION Home » Court Directory 'Unknown' © Carl Whitepages Law Libraries Locations, Contact Numbers State Observed Holidays List of State Observed Holidays | Go to Therapeutic Courts Homepage | Return to Court Homepage Law Libraries Anchorage - Staffed

  20. Grants and cooperative agreements to state and local governments, universities, hospitals, and other non-profit organizations--USDA. Interim final rule.

    PubMed

    1997-08-29

    This interim final rule amendment is issued to implement the Single Audit Act Amendments of 1996 (Public Law 104-156, 110 Stat. 1396) and the June 24, 1997, revision of OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" and to replace the existing audit requirements that are superseded by Public Law 104-156 and the revised A-133.

  1. 42 CFR 422.404 - State premium taxes prohibited.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ....404 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM MEDICARE ADVANTAGE PROGRAM Organization Compliance With State Law and Preemption by Federal Law § 422.404 State premium taxes prohibited. (a) Basic rule. No premium tax, fee, or...

  2. Chiropractic. New York State.

    ERIC Educational Resources Information Center

    New York State Education Dept., Albany. Office of the Professions.

    A reference guide to laws, rules, and regulations that govern the chiropractic practice in New York State is presented. After an overview of professional regulation in the state, licensing requirements/procedures for chiropractors are described. Provisions of Title VIII, Articles 130 and 132, of the Education Law are also covered, along with…

  3. 77 FR 33607 - Horse Protection Act; Requiring Horse Industry Organizations To Assess and Enforce Minimum...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-06-07

    ... context of the proposed rule's minimum penalty requirements. Two commenters stated that the law is clear... appeal process without being able to appeal the decisions to the Secretary or a court of law. As... court of law, which is why, the commenters stated, the USDA has proposed the minimum penalties to be...

  4. 77 FR 31682 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-29

    ... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of Private International Law, Office of the Legal Adviser, Department of State hereby gives notice that the ACPIL Online Dispute... through May 25, 2012, and will specifically address security issues relating to use of the ODR rules...

  5. Not bound by the law: legal disobedience in Israeli society.

    PubMed

    Rattner, A; Yagil, D; Pedahzur, A

    2001-01-01

    The issue of whether there is a 'prima facie obligation to obey the law' has intrigued human society since the days of Socrates. However, most of the writings in this field have dealt with theoretical aspects of the issue, such as the boundaries of legal obedience and frameworks defining the circumstances under which a citizen is not obliged to obey the law. Very few studies have investigated the phenomenon of legal disobedience empirically. The current study is based on a survey of Israeli citizens belonging to three sectors of the population (Jews in the general population, Israeli Arabs, and orthodox Jewish students enrolled in religious yeshiva seminaries). Respondents' attitudes towards the judicial system, the rule of law, and the duty to obey state laws were examined by means of a questionnaire especially designed for the study. The findings point to gaps between the three groups: Compared to the Arab population and the yeshiva students, support for state laws and the rule of law was stronger among Jews in the general population and, conversely, belief in the supremacy of other laws (i.e. religious laws) over state laws and readiness to take the law into one's own hands were stronger among the Arabs and the yeshiva students, compared to the general Jewish population. Copyright 2001 John Wiley & Sons, Ltd.

  6. 44 CFR 15.17 - Other laws.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Other laws. 15.17 Section 15... TRAINING CENTER § 15.17 Other laws. Nothing in the rules and regulations in this part will be construed to abolish any other Federal laws or any State and local laws and regulations applicable to Mt. Weather or...

  7. 49 CFR 397.3 - State and local laws, ordinances, and regulations.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES General § 397.3 State and local laws, ordinances, and regulations. Every motor vehicle containing hazardous materials must be driven...

  8. Public Accountancy Handbook.

    ERIC Educational Resources Information Center

    New York State Education Dept., Albany. Office of the Professions.

    A reference guide to laws, rules, and regulations that govern public accountancy practice in New York State is presented. In addition to identifying licensing requirements/procedures for certified public accountants, general provisions of Title VIII of the Education Law are covered, along with state management, professional misconduct, and…

  9. Fifty Educational Markets: A Playbook of State Laws and Regulations Governing Private Schools. School Choice Issues in Depth

    ERIC Educational Resources Information Center

    Hammons, Christopher

    2008-01-01

    There is a widespread misperception that private schools avoid government oversight or are "unregulated." In fact, private schools are subject to a wide variety of laws and regulations that run the gamut from reasonable rules to ensure health and safety to unreasonable rules that interfere with school curricula, preventing schools from pursuing…

  10. 28 CFR 35.103 - Relationship to other laws.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Relationship to other laws. 35.103... IN STATE AND LOCAL GOVERNMENT SERVICES General § 35.103 Relationship to other laws. (a) Rule of... regulations issued by Federal agencies pursuant to that title. (b) Other laws. This part does not invalidate...

  11. 75 FR 81547 - Defense Support of Civilian Law Enforcement Agencies

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-12-28

    ...] Defense Support of Civilian Law Enforcement Agencies AGENCY: Department of Defense. ACTION: Proposed rule... to DoD support provided to Federal, State, and local civilian law enforcement efforts, including.... Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act'' It has been certified that 32 CFR part 182...

  12. 78 FR 21787 - Changes To Implement the Patent Law Treaty

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-04-11

    ... Trademark Office 37 CFR Parts 1 and 3 Changes To Implement the Patent Law Treaty; Proposed Rule #0;#0...-0007] RIN 0651-AC85 Changes To Implement the Patent Law Treaty AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice of proposed rulemaking. SUMMARY: The Patent Law Treaties...

  13. Medicine Handbook.

    ERIC Educational Resources Information Center

    New York State Education Dept., Albany. Office of the Professions.

    A reference guide to laws, rules, and regulations that govern medical practice in the State of New York is presented. In addition to identifying licensing requirements/procedures for physicians, general provisions of Title VIII of the Education Law are covered along with state management, professional misconduct, and authorized acts. Regulations…

  14. 32 CFR 536.50 - Determination of damages-applicable law.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... ACCOUNTS CLAIMS AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.50 Determination of... giving rise to the claim occurred, including choice of law rules, is applicable. Therefore, the law of... claims accruing on or after September 1, 1995. The law of the place of the incident giving rise to the...

  15. 4 CFR 25.1 - Applicability and governing laws.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 4 Accounts 1 2012-01-01 2012-01-01 false Applicability and governing laws. 25.1 Section 25.1... OFFICE BUILDING AND ON ITS GROUNDS § 25.1 Applicability and governing laws. These rules and regulations, and the laws of the United States and the District of Columbia, apply to the Government Accountability...

  16. 46 CFR 201.20 - Attorneys at law.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 46 Shipping 8 2011-10-01 2011-10-01 false Attorneys at law. 201.20 Section 201.20 Shipping... PROCEDURE Appearance and Practice Before the Administration (Rule 2) § 201.20 Attorneys at law. Attorneys at law who are admitted to practice before the Federal courts or before the courts of any State or...

  17. 4 CFR 25.1 - Applicability and governing laws.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 4 Accounts 1 2013-01-01 2013-01-01 false Applicability and governing laws. 25.1 Section 25.1... OFFICE BUILDING AND ON ITS GROUNDS § 25.1 Applicability and governing laws. These rules and regulations, and the laws of the United States and the District of Columbia, apply to the Government Accountability...

  18. 4 CFR 25.1 - Applicability and governing laws.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Applicability and governing laws. 25.1 Section 25.1... OFFICE BUILDING AND ON ITS GROUNDS § 25.1 Applicability and governing laws. These rules and regulations, and the laws of the United States and the District of Columbia, apply to the Government Accountability...

  19. 46 CFR 201.20 - Attorneys at law.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Attorneys at law. 201.20 Section 201.20 Shipping... PROCEDURE Appearance and Practice Before the Administration (Rule 2) § 201.20 Attorneys at law. Attorneys at law who are admitted to practice before the Federal courts or before the courts of any State or...

  20. 32 CFR 536.53 - Evaluation of claims-general rules and guidelines.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... a professional negligence claim, the claimant will submit an expert opinion when requested. State... representative. Contributory negligence has given way to comparative negligence in most United States jurisdictions. In most foreign countries, comparative negligence is the rule of law. Note to § 536.53: For...

  1. 49 CFR 219.13 - Preemptive effect.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... law, rule, regulation, order or standard covering the same subject matter, except a provision directed... provisions of State criminal law that impose sanctions for reckless conduct that leads to actual loss of life...

  2. School Districts Face New Limitations under Commercial Drivers License Rules.

    ERIC Educational Resources Information Center

    Finkel, Karen

    1990-01-01

    Summarizes the Commercial Motor Vehicle Safety Act of 1986 requirements, discusses problems engendered by new state laws, and tells how school administrators can ensure that their state's law does not inhibit school bus driver recruitment and retainment. Basically, multiple commercial licenses are now illegal, and alcohol impairment standards are…

  3. 38 CFR 14.709 - Surety bonds; court-appointed fiduciary.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ..., where possible under State laws and rules of the court, corporate surety bonds in all court-appointed... procuring a corporate surety bond. Corporate bonds may be required of corporate fiduciaries in accordance with State laws. In cases wherein fiduciaries neglect or refuse to furnish corporate bonds, as...

  4. Medicare and state health care programs: fraud and abuse, civil money penalties and intermediate sanctions for certain violations by health maintenance organizations and competitive medical plans--HHS. Final rule.

    PubMed

    1994-07-15

    This final rule implements sections 9312(c)(2), 9312(f), and 9434(b) of Public Law 99-509, section 7 of Public Law 100-93, section 4014 of Public Law 100-203, sections 224 and 411(k)(12) of Public Law 100-360, and section 6411(d)(3) of Public Law 101-239. These provisions broaden the Secretary's authority to impose intermediate sanctions and civil money penalties on health maintenance organizations (HMOs), competitive medical plans, and other prepaid health plans contracting under Medicare or Medicaid that (1) substantially fail to provide an enrolled individual with required medically necessary items and services; (2) engage in certain marketing, enrollment, reporting, or claims payment abuses; or (3) in the case of Medicare risk-contracting plans, employ or contract with, either directly or indirectly, an individual or entity excluded from participation in Medicare. The provisions also condition Federal financial participation in certain State payments on the State's exclusion of certain prohibited entities from participation in HMO contracts and waiver programs. This final rule is intended to significantly enhance the protections for Medicare beneficiaries and Medicaid recipients enrolled in a HMO, competitive medical plan, or other contracting organization under titles XVIII and XIX of the Social Security Act.

  5. [Comparison of the legal basis for health prevention and promotion in the school laws of the federal states in Germany].

    PubMed

    Niehues, C; Höldke, B; Gericke, C A

    2006-02-01

    Health prevention and promotion in schools are key public health tasks in most countries. This study focuses on the importance given to prevention and promotion of health in law texts through comparatively analysing school laws for the sixteen federal states in Germany. The basis for the analysis are the sixteen federal school laws in Germany. A conceptual framework to analyse the law texts has been developed grouped according to the following categories: aims of literacy and education; development of organization; individual and social health; and security and accident prevention. Examples for second level categories include nutrition, motility, alcohol, violence, and road-traffic accident prevention. Based on a point-system of valuation, a ranking for the federal states was derived in terms of an assessment of the importance of health prevention and promotion in federal states' school laws. Berlin, Brandenburg and Mecklenburg-Vorpommern -- three "new" states (i. e. formerly East-German) are leading the ranking. Bavaria and Baden-Württemberg, two states that had been ruled by conservative governments for a long time, had special difficulties to take over new values in their legislation and occupied rank 14 in our ranking. The last place was taken by a state under social-democratic rule -- Nordrhein-Westfalen. However, this law dated from 1952 and a new law has just been passed in August 2005. The comparison of the school laws of the federal states in Germany demonstrates that there has been a substantial amount of change in recent years. In some school laws, the impulses of the Ottawa Charta regarding health prevention can be clearly recognised. In others prevention and promotion of health are only subordinated subjects. As in many other areas of social importance, reorientation is taking place. In particular, federal states who have placed little emphasis on school health will have to renew their corresponding legislation.

  6. Rules of the New York State Board of Regents Relating to Definitions of Unprofessional Conduct, with Amendments Adopted through February 1987.

    ERIC Educational Resources Information Center

    New York State Education Dept., Albany.

    Rules that define unprofessional conduct in New York State are presented by the State Board of Regents pursuant to the Education Law. General provisions for all professions are presented, along with general provisions for health professions and design professions. In addition, special provisions are presented for the following professions:…

  7. Borders, Corridors, and Economics: The Keys to Stopping Cross Border Violence

    DTIC Science & Technology

    2013-04-22

    control in the United States. The Tijuana Cartel, Federation Cartel, Gulf Cartel, Juarez Cartel, Sinaloa Cartel, Knights Templar Cartel, and Los Zetas...defeated rule of law and legitimate commerce migrated toward security. The lack of rule of law transmitted violence across Peru and was perpetuated by...million people live in poverty in Mexico. Deeply impoverished and unemployed people in Mexico have three options for survival: migration , tenuous and

  8. 32 CFR 536.53 - Evaluation of claims-general rules and guidelines.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... representative. Contributory negligence has given way to comparative negligence in most United States jurisdictions. In most foreign countries, comparative negligence is the rule of law. Note to § 536.53: For...

  9. 78 FR 76032 - Date of Political Party Nominations of Candidates for Special Primary Elections in New York

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-12-16

    ... of the party.'' N.Y. Elec. Law 6-114. New York Democratic and Republican State party committee rules... vote of the appropriate state or county party committee. See N.Y. Elec. Law 6-116. After a party... that the date of a special primary election held pursuant to N.Y. Elec. Law 6-114 or 6-116 is the date...

  10. 76 FR 42949 - Rules Implementing Amendments to the Investment Advisers Act of 1940

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-07-19

    ... $150 Million in Assets Under Management, and Foreign Private Advisers, Investment Advisers Act Release... investment advisers, state laws requiring registration, licensing, and qualification are preempted, but... 275 and 279 Rules Implementing Amendments to the Investment Advisers Act of 1940; Final Rule #0;#0...

  11. [Protection of unborn life by the state].

    PubMed

    Schell, W

    1993-08-01

    The German unification contract stated that up to December 31, 1992, a new legal regulation of abortion should be sought in the whole country in accordance with the basic law. Accordingly, under the pregnancy and family protection law (SFHG) of July 27, 1992, Paragraphs 218, Sections 1 and 219 of the penal code were amended stating that the termination of pregnancy by a doctor within 12 weeks of conception was not against the law in general, although the pregnant woman was obliged to be counseled at least 3 days before the procedure (term regulation with counseling requirement). However, through the ruling of May 28, 1993 (2 BvF 2/90, 2 BvF 4 and 5/92) the German Constitutional Court made a decision to the effect that Paragraphs 218, Sections 1 and 219 were unconstitutional. Thereby the reform of the abortion law faltered. The Parliament was required to conceive a law in agreement with this decision and the basic law. In the ruling there were important stipulations about the protection of human life. The newly drafted Paragraph 218, Section 1 was declared null and void, in particular because it did not consider that abortion undertaken after counseling within 12 weeks was against the law, nor were the new rules of Paragraph 219 about the content and organization of the duty to counsel. In order to guarantee the minimum requirements of protection of unborn human life by the state, the Senate replaced the nullified sections of the SFHG by a provisional regulation to be effective as of June 16, 1993, when Article 16 of the SFHG also became effective, which cancelled the term regulation valid in the new federal provinces until then. The provisional regulation stated that abortion would not be punished when performed by a doctor within 12 weeks of gestation, the pregnant woman asked for it, and proved to the doctor by an affidavit that at least 3 days before the procedure she had been counseled by an authorized counseling facility.

  12. Beyond the 2008 Justice Reforms: Establishing a Legitimate Rule of Law in Mexico with Jury Trials

    DTIC Science & Technology

    2011-10-28

    States with separation of powers , including executive, legislative, and judicial branches, granted by the 1917 Constitution. The executive branch role...law system prevents an overreaching judicial branch from legislating new laws. This provides a strong separation of powers . However, when coupled

  13. 28 CFR 35.103 - Relationship to other laws.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Relationship to other laws. 35.103 Section 35.103 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES General § 35.103 Relationship to other laws. (a) Rule of...

  14. 16 CFR 436.10 - Other laws and rules.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... franchisees outside of the disclosure document under Section 5 of the Federal Trade Commission Act. The... franchise practices laws of any state or local government, except to the extent of any inconsistency with part 436. A law is not inconsistent with part 436 if it affords prospective franchisees equal or...

  15. 16 CFR 436.10 - Other laws and rules.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... franchisees outside of the disclosure document under Section 5 of the Federal Trade Commission Act. The... franchise practices laws of any state or local government, except to the extent of any inconsistency with part 436. A law is not inconsistent with part 436 if it affords prospective franchisees equal or...

  16. 16 CFR 436.10 - Other laws and rules.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... franchisees outside of the disclosure document under Section 5 of the Federal Trade Commission Act. The... franchise practices laws of any state or local government, except to the extent of any inconsistency with part 436. A law is not inconsistent with part 436 if it affords prospective franchisees equal or...

  17. 16 CFR 436.10 - Other laws and rules.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... franchisees outside of the disclosure document under Section 5 of the Federal Trade Commission Act. The... franchise practices laws of any state or local government, except to the extent of any inconsistency with part 436. A law is not inconsistent with part 436 if it affords prospective franchisees equal or...

  18. 16 CFR 436.10 - Other laws and rules.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... franchisees outside of the disclosure document under Section 5 of the Federal Trade Commission Act. The... franchise practices laws of any state or local government, except to the extent of any inconsistency with part 436. A law is not inconsistent with part 436 if it affords prospective franchisees equal or...

  19. 28 CFR 35.103 - Relationship to other laws.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Relationship to other laws. 35.103 Section 35.103 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES General § 35.103 Relationship to other laws. (a) Rule of...

  20. 45 CFR 160.203 - General rule and exceptions.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... law, as applicable, provides for the reporting of disease or injury, child abuse, birth, or death, or... § 160.204 that the provision of State law: (1) Is necessary: (i) To prevent fraud and abuse related to...

  1. 45 CFR 160.203 - General rule and exceptions.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... law, as applicable, provides for the reporting of disease or injury, child abuse, birth, or death, or... § 160.204 that the provision of State law: (1) Is necessary: (i) To prevent fraud and abuse related to...

  2. 45 CFR 160.203 - General rule and exceptions.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... law, as applicable, provides for the reporting of disease or injury, child abuse, birth, or death, or... § 160.204 that the provision of State law: (1) Is necessary: (i) To prevent fraud and abuse related to...

  3. 45 CFR 160.203 - General rule and exceptions.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... law, as applicable, provides for the reporting of disease or injury, child abuse, birth, or death, or... § 160.204 that the provision of State law: (1) Is necessary: (i) To prevent fraud and abuse related to...

  4. 45 CFR 160.203 - General rule and exceptions.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... law, as applicable, provides for the reporting of disease or injury, child abuse, birth, or death, or... § 160.204 that the provision of State law: (1) Is necessary: (i) To prevent fraud and abuse related to...

  5. Constitutive law for the densification of fused silica with applications in polishing and microgrinding

    NASA Astrophysics Data System (ADS)

    Lambropoulos, John C.; Fang, Tong; Xu, Su; Gracewski, Sheryl M.

    1995-09-01

    We discuss a constitutive model describing the permanent densification of fused silica under large applied pressures and shear stresses. The constitutive law is assumed to be rate- independent, and uses a yield function coupling hydrostatic pressure and shear stress, a flow rule describing the evolution of permanent strains after initial densification, and a hardening rule describing the dependence of the incremental densification on the levels of applied stresses. The constitutive law accounts for multiaxial states of stress, since during polishing and grinding operations complex stress states occur in a thin surface layer due to the action of abrasive particles. Due to frictional and other abrasive forces, large shear stresses are present near the surface during manufacturing. We apply the constitutive law in estimating the extent of the densified layer during the mechanical interaction of an abrasive grain and a flat surface.

  6. Combating Corruption: How the Rule of Law Can Defeat a Culture of Impunity in Afghanistan

    DTIC Science & Technology

    2011-12-01

    empowerment of the Afghan public to participate in accountable and transparent government.95 Presently, the Justice Sector Support Program ( JSSP ) is...engaged in a multi-prong effort to develop and strengthen the capacity of the Afghan criminal justice sector.96 JSSP works with state justice...enforce the rule of law.101 Measuring Success Through CJIATF-Shafafiyat, JSSP , and similar efforts, formal justice institutions have been

  7. Jurisdiction and applicable law in cases of damage from space in Europe—The advent of the most suitable choice—Rome II

    NASA Astrophysics Data System (ADS)

    Smith, Lesley Jane; Doldirina, Catherine

    2010-01-01

    Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities were not the main focus of the Regulation but may well turn out to be an interesting spin-off. The Regulation prescribes general rules that will determine the law applicable to damage scenarios where more than one legal system applies. It is important for trans-national tort cases in that it does not limit the rules of applicable law to EU Member States only. This paper focuses on the common rules applicable to damage actions based on torts or other non-contractual obligations as they apply to damage caused by space activities. After an assessment of the relevant international and national law norms, the impact of the Rome II Regulation will be addressed.

  8. 22 CFR 66.2 - Location of description of organization and substantive rules of general applicability adopted as...

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... substantive rules of general applicability adopted as authorized by law, and statements of general applicability formulated and adopted by NED. 66.2 Section 66.2 Foreign Relations DEPARTMENT OF STATE PUBLIC... of description of organization and substantive rules of general applicability adopted as authorized...

  9. 12 CFR 707.1 - Authority, purpose, coverage and effect on State laws.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Authority, purpose, coverage and effect on... AFFECTING CREDIT UNIONS TRUTH IN SAVINGS § 707.1 Authority, purpose, coverage and effect on State laws. (a... National Credit Union Administration. In addition, the advertising rules in § 707.8 apply to any person who...

  10. State Law Challenges to School Discipline: An Outline of Claims and Case Summaries.

    ERIC Educational Resources Information Center

    Pressman, Robert

    This publication presents topic headings that may be used as a checklist of state law grounds for challenging a disciplinary action. Topics include: (1) illegality in rule adoption; (2) inadequate notice that conduct is subject to discipline; (3) existence of a protected interest; (4) inadequate notice of hearing; (5) inadequate hearing…

  11. 43 CFR 9239.0-8 - Measure of damage.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ..., DEPARTMENT OF THE INTERIOR TECHNICAL SERVICES (9000) TRESPASS Kinds of Trespass § 9239.0-8 Measure of damage... other trespass in accordance with the decision of the Supreme Court of the United States in the case of... by the laws of the State in which the trespass is committed, unless by Federal law a different rule...

  12. 43 CFR 9239.0-8 - Measure of damage.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ..., DEPARTMENT OF THE INTERIOR TECHNICAL SERVICES (9000) TRESPASS Kinds of Trespass § 9239.0-8 Measure of damage... other trespass in accordance with the decision of the Supreme Court of the United States in the case of... by the laws of the State in which the trespass is committed, unless by Federal law a different rule...

  13. 43 CFR 9239.0-8 - Measure of damage.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ..., DEPARTMENT OF THE INTERIOR TECHNICAL SERVICES (9000) TRESPASS Kinds of Trespass § 9239.0-8 Measure of damage... other trespass in accordance with the decision of the Supreme Court of the United States in the case of... by the laws of the State in which the trespass is committed, unless by Federal law a different rule...

  14. 43 CFR 9239.0-8 - Measure of damage.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ..., DEPARTMENT OF THE INTERIOR TECHNICAL SERVICES (9000) TRESPASS Kinds of Trespass § 9239.0-8 Measure of damage... other trespass in accordance with the decision of the Supreme Court of the United States in the case of... by the laws of the State in which the trespass is committed, unless by Federal law a different rule...

  15. Separate and Unequal: America's Children, Race, and Poverty

    ERIC Educational Resources Information Center

    Edelman, Marian Wright; Jones, James M.

    2004-01-01

    Fifty years ago, the Supreme Court ruled in "Brown v. Board of Education" that: "Segregation of white and Negro children in the public schools of a State solely on the basis of race, pursuant to state laws permitting or requiring such segregation, denies to Negro children the equal protection of the laws guaranteed by the Fourteenth…

  16. Update rules and interevent time distributions: slow ordering versus no ordering in the voter model.

    PubMed

    Fernández-Gracia, J; Eguíluz, V M; San Miguel, M

    2011-07-01

    We introduce a general methodology of update rules accounting for arbitrary interevent time (IET) distributions in simulations of interacting agents. We consider in particular update rules that depend on the state of the agent, so that the update becomes part of the dynamical model. As an illustration we consider the voter model in fully connected, random, and scale-free networks with an activation probability inversely proportional to the time since the last action, where an action can be an update attempt (an exogenous update) or a change of state (an endogenous update). We find that in the thermodynamic limit, at variance with standard updates and the exogenous update, the system orders slowly for the endogenous update. The approach to the absorbing state is characterized by a power-law decay of the density of interfaces, observing that the mean time to reach the absorbing state might be not well defined. The IET distributions resulting from both update schemes show power-law tails.

  17. 28 CFR 68.1 - Scope of rules.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Judges of the Executive Office for Immigration Review, United States Department of Justice, with regard... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF...

  18. Alternative Fuels Data Center: About the Laws and Incentives Data

    Science.gov Websites

    ... Search Federal State Local Examples Summary Tables About the Laws and Incentives Data Download Data You final rules. Existing information is reviewed at the same time new information is added to ensure it is

  19. 20 CFR 655.845 - What rules apply to appeal of the decision of the administrative law judge?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... ADMINISTRATION, DEPARTMENT OF LABOR TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of H... appeal of the decision of the administrative law judge? (a) The Administrator or any interested party...

  20. 49 CFR 222.25 - How does this rule affect private highway-rail grade crossings?

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 4 2013-10-01 2013-10-01 false How does this rule affect private highway-rail... HIGHWAY-RAIL GRADE CROSSINGS Use of Locomotive Horns § 222.25 How does this rule affect private highway... highway-rail grade crossings. However, where State law requires the sounding of a locomotive horn at...

  1. 49 CFR 222.25 - How does this rule affect private highway-rail grade crossings?

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false How does this rule affect private highway-rail... HIGHWAY-RAIL GRADE CROSSINGS Use of Locomotive Horns § 222.25 How does this rule affect private highway... highway-rail grade crossings. However, where State law requires the sounding of a locomotive horn at...

  2. 49 CFR 222.25 - How does this rule affect private highway-rail grade crossings?

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 49 Transportation 4 2012-10-01 2012-10-01 false How does this rule affect private highway-rail... HIGHWAY-RAIL GRADE CROSSINGS Use of Locomotive Horns § 222.25 How does this rule affect private highway... highway-rail grade crossings. However, where State law requires the sounding of a locomotive horn at...

  3. 49 CFR 222.25 - How does this rule affect private highway-rail grade crossings?

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 49 Transportation 4 2014-10-01 2014-10-01 false How does this rule affect private highway-rail... HIGHWAY-RAIL GRADE CROSSINGS Use of Locomotive Horns § 222.25 How does this rule affect private highway... highway-rail grade crossings. However, where State law requires the sounding of a locomotive horn at...

  4. 49 CFR 222.25 - How does this rule affect private highway-rail grade crossings?

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 49 Transportation 4 2011-10-01 2011-10-01 false How does this rule affect private highway-rail... HIGHWAY-RAIL GRADE CROSSINGS Use of Locomotive Horns § 222.25 How does this rule affect private highway... highway-rail grade crossings. However, where State law requires the sounding of a locomotive horn at...

  5. 12 CFR 230.1 - Authority, purpose, coverage, and effect on state laws.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Authority, purpose, coverage, and effect on..., and effect on state laws. (a) Authority. This part, known as Regulation DD, is issued by the Board of... advertising rules in § 230.8 of this part apply to any person who advertises an account offered by a...

  6. Higher Education Called to Account: Colleges and the Law after Virginia Tech

    ERIC Educational Resources Information Center

    Lake, Peter F.

    2007-01-01

    As a professor of law and higher education, Lake compares the April 2007 shootings to those at Kent State nearly 40 years earlier. The mishandling of the Kent State crisis brought heavy criticism of higher education, and a culture of rules, procedures, and policies arose to replace old patterns of using force and violence to manage conflicts. …

  7. An Update of Judicial Rulings Specific to FBAs or BIPs under the IDEA and Corollary State Laws

    ERIC Educational Resources Information Center

    Zirkel, Perry A.

    2017-01-01

    Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring…

  8. Law on the Forests of the DPRK [11 December 1992].

    PubMed

    1992-12-16

    This 1992 law implements the state policy of the Democratic People's Republic of Korea on forests by establishing rules for the creation, management, and protection of all classes of forests and forest resources. The Law includes provisions on plans for the planting of trees, forest-fire prevention, soil erosion control, and proper management of commercial logging.

  9. [New italian law about end of life: self-determination and shared care pathway.

    PubMed

    Ciliberti, Rosagemma; Gulino, Matteo; Gorini, Ilaria

    2018-05-01

    The Italian Parliament has recently approved the Law n. 219/2017 concerning "Rules on informed consent and advance directives". The manuscript points out the main key points of the new law, in order to clarify the role of the advance directives and to provide clear operational guidelines for healthcare personnel. Taking into consideration the Italian deontological and juridical context, along with the main jurisprudential judgements, the law has been analysed. The Authors discussed the new rules and the bioethical issues also in relation to the provisions stated by the Convention on Human Rights and Biomedicine (Convention of Oviedo). The new law deals with relevant issues that were confined to jurisprudential rulings so far, such as the informed consent, the withdrawal/withholding of medical treatment (including artificial nutrition and hydration), the content of medical information, including the modalities, the medical responsibility and, finally, the value of advance directives. In the Authors' opinion this law provides essential rules to expressly strengthen the patients' autonomy, eliminating the juridical uncertainty on many central issues (such us, for example, the refusal of life-sustainment treatments) that have been the subject of contradictory judgments ruled by the Italian Courts. Nevertheless, advance directives should be regarded as a dynamic tools of relationship between physicians and assisted person and, thus, as an essential integrant part of the advance care planning. The education of health professionals and citizens about end of life issues is the basis for the successful implementation of this legislation.

  10. School Law.

    ERIC Educational Resources Information Center

    Splitt, David A.

    1986-01-01

    Reviews four recent court decisions affecting school law. A Circuit Court of Appeals ruling upheld Norfolk Schools' decision to abolish busing and reinstate neighborhood schools. The United States Supreme Court dismissed appeals to lower court decisions involving a minimum grade prerequisite, a teacher's privacy rights, and an "adult"…

  11. 76 FR 53903 - Delegation of Authorities

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-08-30

    ... [42 U.S.C. 18023], as amended, pertaining to State opt-out of abortion coverage, special rules relating to coverage of abortion services, applying State and Federal laws regarding abortion, and applying...

  12. Law of Conservation of Muons

    DOE R&D Accomplishments Database

    Feinberg, G.; Weinberg, S.

    1961-02-01

    A multiplicative selection rule for mu meson-electron transitions is proposed. A "muon parity" = -1 is considered for the muon and its neutrino, while the "muon parity" for all other particles is +1. The selection rule then states that (-1) exp(no. of initial (-1) parity particles) = (-1) exp(no. of final (-1) parity particles). Several reactions that are forbidden by an additive law but allowed by the multiplicative law are suggested; these reactions include mu{sup +} .> e{sup +} + nu{sub mu} + {ovr nu}{sub e}, e{sup -} + e{sup -} .> mu{sup -} + mu{sup -}, and muonium .> antimuonium (mu{sup +} + e{sup -} .> mu{sup -} + e{sup +}). An intermediate-boson hypothesis is suggested. (T.F.H.)

  13. 14 CFR 93.71 - General operating procedures.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ...) AIR TRAFFIC AND GENERAL OPERATING RULES SPECIAL AIR TRAFFIC RULES Flight Restrictions in the Vicinity... International Control Dam) to the United States/Canadian Border and thence along the border to the point of... to approval of Transport Canada, aircraft carrying law enforcement officials, or aircraft carrying...

  14. 7 CFR 3560.157 - Occupancy rules.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ..., the occupancy rules must address: (1) The tenant's rights and responsibilities under the lease or... be consistent with Federal, state, and local law. (e) Pets/Assistance Animals. All housing projects... by a household member who requires a service or assistance animal. In elderly housing, borrowers must...

  15. 7 CFR 3560.157 - Occupancy rules.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ..., the occupancy rules must address: (1) The tenant's rights and responsibilities under the lease or... be consistent with Federal, state, and local law. (e) Pets/Assistance Animals. All housing projects... by a household member who requires a service or assistance animal. In elderly housing, borrowers must...

  16. 7 CFR 3560.157 - Occupancy rules.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ..., the occupancy rules must address: (1) The tenant's rights and responsibilities under the lease or... be consistent with Federal, state, and local law. (e) Pets/Assistance Animals. All housing projects... by a household member who requires a service or assistance animal. In elderly housing, borrowers must...

  17. 7 CFR 3560.157 - Occupancy rules.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ..., the occupancy rules must address: (1) The tenant's rights and responsibilities under the lease or... be consistent with Federal, state, and local law. (e) Pets/Assistance Animals. All housing projects... by a household member who requires a service or assistance animal. In elderly housing, borrowers must...

  18. 7 CFR 3560.157 - Occupancy rules.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ..., the occupancy rules must address: (1) The tenant's rights and responsibilities under the lease or... be consistent with Federal, state, and local law. (e) Pets/Assistance Animals. All housing projects... by a household member who requires a service or assistance animal. In elderly housing, borrowers must...

  19. Supreme Court Upholds Cal. Law Requiring Maternity Leaves.

    ERIC Educational Resources Information Center

    Fields, Cheryl M.

    1987-01-01

    A recent United State Supreme Court ruling upheld a California law requiring employers to grant female employees up to four months of unpaid maternity leave and make reasonable efforts to reinstate them when they return to work. The decision and its implications are discussed. (MSE)

  20. Bicycle laws : a survey and comparison of regulations in Virginia and the nation.

    DOT National Transportation Integrated Search

    1998-01-01

    Legal rules are designed to influence behavior and balance competing needs. This report focuses on an area of state regulation that has received minimal recent attention: the laws that govern the operation of bicycles on public streets and their inte...

  1. Medicine Handbook.

    ERIC Educational Resources Information Center

    New York State Education Dept., Albany. Office of the Professions.

    A reference guide to laws, rules, and regulations that govern medical practice in New York State is presented. After an overview of professional regulation in the state, licensing requirements/procedures for medicine are described including education and postgraduate training requirements, state licensing examinations, and application…

  2. 77 FR 6760 - Rules of Practice in Air Safety Proceedings; Rules Implementing the Equal Access to Justice Act...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-02-09

    ... Withdrawal of Pleadings) As discussed above, the NTSB received several comments in response to the ANPRM... Board stated it would not adopt a bright-line rule to determine when such a withdrawal should result in... its law judges to assess the facts of each case and determine whether the withdrawal was with or...

  3. SUMMARY OF RULES, REGULATIONS AND LAWS THAT AFFECT SEASONAL FARM AND FOOD PROCESSING WORKERS AND THEIR EMPLOYERS IN NEW YORK STATE.

    ERIC Educational Resources Information Center

    New York State Interdepartmental Committee on Farm and Food Processing Labor, Albany.

    NUMEROUS PROVISIONS HAVE BEEN MADE BY NEW YORK STATE TO ASSIST AND TO PROTECT FARMERS, THEIR WORKERS, AND THE PUBLIC. SPECIAL SERVICES AND LAWS SHOW THE NATURE OF THIS ASSISTANCE WITH REGARD TO THE ADMINISTRATION AND SUPERVISION OF MIGRANT CHILD CARE PROGRAMS, EDUCATION OF MIGRANT CHILDREN, SANITARY REGULATIONS FOR FARM LABOR CAMPS, FARM LABOR…

  4. 12 CFR 313.40 - Scope.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE PROCEDURES FOR CORPORATE DEBT... arising under the Internal Revenue Code, the tariff laws of the United States or to any case where... any way questioning the amount or validity of a debt, in the manner specified by law or these agency...

  5. 12 CFR 509.3 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... subpart, unless explicitly stated to the contrary: (a) Administrative law judge means one who presides at... means a proceeding conducted pursuant to these rules and leading to the formulation of a final order other than a regulation. (c) Decisional employee means any member of the Office's or administrative law...

  6. 76 FR 4633 - North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-01-26

    ... (NAFTA), Article 1904 Binational Panel Reviews AGENCY: NAFTA Secretariat, United States Section... duty law of the country that made the determination. Under Article 1904 of the Agreement, which came... Government of Mexico established Rules of Procedure for Article 1904 Binational Panel Reviews (``Rules...

  7. 76 FR 56404 - North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-09-13

    ... (NAFTA), Article 1904 Binational Panel Reviews AGENCY: NAFTA Secretariat, United States Section... law of the country that made the determination. Under Article 1904 of the Agreement, which came into... Government of Mexico established Rules of Procedure for Article 1904 Binational Panel Reviews (``Rules...

  8. 77 FR 74174 - North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-13

    ... (NAFTA), Article 1904 Binational Panel Reviews AGENCY: NAFTA Secretariat, United States Section... duty law of the country that made the determination. Under Article 1904 of the Agreement, which came... Government of Mexico established Rules of Procedure for Article 1904 Binational Panel Reviews (``Rules...

  9. 14 CFR 13.226 - Public disclosure of evidence.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... PROCEDURAL RULES INVESTIGATIVE AND ENFORCEMENT PROCEDURES Rules of Practice in FAA Civil Penalty Actions § 13... information in the record by filing a written motion to withhold specific information with the administrative law judge and serving a copy of the motion on each party. The party shall state the specific grounds...

  10. 14 CFR 13.226 - Public disclosure of evidence.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... PROCEDURAL RULES INVESTIGATIVE AND ENFORCEMENT PROCEDURES Rules of Practice in FAA Civil Penalty Actions § 13... information in the record by filing a written motion to withhold specific information with the administrative law judge and serving a copy of the motion on each party. The party shall state the specific grounds...

  11. Space Commercialization and the Development of Space Law

    NASA Astrophysics Data System (ADS)

    Yun, Zhao

    2017-05-01

    Shortly after the launch of the first manmade satellite in 1957, the United Nations (UN) took the lead in formulating international rules governing space activities. The five international conventions (i.e., the 1967 Outer Space Treaty, the 1968 Rescue Agreement, the 1972 Liability Convention, the 1975 Registration Convention, and the 1979 Moon Agreement) within the UN framework constitute the nucleus of space law; laying a solid legal foundation for securing the smooth development of space activities over the next few decades. Outer space was soon found to be a place with abundant opportunities for commercialization: with telecommunications services the first and most successful commercial application followed by remote sensing and global navigation services. In the last decade, the rapid development of space technologies brought space tourism and space mining to the forefront as well. With more and more commercial activities taking place on a daily basis from the 1980s on, existing space law faces severe challenges. The five conventions, which were enacted at a time when space was monopolized by two superpowers—the United States and the former Soviet Union—also failed to take into account the commercial aspect of space activities. Although there are urgent needs for new rules to deal with the ongoing trend of space commercialization, the international society faces difficulties in adopting new rules due to diversified national interests. As a result, it adjusts legislative strategies by enacting soft laws. In view of the difficulty in adopting binding rules at the international level, states are encouraged to enact their own national space legislation providing sufficient guidance for their domestic space commercial activities. It is expected that the development of soft laws and national space legislation will be the mainstream regulatory activities in the space field for the foreseeable future.

  12. In the Weeds: Idaho’s Invasive Species Laws and Biofuel Research and Development

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Pope, April Lea

    Federal laws, policies, and programs that incentivize and mandate the development of biofuels have local effects on both Idaho’s environment and on research supporting biofuels. The passage of a new energy crop rule in Idaho, effective as of March 20, 2014, follows an increased interest in growing, possessing, and transporting energy crops comprised of invasive plant species that are regulated under Idaho’s Invasive Species Act. Idaho’s new energy crop rule is an example of how a state can take measures to protect against unintended consequences of federal laws, policies, and programs while also taking advantage of the benefits of suchmore » policies and programs.« less

  13. In the Weeds: Idaho’s Invasive Species Laws and Biofuel Research and Development

    DOE PAGES

    Pope, April Lea

    2015-05-01

    Federal laws, policies, and programs that incentivize and mandate the development of biofuels have local effects on both Idaho’s environment and on research supporting biofuels. The passage of a new energy crop rule in Idaho, effective as of March 20, 2014, follows an increased interest in growing, possessing, and transporting energy crops comprised of invasive plant species that are regulated under Idaho’s Invasive Species Act. Idaho’s new energy crop rule is an example of how a state can take measures to protect against unintended consequences of federal laws, policies, and programs while also taking advantage of the benefits of suchmore » policies and programs.« less

  14. 76 FR 45741 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Diesel-Powered Motor...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-08-01

    ...EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania for the purpose of incorporating the Commonwealth's Diesel-Powered Motor Vehicle Idling Act (Act 124 of 2008, or simply Act 124) into the Pennsylvania SIP. Act 124, passed by the Pennsylvania General Assembly and signed into state law by Governor Rendell in October 2008 (and effective at the state level in February 2009), reduces the allowable time that heavy-duty, commercial highway diesel vehicles of over 10,000 pounds gross vehicle weight can idle their main propulsion engines. The law restricts idling of these commercial diesel vehicles (mostly heavy trucks and buses) to a period of 5 minutes per continuous 60 minute period (with certain allowable exemptions and exclusions). Act 124 applies statewide in the Commonwealth, and is estimated by Pennsylvania to significantly reduce emissions of nitrogen oxides (NOX), volatile organic compounds (VOCs), and fine particulate matter (PM). While idle time emissions limits are not mandatory under the Clean Air Act (CAA), incorporation of Act 124 into the SIP does strengthen the SIP, makes the state law federally enforceable by EPA, and allows the Commonwealth to take credit for emissions benefits from the rule as part of future Pennsylvania SIP revisions to demonstrate compliance with CAA National Ambient Air Quality Standards (NAAQS). This action is being taken under the CAA. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because EPA views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

  15. Standing in line. Hospitals and doctors say rules could put stimulus money out of reach.

    PubMed

    Evans, Melanie

    2010-02-22

    One year after the stimulus law was signed, hospitals and doctors have yet to see much of the health IT cash it holds for them. Now they're worried the rules attached to the funds will keep the money out of reach. And states are prepaling to adapt without the Medicaid boost the law gave them. "It's drastic times", says Craig Becker, left, of the Tennessee Hospital Association, who is lobbying for a hospital revenue tax to help fill the gap.

  16. Mitochondrial replacement techniques and Mexico's rule of law: on the legality of the first maternal spindle transfer case

    PubMed Central

    Medina-Arellano, María de Jesús

    2017-01-01

    Abstract News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this paper, we explore Mexico's rule of law in relation to mitochondrial replacement techniques and show that, in fact, certain instances of MRTs are prohibited at the federal level and others are prohibited at the state level. According to our interpretation of the law, the scientists behind this first successful MRT procedure broke federal regulations regarding assisted fertilization research. PMID:28852557

  17. The Ute Campaign of 1879: A Study in the Use of the Military Instrument

    DTIC Science & Technology

    1993-06-04

    it?4 20 The second outcome of the initial government Indian separation policy was the result of a Supreme Court decision in favor of the Cherokee...nation. In 1831, Chief Justice John Marshall and the court ruled in favor of the Cherokees, while deciding the case of Cherokee v. the State of Georgia...This decision stated the Indians were not subject to state law, but also ruled that they were not an independent nation. The Court defined the Indian

  18. Health plan liability and ERISA: the expanding scope of state legislation.

    PubMed

    Hellinger, Fred J; Young, Gary J

    2005-02-01

    The federal Employee Retirement Income Security Act of 1974 (ERISA) supersedes state laws as they relate to employer-based health care plans. Thus, cases brought under ERISA are heard in federal courts. We examined the intent, scope, and impact of recent laws passed in 10 states attempting to expand the legal rights of health plan enrollees to sue their plans. In June 2004, the US Supreme Court ruled that state-law causes of action brought under the Texas Health Care Liability Act involving coverage decisions by Aetna Health Inc and CIGNA Health Care of Texas were preempted by ERISA. The full implications of this decision are not evident at present.

  19. Health Plan Liability and ERISA: The Expanding Scope of State Legislation

    PubMed Central

    Hellinger, Fred J.; Young, Gary J.

    2005-01-01

    The federal Employee Retirement Income Security Act of 1974 (ERISA) supersedes state laws as they relate to employer-based health care plans. Thus, cases brought under ERISA are heard in federal courts. We examined the intent, scope, and impact of recent laws passed in 10 states attempting to expand the legal rights of health plan enrollees to sue their plans. In June 2004, the US Supreme Court ruled that state-law causes of action brought under the Texas Health Care Liability Act involving coverage decisions by Aetna Health Inc and CIGNA Health Care of Texas were preempted by ERISA. The full implications of this decision are not evident at present. PMID:15671453

  20. Superfund awakes in state supreme courts

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Sutherland, D.

    1998-01-01

    Superfund, often referred to as a sleeping giant, is waking up in state courts with rulings the insurance industry is on the hook for a large share of the nation`s environmental cleanup. While Congress has been quagmired in legislative reauthorization attempts, 40% of the state supreme courts (20 states) have passed laws favoring policyholders of comprehensive general liability insurance (CGL) to be compensated for their cleanup and litigation costs. These rulings vary in terms from state to state, but their collective action is giving the insurance industry grave concerns because of the increase in settlements with CGL policyholders.

  1. State Teacher Policy Yearbook, 2009. National Summary

    ERIC Educational Resources Information Center

    National Council on Teacher Quality, 2009

    2009-01-01

    The 2009 edition of the "State Teacher Policy Yearbook" is the National Council on Teacher Quality's (NCTQ's) third annual review of state laws, rules and regulations that govern the teaching profession. This year's report is a comprehensive analysis of the full range of each state's teacher policies, measured against a realistic…

  2. Evaluation of enhanced sanctions for higher BACs : summary of states' laws

    DOT National Transportation Integrated Search

    2001-03-01

    Twenty-nine states have a stature, regulation, or rule that provides for additional or more severe sanctions for driving under the influence (DUI) offenders with a "high" BAC. States vary in terms of the high-BAC threshold, which ranges from .15 to ....

  3. A Brief Report on the Ethical and Legal Guides For Technology Use in Marriage and Family Therapy.

    PubMed

    Pennington, Michael; Patton, Rikki; Ray, Amber; Katafiasz, Heather

    2017-10-01

    Marriage and family therapists (MFTs) use ethical codes and state licensure laws/rules as guidelines for best clinical practice. It is important that professional codes reflect the potential exponential use of technology in therapy. However, current standards regarding technology use lack clarity. To explore this gap, a summative content analysis was conducted on state licensure laws/rules and professional ethical codes to find themes and subthemes among the many aspects of therapy in which technology can be utilized. Findings from the content analysis indicated that while there have been efforts by both state and professional organizations to incorporate guidance for technology use in therapy, a clear and comprehensive "roadmap" is still missing. Future scholarship is needed that develops clearer guidelines for therapists. © 2017 American Association for Marriage and Family Therapy.

  4. 24 CFR 1720.236 - Notice of proceedings to withdraw a State's certification pursuant to § 1710.505 of this chapter.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... LAND SALES REGISTRATION PROGRAM) FORMAL PROCEDURES AND RULES OF PRACTICE Adjudicatory Proceedings... State's laws, regulations and the administration thereof, taken as a whole, no longer meet the...

  5. Private tollways : how states can leverage federal highway funds

    DOT National Transportation Integrated Search

    1992-02-01

    Congress has dramatically changed the rules on highway finance in enacting the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). Reversing 70 years of federal opposition to toll roads, the new law encourages state governments to make ...

  6. 20 CFR 30.402 - What are the special rules for the services of clinical psychologists?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... of clinical psychologists? 30.402 Section 30.402 Employees' Benefits OFFICE OF WORKERS' COMPENSATION... rules for the services of clinical psychologists? A clinical psychologist may serve as a physician within the scope of his or her practice as defined by state law. Therefore, a clinical psychologist may...

  7. 47 CFR 0.411 - General reference materials.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... they need subchapter A, containing the general rules, and one of the other volumes, depending upon their area of interest. These four volumes are revised annually to reflect changes in the rules. See... single volume, Radio Laws of the United States (1962 ed.). See §§ 0.405 and 0.414. (b) Regulatory...

  8. JPRS Report, Soviet Union, Political Affairs

    DTIC Science & Technology

    1990-07-31

    intriguers. Manipulating the USSR Basic Law under the sign of a state based on the rule of law, they have brought the Soviets to the point of their...Party constructs its attitude toward other parties, organizations, and movements depending on their contribution to this process, basing its convic...recent years. The already fragile fabric of legality is being destroyed by the creation of law enforcement entities based on national or party

  9. 30 CFR 934.30 - State-Federal Cooperative Agreement.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... seq. 4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and implementing regulations including 50... Agreement, the Federal Act, 30 CFR 745.13, or other applicable laws or rules and regulations. Orders and... responsibilities under laws other than the Federal Act. A copy of any independent correspondence with the applicant...

  10. 30 CFR 934.30 - State-Federal Cooperative Agreement.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... seq. 4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and implementing regulations including 50... Agreement, the Federal Act, 30 CFR 745.13, or other applicable laws or rules and regulations. Orders and... responsibilities under laws other than the Federal Act. A copy of any independent correspondence with the applicant...

  11. 30 CFR 934.30 - State-Federal Cooperative Agreement.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... seq. 4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and implementing regulations including 50... Agreement, the Federal Act, 30 CFR 745.13, or other applicable laws or rules and regulations. Orders and... responsibilities under laws other than the Federal Act. A copy of any independent correspondence with the applicant...

  12. 30 CFR 934.30 - State-Federal Cooperative Agreement.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... seq. 4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and implementing regulations including 50... Agreement, the Federal Act, 30 CFR 745.13, or other applicable laws or rules and regulations. Orders and... responsibilities under laws other than the Federal Act. A copy of any independent correspondence with the applicant...

  13. 30 CFR 934.30 - State-Federal Cooperative Agreement.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... seq. 4. The Endangered Species Act, 16 U.S.C. 1531 et seq., and implementing regulations including 50... Agreement, the Federal Act, 30 CFR 745.13, or other applicable laws or rules and regulations. Orders and... responsibilities under laws other than the Federal Act. A copy of any independent correspondence with the applicant...

  14. The Implications of "Good-Faith" Negotiation Provisions for "Meet and Confer" Laws.

    ERIC Educational Resources Information Center

    Baldwin, Grover H.

    A review of good faith requirements under meet and confer laws for public sector negotiations raises implications for school district management decisions regarding negotiations. First, it appears that state courts are being influenced by National Labor Relations Board and federal court rulings that pertain to the private sector, causing private…

  15. Frederick Law Olmsted and the Origins of Modern Campus Design.

    ERIC Educational Resources Information Center

    Schuyler, David

    1997-01-01

    Concurrent with the rise of the new land-grant universities at the end of the nineteenth century, Frederick Law Olmsted (1822-93) introduced ideas about campus planning and landscaping in the United States that still animate much of contemporary university planning. While he never established rules or guidelines, his various reports reflect five…

  16. 49 CFR 821.16 - Interlocutory appeals from law judges' rulings on motions.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... Appealable Orders § 821.16 Interlocutory appeals from law judges' rulings on motions. Rulings of law judges... 49 Transportation 7 2011-10-01 2011-10-01 false Interlocutory appeals from law judges' rulings on motions. 821.16 Section 821.16 Transportation Other Regulations Relating to Transportation (Continued...

  17. 49 CFR 821.16 - Interlocutory appeals from law judges' rulings on motions.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... Appealable Orders § 821.16 Interlocutory appeals from law judges' rulings on motions. Rulings of law judges... 49 Transportation 7 2012-10-01 2012-10-01 false Interlocutory appeals from law judges' rulings on motions. 821.16 Section 821.16 Transportation Other Regulations Relating to Transportation (Continued...

  18. 49 CFR 821.16 - Interlocutory appeals from law judges' rulings on motions.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Appealable Orders § 821.16 Interlocutory appeals from law judges' rulings on motions. Rulings of law judges... 49 Transportation 7 2010-10-01 2010-10-01 false Interlocutory appeals from law judges' rulings on motions. 821.16 Section 821.16 Transportation Other Regulations Relating to Transportation (Continued...

  19. 49 CFR 821.16 - Interlocutory appeals from law judges' rulings on motions.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... Appealable Orders § 821.16 Interlocutory appeals from law judges' rulings on motions. Rulings of law judges... 49 Transportation 7 2014-10-01 2014-10-01 false Interlocutory appeals from law judges' rulings on motions. 821.16 Section 821.16 Transportation Other Regulations Relating to Transportation (Continued...

  20. 49 CFR 821.16 - Interlocutory appeals from law judges' rulings on motions.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... Appealable Orders § 821.16 Interlocutory appeals from law judges' rulings on motions. Rulings of law judges... 49 Transportation 7 2013-10-01 2013-10-01 false Interlocutory appeals from law judges' rulings on motions. 821.16 Section 821.16 Transportation Other Regulations Relating to Transportation (Continued...

  1. A baseline understanding of state laws governing e-cigarettes.

    PubMed

    Gourdet, C K; Chriqui, J F; Chaloupka, F J

    2014-07-01

    Electronic cigarettes (e-cigarettes) have been available for purchase in the USA since 2007, and have grown rapidly in popularity. Currently, there are no federal restrictions on e-cigarettes; therefore, any regulations are under the purview of state and/or local governments. This study examines state laws governing e-cigarettes through youth access restrictions, smoke-free air requirements and/or excise taxation. Codified statutory and administrative laws, attorney general opinions, executive orders, and revenue notices and rulings effective as of 15 November 2013 for all 50 states and the District of Columbia, were compiled using Boolean searches in Lexis-Nexis and Westlaw. All laws were analysed by two study authors to determine the presence and components of relevant provisions. Two categories of laws were identified; (1) explicit e-cigarette laws and (2) laws focused on tobacco-derived and/or nicotine-containing products. Thirty-four states' laws address e-cigarettes either explicitly or as part of language applying to tobacco-derived or nicotine-containing products. Laws explicitly addressing e-cigarettes primarily focus on youth access (22 states) or smoke-free air (12 states); only Minnesota imposes an excise tax on e-cigarettes. Similarly, tobacco-derived or nicotine-containing products are primarily regulated through youth access restrictions (6 states), smoke-free air laws (5 states), or excise taxation (2 states). In the current absence of federal law governing e-cigarettes, more than one-half of the states have taken the initiative to regulate these products. The opportunity exists for the remaining states to incorporate e-cigarette-related restrictions into their pre-existing tobacco control laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  2. 42 CFR 405.1063 - Applicability of laws, regulations and CMS Rulings.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Applicability of laws, regulations and CMS Rulings... Medicare Coverage Policies § 405.1063 Applicability of laws, regulations and CMS Rulings. (a) All laws and... the MAC. (b) CMS Rulings are published under the authority of the Administrator, CMS. Consistent with...

  3. State of the States: Trends and Early Lessons on Teacher Evaluation and Effectiveness Policies

    ERIC Educational Resources Information Center

    National Council on Teacher Quality, 2011

    2011-01-01

    Each year, the National Council on Teacher Quality (NCTQ) publishes the "State Teacher Policy Yearbook," a comprehensive examination of the state laws, rules and regulations that govern the teaching profession, measured against a realistic set of reform goals. For five years running, the full "Yearbook" compendium…

  4. The "natural" aversion: the FDA's reluctance to define a leading food-industry marketing claim, and the pressing need for a workable rule.

    PubMed

    Farris, April L

    2010-01-01

    As of 2009, the "natural foods" industry has become a 22.3 billion dollar giant and "all-natural" is the second-leading marketing claim for all new food products. Even in such a flourishing market, the Food and Drug Administration (FDA) has never defined the term "natural" through rulemaking. FDA and the U.S. Department of Agriculture (USDA) have instead created separate, non-identical policy statements governing the use of the term "natural," and FDA has abandoned efforts to define "natural" through rulemaking in the face of more pressing priorities. In absence of any governing federal standard, consumer advocacy groups and warring food industries have attempted to define "natural" to fit their preferences through high-stakes litigation of state law claims, leaving courts free to apply diverging standards without the expertise of FDA. Recent case law from federal district courts and the Supreme Court leaves little hope that FDA's current policy statement will preempt state law causes of action. To prevent a potential patchwork of definitions varying by state, and to create a legitimate standard resting on informed scientific expertise rather than consumer whims, FDA should engage in rulemaking to define the term "natural." This paper concludes by sketching potential formulations for such a rule based on FDA's previous successful rule-making ventures and standards used by natural foods retailers.

  5. 36 CFR 254.36 - Determining public interest.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... established; (5) Scenic, wildlife, environmental, historical, archaeological, or cultural values will not be... easement, and (7) Applicable Federal, State, and local laws, rules, regulations, and zoning ordinances will...

  6. 36 CFR 254.36 - Determining public interest.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... established; (5) Scenic, wildlife, environmental, historical, archaeological, or cultural values will not be... easement, and (7) Applicable Federal, State, and local laws, rules, regulations, and zoning ordinances will...

  7. Crossing Our Red Lines About Partner Engagement in Mexico

    DTIC Science & Technology

    2013-03-01

    aware that notwithstanding any other provision of law , no person shall be subject to any penalty for failing to comply with a collection of...the United States is willing to provide the military or law enforcement forces required to adequately control the international border or the...war on drugs. Americans demand that Mexico do a better job of imposing the rule of law within its own borders. Both positions divert attention away

  8. [Core principles for the regulation of placement subject to public law in psychiatric hospitals - with explanations].

    PubMed

    2016-03-01

    While the provisions of the highest courts concerning the involuntary commitment and treatment in psychiatric hospitals of people unable to give their consent are being implemented, in many federal states corresponding adjustments to the rules governing involuntary commitment in accordance with the mental health laws and laws on involuntary commitment are still pending. In states where new regulations do exist, legal experts express doubts that they conform to the Constitution and the UN Convention on the Rights of Persons with Disabilities. The DGPPN has formulated key parameters for involuntary commitment from a clinical perspective, which should be taken into account in the new regulations of the individual federal states.

  9. Negligence 10 Years after Gertz v. Welch. Journalism Monographs Number Ninety-Three.

    ERIC Educational Resources Information Center

    Hopkins, W. Wat

    The implications and shortcomings of court rulings on negligence in libel laws are explored in this paper. The paper first discusses the particulars of the 1974 landmark "Gertz versus Robert Welch, Inc." United States Supreme Court case, in which the court ruled that private persons as well as public figures would be required to prove…

  10. A Left-Hand Rule for Faraday's Law

    ERIC Educational Resources Information Center

    Salu, Yehuda

    2014-01-01

    A left-hand rule for Faraday's law is presented here. This rule provides a simple and quick way of finding directional relationships between variables of Faraday's law without using Lenz's rule.

  11. Brazilian law for scientific use of animals.

    PubMed

    Marques, Ruy Garcia; Morales, Marcelo Marcos; Petroianu, Andy

    2009-01-01

    The Brazilian scientific community claimed for a definitive systematization and for comprehensive and realistic national rules, to provide guidance and regulation, instead of sanctions, so that the question of scientific research involving animals could be better contemplated. This is beginning to occur now with Law no. 11.794, sanctioned by the President of the Republic on November 8, 2008. To describe the evolution of Brazilian regimentation for scientific use of animals and to analyze Law no. 11.794. The legislation about the use of animals in teaching and in scientific research in Brazil and in Rio de Janeiro State was identified and discussed. Until now, there was no updated general and systematizing rule regarding animal vivisection and experimentation for didactic or scientific purposes. The only specific law dates back to 1979 and was not regimented. More recent laws equated the practice of scientific experiments to acts of abuse and mistreatment of animals, when alternative technology was available. Municipal laws that restricted the scientific practice of vivisection and experimentation with animals were created in the cities of Rio de Janeiro and Florianopolis. With the claim and collaboration of the scientific community, the sanction of Law no. 11.794 regarding the scientific use of animals represented an invaluable advance in spite of the presence of some points that eventually may require another type of treatment. The new Law states that it will be regimented within 180 (one-hundred-and-eighty) days, when some of these points could be better elucidated.

  12. Medicine Handbook.

    ERIC Educational Resources Information Center

    New York State Education Dept., Albany. Office of the Professions.

    New York State education law, rules, and regulations concerning the practice of medicine are presented, along with requirements and procedures for obtaining licensure and first registration as a physician. State statutory provisions cover: duration and registration of a license, practice and regulation of the profession, supervision by the Board…

  13. Multijurisdictional practice and the health lawyer: will your practice benefit from the new ABA model rules of professional conduct?

    PubMed

    Pomerance, Philip L

    2004-01-01

    At the end of the twentieth century, bar scholars and regulators were reexamining two traditionally improper aspects of legal practice. The first was the multidisciplinary practice of law, which would permit lawyers to offer accounting and other professional services to their clients, and allow lawyers to share fees with non-lawyers. The second was the multijurisdictional practice of law, which would permit a lawyer licensed in one jurisdiction to practice law in other jurisdiction in which he was not admitted to the bar. Enron and other corporate scandals deflated the movement towards multidisciplinary practice, but the movement to allow multijurisdictional practice bore some limited, yet important, results. This Article argues that the American Bar Association's new Model Rules 5.5 and 8.5, which broaden the ability of healthcare lawyers to practice outside of the states in which they are admitted, are a suitable accommodation to today's mode of practice, while still preserving the states' ability to regulate lawyers and protect clients.

  14. 39 CFR 963.17 - Proposed findings of fact and conclusions of law.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Proposed findings of fact and conclusions of law. 963.17 Section 963.17 Postal Service UNITED STATES POSTAL SERVICE PROCEDURES RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO VIOLATIONS OF THE PANDERING ADVERTISEMENTS STATUTE, 39 U.S.C. 3008 § 963.17 Proposed...

  15. Minor Birth Mothers and Consent to Adoption: An Anomaly in Youth Law.

    ERIC Educational Resources Information Center

    Durcan, Jennifer; Appell, Annette R.

    2001-01-01

    Explores different treatment of pregnant minors under adoption and abortion law. Asserts rules governing autonomy of minor decision-making in adoption and abortion are not predicated on any unified theory of child development, protection of pregnant teenagers, or nature and long-term effects of decisions, but rather are motivated by the state's…

  16. 77 FR 58607 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-09-21

    ... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser... UNCITRAL ODR Working Group, scheduled for November 5-9 in Vienna, and will specifically address security issues relating to the use of the ODR Rules, including measures to address the risk of fraud involving...

  17. Establishing Law and Order After Conflict

    DTIC Science & Technology

    2005-01-01

    the y-axis indicates the rule of law. This leads to four quadrants . We code the lower-left quadrant as successful, since it includes decreasing...levels of violence and an improving rule of law. The lower-right quadrant is mixed because it includes increasing levels of violence but an improving rule...of law. Cases in the upper-right quadrant are un- successful, since they have increasing levels of violence and a deterio- rating rule of law

  18. Odontology as a forensic science, the North American experience.

    PubMed

    Barsley, Robert E

    2010-09-10

    This chapter discusses the North American situation, primarily that of the United States judicial system. The United States was established as neither a monarchy nor a theocracy. An unofficial motto of the country has always been - the rule of laws, not of men (or deities). The primary source of law in the United States is the US Constitution. However, each of the 50 states has as its primary source of law a state constitution. In order to become a state, that constitution must conform to US Constitution. In the United States the US Congress, consisting of duly elected Representatives and Senators from the 50 states draft and pass Acts that establish (or direct to be established by officers of the Executive Branch following prescribed administrative procedures) federal law. Each state too, has its own legislative bodies and process for making law. Each state also has its own system of courts. In order to discuss the role of the odontologist within these systems, a primer on how these systems function and interact is crucial. This article discusses the functioning of those systems in relation to the practice of forensic odontology. Copyright 2010 Elsevier Ireland Ltd. All rights reserved.

  19. 78 FR 25638 - Amendments to the 2013 Mortgage Rules Under the Real Estate Settlement Procedure Act (Regulation...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-05-02

    ...This rule proposes amendments to some of the final mortgage rules issued by the Bureau of Consumer Financial Protection (Bureau) in January of 2013. These amendments clarify or correct provisions on the relation to State law of Regulation X's servicing provisions; the small servicer exemption from certain servicing rules; the use of government- sponsored enterprise and Federal agency purchase, guarantee or insurance eligibility for determining qualified mortgage status; and the determination of debt and income for purposes of originating qualified mortgages.

  20. Analysis of Rules for Islamic Inheritance Law in Indonesia Using Hybrid Rule Based Learning

    NASA Astrophysics Data System (ADS)

    Khosyi'ah, S.; Irfan, M.; Maylawati, D. S.; Mukhlas, O. S.

    2018-01-01

    Along with the development of human civilization in Indonesia, the changes and reform of Islamic inheritance law so as to conform to the conditions and culture cannot be denied. The distribution of inheritance in Indonesia can be done automatically by storing the rule of Islamic inheritance law in the expert system. In this study, we analyze the knowledge of experts in Islamic inheritance in Indonesia and represent it in the form of rules using rule-based Forward Chaining (FC) and Davis-Putman-Logemann-Loveland (DPLL) algorithms. By hybridizing FC and DPLL algorithms, the rules of Islamic inheritance law in Indonesia are clearly defined and measured. The rules were conceptually validated by some experts in Islamic laws and informatics. The results revealed that generally all rules were ready for use in an expert system.

  1. [Forensic psychiatry and Islamic law].

    PubMed

    Geferakos, G; Lykouras, L; Douzenis, A

    2014-01-01

    Islam is the second most popular monotheistic religion in the world. Its followers, the Muslims, are about 1.2 billion people and are the majority in 56 countries around the globe. Islam is an holistic way and model of life and its rules, according to a large proportion of Muslims, should have more power than the laws deriving from any secular authority. This means that the divine laws, as depicted from Islam's holy scripts, should be the laws of the land. In the strict Islamic states, as Saudi Arabia, the Islamic law or the Shari'ah prevails. Shari'ah means the path, the road each faithful Muslim should follow according to the rules of God. The Islamic views on mental health have some interesting characteristics: on the one hand, the moral necessity for the protection and care of the vulnerable individuals is very strong, but on the other hand superstitions and stigmatization influence the peoples' attitude against mental health patients. At the beginning of its historical course, Islamic world was a pioneer concerning mental health care. Unfortunately, as time passed by, we have observed considerable regression. In our days mental health services provided in most of the Islamic states cannot be considered adequate according to modern Western standards. The same course characterizes the Forensic Psychiatric services and the relevant legislation in the Islamic world.

  2. China Report, Political, Sociological and Military Affairs PRC State Council Bulletin, No. 20, 10 Sep 1984

    DTIC Science & Technology

    1985-03-11

    the following regulations did not exist to give tax exemptions, reductions, or reimbursments; A. " Income Tax Law for Chinese-Foreign Joint Ventures...in the PRC", Arts V and VI and "Detailed Rules for the Implementation of the Income Tax Law for Chinese-Foreign Joint Ventures in the PRC" Art III...B. Arts IV and V of the "PRC Income Tax Law for Foreign Companies": C. Any other special incentive measures adopted by the PRC in its laws after the

  3. Association of rule of law and health outcomes: an ecological study

    PubMed Central

    Pinzon-Rondon, Angela Maria; Attaran, Amir; Botero, Juan Carlos; Ruiz-Sternberg, Angela Maria

    2015-01-01

    Objectives To explore whether the rule of law is a foundational determinant of health that underlies other socioeconomic, political and cultural factors that have been associated with health outcomes. Setting Global project. Participants Data set of 96 countries, comprising 91% of the global population. Primary and secondary outcome measures The following health indicators, infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, were included to explore their association with the rule of law. We used a novel Rule of Law Index, gathered from survey sources, in a cross-sectional and ecological design. The Index is based on eight subindices: (1) Constraints on Government Powers; (2) Absence of Corruption; (3) Order and Security; (4) Fundamental Rights; (5) Open Government; (6) Regulatory Enforcement, (7) Civil Justice; and (8) Criminal Justice. Results The rule of law showed an independent association with infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, after adjusting for the countries’ level of per capita income, their expenditures in health, their level of political and civil freedom, their Gini measure of inequality and women's status (p<0.05). Rule of law remained significant in all the multivariate models, and the following adjustment for potential confounders remained robust for at least one or more of the health outcomes across all eight subindices of the rule of law. Findings show that the higher the country's level of adherence to the rule of law, the better the health of the population. Conclusions It is necessary to start considering the country's adherence to the rule of law as a foundational determinant of health. Health advocates should consider the improvement of rule of law as a tool to improve population health. Conversely, lack of progress in rule of law may constitute a structural barrier to health improvement. PMID:26515684

  4. Association of rule of law and health outcomes: an ecological study.

    PubMed

    Pinzon-Rondon, Angela Maria; Attaran, Amir; Botero, Juan Carlos; Ruiz-Sternberg, Angela Maria

    2015-10-29

    To explore whether the rule of law is a foundational determinant of health that underlies other socioeconomic, political and cultural factors that have been associated with health outcomes. Global project. Data set of 96 countries, comprising 91% of the global population. The following health indicators, infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, were included to explore their association with the rule of law. We used a novel Rule of Law Index, gathered from survey sources, in a cross-sectional and ecological design. The Index is based on eight subindices: (1) Constraints on Government Powers; (2) Absence of Corruption; (3) Order and Security; (4) Fundamental Rights; (5) Open Government; (6) Regulatory Enforcement, (7) Civil Justice; and (8) Criminal Justice. The rule of law showed an independent association with infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, after adjusting for the countries' level of per capita income, their expenditures in health, their level of political and civil freedom, their Gini measure of inequality and women's status (p<0.05). Rule of law remained significant in all the multivariate models, and the following adjustment for potential confounders remained robust for at least one or more of the health outcomes across all eight subindices of the rule of law. Findings show that the higher the country's level of adherence to the rule of law, the better the health of the population. It is necessary to start considering the country's adherence to the rule of law as a foundational determinant of health. Health advocates should consider the improvement of rule of law as a tool to improve population health. Conversely, lack of progress in rule of law may constitute a structural barrier to health improvement. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

  5. Environmental Assessment for the South Gate Improvement Project Travis Air Force Base Solano County, California

    DTIC Science & Technology

    2005-12-01

    3-11 De Minimis Levels for Exemption from General Confonnity Rule Requirements...Confonnity Rule de minimis levels. Therefore, not No significant impact. Noise -------1---=c=--onsidered a significant impact. Temporary, short...required under state law. This combined element is intended to guide long-range growth and de - velopment in an orderly manner that protects the

  6. 77 FR 24415 - Inflation Adjustment of the Aggravated Maximum Civil Monetary Penalty for a Violation of a...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-04-24

    ... to counter the effect that inflation has had on the CMPs by having the agencies charged with... under those laws. C. Federalism This final rule will not have a substantial effect on the States, on the... agency ``shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on...

  7. Political and medical views on medical marijuana and its future.

    PubMed

    Rubens, Muni

    2014-01-01

    The policies, laws, politics, public opinions, and scientific inferences of medical marijuana are rapidly changing as the debate on medical use of marijuana has always been political, rather than scientific. Federal law has barred the use of medical marijuana though 18 state governments and Washington, DC, support the medical use of marijuana. Unfortunately, not many studies exist on medical marijuana to back these laws and policies. The judiciary, on the other hand, has elicited a diverse response to medical marijuana through its rulings over several decades. Some rulings favored the federal government's opinion, and others supported the larger public view and many state governments with legalized medical marijuana. Public opinion on legalizing medical marijuana has always favored the use of medical marijuana. The movement of scientific knowledge of medical marijuana follows an erratic, discontinuous pathway. The future place of medical marijuana in U.S. society remains unknown. The three forces-scientific knowledge, social-political acceptance, and laws-play a role in the direction that medical marijuana takes in society. Overcoming political-social forces requires a concerted effort from the scientific community and political leaders. The results of scientific research must guide the decisions for laws and medical use of marijuana. This article aims to trace the political dilemma and contradictory views shared by federal and state governments and predict the future of medical marijuana by tracing the past history of medical marijuana with its bumpy pathway in the social-political arena.

  8. Chiropractic Handbook.

    ERIC Educational Resources Information Center

    New York State Education Dept., Albany. Office of the Professions.

    The laws, rules and regulations of the State Education Department governing chiropractic practice in New York State are provided in this handbook. Requirements and procedures are also highlighted, and the forms for obtaining a license and first registration as a chiropractor are provided. The booklet is divided into the following sections:…

  9. Veterinary Medicine and Animal Health Technology Handbook.

    ERIC Educational Resources Information Center

    New York State Education Dept., Albany. Office of the Professions.

    The laws, rules, and regulations of the New York State Education Department that govern professional veterinary medicine and animal health technology practice in the state are presented. Licensure requirements are described, and complete application forms and instructions for obtaining license and first registration as a licensed veterinarian and…

  10. Naming the Rape Victim.

    ERIC Educational Resources Information Center

    Clay, Nolan

    Since state laws prohibiting identification of rape victims were struck down in a 1975 United States Supreme Court ruling, the media have been reconsidering their traditional policy of preserving victims' anonymity. Explaining their decision to begin naming victims in rape trials, several newspapers cite the press's responsibility to provide the…

  11. Public Accountancy Handbook.

    ERIC Educational Resources Information Center

    New York State Education Dept., Albany. Office of the Professions.

    The laws, rules and regulations of the State Education Department governing public accountancy practice in New York State are provided in this handbook. Licensure requirements are also described, and the forms for obtaining a license and first registration as a certified public accountant are provided. The booklet is divided into the following…

  12. Dentistry and Dental Hygiene Handbook.

    ERIC Educational Resources Information Center

    New York State Education Dept., Albany. Office of the Professions.

    The handbook contains laws, rules, and regulations of the New York State Education Department that govern dentistry and dental hygiene practice in the state. It describes licensure requirements and includes complete application forms and instructions for obtaining license and first registration as a dentist and dental hygienist. Applicants are…

  13. 16 CFR 460.23 - Other laws, rules, and orders.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Other laws, rules, and orders. 460.23 Section 460.23 Commercial Practices FEDERAL TRADE COMMISSION TRADE REGULATION RULES LABELING AND ADVERTISING OF HOME INSULATION § 460.23 Other laws, rules, and orders. (a) If an outstanding FTC Cease and...

  14. 32 CFR 319.3 - Scope.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... an alien lawfully admitted for permanent residence in the United States may submit an inquiry to the... to the rules of the other Federal agency. Except for a request for a determination of the existence...

  15. 32 CFR 319.3 - Scope.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... an alien lawfully admitted for permanent residence in the United States may submit an inquiry to the... to the rules of the other Federal agency. Except for a request for a determination of the existence...

  16. 28 CFR 36.602 - General rule.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... ACCOMMODATIONS AND IN COMMERCIAL FACILITIES Certification of State Laws or Local Building Codes § 36.602 General... that a code meets or exceeds the minimum requirements of the Act for the accessibility and usability of...

  17. 28 CFR 36.602 - General rule.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... ACCOMMODATIONS AND IN COMMERCIAL FACILITIES Certification of State Laws or Local Building Codes § 36.602 General... that a code meets or exceeds the minimum requirements of the Act for the accessibility and usability of...

  18. 28 CFR 36.602 - General rule.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... ACCOMMODATIONS AND IN COMMERCIAL FACILITIES Certification of State Laws or Local Building Codes § 36.602 General... that a code meets or exceeds the minimum requirements of the Act for the accessibility and usability of...

  19. 28 CFR 36.602 - General rule.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... ACCOMMODATIONS AND IN COMMERCIAL FACILITIES Certification of State Laws or Local Building Codes § 36.602 General... that a code meets or exceeds the minimum requirements of the Act for the accessibility and usability of...

  20. 30 CFR 1229.120 - Obtaining regulatory and policy guidance.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ..., DEPARTMENT OF THE INTERIOR Natural Resources Revenue DELEGATION TO STATES Oil and Gas, Onshore Delegation... delegation must be in full accord with all Federal laws, rules and regulations, and Secretarial and agency...

  1. 28 CFR 36.602 - General rule.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... ACCOMMODATIONS AND IN COMMERCIAL FACILITIES Certification of State Laws or Local Building Codes § 36.602 General... that a code meets or exceeds the minimum requirements of the Act for the accessibility and usability of...

  2. Expressing the sense of the House of Representatives that the continued peace, prosperity, liberty, and national security of the United States and its people depend upon the rule of law and credible and effective immigration enforcement policies which both welcome lawful immigrants and non-immigrants and also prevent the unlawful entry or unlawful continuing presence of foreign persons.

    THOMAS, 111th Congress

    Rep. Chaffetz, Jason [R-UT-3

    2010-01-21

    House - 06/15/2010 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  3. The neuroeconomic path of the law.

    PubMed Central

    Hoffman, Morris B

    2004-01-01

    Advances in evolutionary biology, experimental economics and neuroscience are shedding new light on age-old questions about right and wrong, justice, freedom, the rule of law and the relationship between the individual and the state. Evidence is beginning to accumulate suggesting that humans evolved certain fundamental behavioural predispositions grounded in our intense social natures, that those predispositions are encoded in our brains as a distribution of probable behaviours, and therefore that there may be a core of universal human law. PMID:15590608

  4. Care of an undocumented immigrant

    PubMed Central

    Beresford, H. Richard

    2014-01-01

    Summary This commentary addresses the care of an undocumented immigrant with neuromyelitis optica in the context of a state law designed to deny state-funded medical services to individuals whose presence in the United States is unlawful. It considers specific circumstances in which the law would permit or require medical care for undocumented persons in state medical facilities, including a duty to “stabilize” an “emergency medical condition” and the provision of care necessary to “protect life or safety.” It also addresses dilemmas clinicians may experience when faced with an apparent tension between their professional ethical obligations and legal rules aimed at enforcing immigration policies. PMID:29443225

  5. Manual for School Administrators on Pupil Transportation.

    ERIC Educational Resources Information Center

    Tennessee State Dept. of Education, Nashville.

    Guiding principles, state laws, and state board rules and regulations are covered, providing school administrators with a ready reference in the field of pupil transportation. Divided into three sections, the manual initially covers administrative procedures including--(1) the purchase of buses, (2) bus maintenance, (3) employment of drivers, (4)…

  6. Invisible Ink in Collective Bargaining: Why Key Issues Are Not Addressed

    ERIC Educational Resources Information Center

    Cohen, Emily; Walsh, Kate; Biddle, RiShawn

    2008-01-01

    In this report, the National Council on Teacher Quality (NCTQ) takes a close look at the governance of the teaching profession and finds that state legislators and other state-level policymakers crafting state laws and regulation, not those bargaining at the local level, decide some of the most important rules governing the teaching profession.…

  7. In Search of Deregulation: Connections among Deleted Underbrush Policies, State Criminal Law, and FCC Character Qualifications for Broadcast Licensees.

    ERIC Educational Resources Information Center

    McGregor, Michael A.

    A study examined the extent to which the violation of any one of more than 20 deleted Federal Communications Commission "underbrush" rules or policies (minor rules and policy statements) might result in a threat to the violator's broadcast license. All of the deleted policies and regulations, the criminal codes of California, Florida,…

  8. Determination of Death and the Dead Donor Rule: A Survey of the Current Law on Brain Death

    PubMed Central

    Nikas, Nikolas T.; Bordlee, Dorinda C.; Moreira, Madeline

    2016-01-01

    Despite seeming uniformity in the law, end-of-life controversies have highlighted variations among state brain death laws and their interpretation by courts. This article provides a survey of the current legal landscape regarding brain death in the United States, for the purpose of assisting professionals who seek to formulate or assess proposals for changes in current law and hospital policy. As we note, the public is increasingly wary of the role of organ transplantation in determinations of death, and of the variability of brain death diagnosing criteria. We urge that any attempt to alter current state statutes or to adopt a national standard must balance the need for medical accuracy with sound ethical principles which reject the utilitarian use of human beings and are consistent with the dignity of the human person. Only in this way can public trust be rebuilt. PMID:27097648

  9. 26 CFR 1.1441-6 - Claim of reduced withholding under an income tax treaty.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... paragraph (b)(2): Example 1. (i) Facts. Entity E is a business organization formed under the laws of country... under the U.S.-Y treaty only. Example 3. (i) Facts. E is a business organization formed under the laws... connected with the conduct of a trade or business in the United States. (2) Income to which special rules...

  10. 29 CFR 452.53 - Application of qualifications for office.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... requirement. A qualification which is not part of the constitution and bylaws or other duly enacted rules of... Federal or State law. 32 Qualifications must be specific and objective. They must contain specific...

  11. 29 CFR 452.53 - Application of qualifications for office.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... requirement. A qualification which is not part of the constitution and bylaws or other duly enacted rules of... Federal or State law. 32 Qualifications must be specific and objective. They must contain specific...

  12. 26 CFR 1.457-8 - Funding rules for eligible plans.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... trust under State law. The terms of the trust must make it impossible, prior to the satisfaction of all... participants and beneficiaries. Nothing in this paragraph (b) prohibits an eligible plan from permitting...

  13. 20 CFR 655.830 - What rules apply to service of pleadings?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of H-1B Labor Condition... where service is by mail. In the interest of expeditious proceedings, the administrative law judge may...

  14. Simulating flaring events in complex active regions driven by observed magnetograms

    NASA Astrophysics Data System (ADS)

    Dimitropoulou, M.; Isliker, H.; Vlahos, L.; Georgoulis, M. K.

    2011-05-01

    Context. We interpret solar flares as events originating in active regions that have reached the self organized critical state, by using a refined cellular automaton model with initial conditions derived from observations. Aims: We investigate whether the system, with its imposed physical elements, reaches a self organized critical state and whether well-known statistical properties of flares, such as scaling laws observed in the distribution functions of characteristic parameters, are reproduced after this state has been reached. Methods: To investigate whether the distribution functions of total energy, peak energy and event duration follow the expected scaling laws, we first applied a nonlinear force-free extrapolation that reconstructs the three-dimensional magnetic fields from two-dimensional vector magnetograms. We then locate magnetic discontinuities exceeding a threshold in the Laplacian of the magnetic field. These discontinuities are relaxed in local diffusion events, implemented in the form of cellular automaton evolution rules. Subsequent loading and relaxation steps lead the system to self organized criticality, after which the statistical properties of the simulated events are examined. Physical requirements, such as the divergence-free condition for the magnetic field vector, are approximately imposed on all elements of the model. Results: Our results show that self organized criticality is indeed reached when applying specific loading and relaxation rules. Power-law indices obtained from the distribution functions of the modeled flaring events are in good agreement with observations. Single power laws (peak and total flare energy) are obtained, as are power laws with exponential cutoff and double power laws (flare duration). The results are also compared with observational X-ray data from the GOES satellite for our active-region sample. Conclusions: We conclude that well-known statistical properties of flares are reproduced after the system has reached self organized criticality. A significant enhancement of our refined cellular automaton model is that it commences the simulation from observed vector magnetograms, thus facilitating energy calculation in physical units. The model described in this study remains consistent with fundamental physical requirements, and imposes physically meaningful driving and redistribution rules.

  15. 76 FR 65061 - Manual for Courts-Martial; Proposed Evidence Amendments

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-10-19

    ... truth and securing a just determination. Rule 103. Rulings on Evidence (a) Preserving a Claim of Error... domestic law. If a domestic law is a fact that is of consequence to the determination of the action, the... with Mil. R. Evid. 104. Such a determination is a ruling on a question of law. Rule 301. Privilege...

  16. 16 CFR 460.23 - Other laws, rules, and orders.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 16 Commercial Practices 1 2012-01-01 2012-01-01 false Other laws, rules, and orders. 460.23... ADVERTISING OF HOME INSULATION § 460.23 Other laws, rules, and orders. (a) If an outstanding FTC Cease and Desist Order applies to you but differs from the rules given here, you can petition to amend to order. (b...

  17. 16 CFR 460.23 - Other laws, rules, and orders.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 16 Commercial Practices 1 2013-01-01 2013-01-01 false Other laws, rules, and orders. 460.23... ADVERTISING OF HOME INSULATION § 460.23 Other laws, rules, and orders. (a) If an outstanding FTC Cease and Desist Order applies to you but differs from the rules given here, you can petition to amend to order. (b...

  18. 16 CFR 460.23 - Other laws, rules, and orders.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 16 Commercial Practices 1 2014-01-01 2014-01-01 false Other laws, rules, and orders. 460.23... ADVERTISING OF HOME INSULATION § 460.23 Other laws, rules, and orders. (a) If an outstanding FTC Cease and Desist Order applies to you but differs from the rules given here, you can petition to amend to order. (b...

  19. 16 CFR 460.23 - Other laws, rules, and orders.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 16 Commercial Practices 1 2011-01-01 2011-01-01 false Other laws, rules, and orders. 460.23... ADVERTISING OF HOME INSULATION § 460.23 Other laws, rules, and orders. (a) If an outstanding FTC Cease and Desist Order applies to you but differs from the rules given here, you can petition to amend to order. (b...

  20. A Study of Experience Credit for Professional Engineering Licensure

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Martin, M.A.

    2003-08-11

    Oak Ridge National Laboratory performed a study of experience credit for professional engineering licensure for the Department of Energy's Industrial Assessment Center (IAC) Program. One of the study's goals was to determine how state licensure boards grant experience credit for engineering licensure, particularly in regards to IAC experience and experience prior to graduation. Another goal involved passing IAC information to state licensure boards to allow the boards to become familiar with the program and determine if they would grant credit to IAC graduates. The National Council of Examiners for Engineers and Surveyors (NCEES) has adopted a document, the ''Model Law''.more » This document empowers states to create state engineering boards and oversee engineering licensure. The board can also interpret and adopt rules and regulations. The Model Law also gives a general ''process'' for engineering licensure, the ''Model Law Engineer''. The Model Law Engineer requires that an applicant for professional licensure, or professional engineering (PE) licensure, obtain a combination of formal education and professional experience and successfully complete the fundamentals of engineering (FE) and PE exams. The Model Law states that a PE applicant must obtain four years of ''acceptable'' engineering experience after graduation to be allowed to sit for the PE exam. Although the Model Law defines ''acceptable experience,'' it is somewhat open to interpretation, and state boards decide whether applicants have accumulated the necessary amount of experience. The Model Law also allows applicants one year of credit for postgraduate degrees as well as experience credit for teaching courses in engineering. The Model Law grants states the power to adopt and amend the bylaws and rules of the Model Law licensure process. It allows state boards the freedom to modify the experience requirements for professional licensure. This power has created variety in experience requirements, and licensure requirements can differ from state to state. Before this study began, six questions were developed to help document how state boards grant experience credit. Many of the questions were formulated to determine how states deal with teaching experience, postgraduate credit, experience prior to graduation, PE and FE waivers, and the licensure process in general. Data were collected from engineering licensure boards for each of the fifty states and the District of Columbia. Telephone interviews were the primary method of data collection, while email correspondence was also used to a lesser degree. Prior to contacting each board, the researchers attempted to review each state's licensure web site. Based on the data collected, several trends and patterns were identified. For example, there is a general trend away from offering credit for experience prior to graduation. The issue becomes a problem when a PE from one state attempts to gain a license in another state by comity or endorsement. Tennessee and Kansas have recently stopped offering this credit and Mississippi cautions applicants that it could be difficult to obtain licensure in other states.« less

  1. QCD constituent counting rules for neutral vector mesons

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Brodsky, Stanley J.; Lebed, Richard F.; Lyubovitskij, Valery E.

    QCD constituent counting rules define the scaling behavior of exclusive hadronic scattering and electromagnetic scattering amplitudes at high momentum transfer in terms of the total number of fundamental constituents in the initial and final states participating in the hard subprocess. The scaling laws reflect the twist of the leading Fock state for each hadron and hence the leading operator that creates the composite state from the vacuum. Thus, the constituent counting scaling laws can be used to identify the twist of exotic hadronic candidates such as tetraquarks and pentaquarks. Effective field theories must consistently implement the scaling rules in ordermore » to be consistent with the fundamental theory. Here in this paper, we examine how one can apply constituent counting rules for the exclusive production of one or two neutral vector mesons V 0 in e + e - annihilation, processes in which the V 0 can couple via intermediate photons. In the case of a (narrow) real V 0, the photon virtuality is fixed to a precise value s 1 = m2V 0, thus treating the V 0 as a single fundamental particle. Each real V 0 thus contributes to the constituent counting rules with NV0 = 1 . In effect, the leading operator underlying the V 0 has twist 1. Thus, in the specific physical case of single or double on-shell V 0 production via intermediate photons, the predicted scaling from counting rules coincides with vector-meson dominance (VMD), an effective theory that treats V 0 as an elementary field. However, the VMD prediction fails in the general case where the V 0 is not coupled through an elementary photon field, and then the leading-twist interpolating operator has twist NV 0 = 2 . Analogous effects appear in pp scattering processes.« less

  2. QCD constituent counting rules for neutral vector mesons

    NASA Astrophysics Data System (ADS)

    Brodsky, Stanley J.; Lebed, Richard F.; Lyubovitskij, Valery E.

    2018-02-01

    QCD constituent counting rules define the scaling behavior of exclusive hadronic scattering and electromagnetic scattering amplitudes at high momentum transfer in terms of the total number of fundamental constituents in the initial and final states participating in the hard subprocess. The scaling laws reflect the twist of the leading Fock state for each hadron and hence the leading operator that creates the composite state from the vacuum. Thus, the constituent counting scaling laws can be used to identify the twist of exotic hadronic candidates such as tetraquarks and pentaquarks. Effective field theories must consistently implement the scaling rules in order to be consistent with the fundamental theory. Here, we examine how one can apply constituent counting rules for the exclusive production of one or two neutral vector mesons V0 in e+e- annihilation, processes in which the V0 can couple via intermediate photons. In the case of a (narrow) real V0, the photon virtuality is fixed to a precise value s1=mV02, thus treating the V0 as a single fundamental particle. Each real V0 thus contributes to the constituent counting rules with NV0=1. In effect, the leading operator underlying the V0 has twist 1. Thus, in the specific physical case of single or double on-shell V0 production via intermediate photons, the predicted scaling from counting rules coincides with vector-meson dominance (VMD), an effective theory that treats V0 as an elementary field. However, the VMD prediction fails in the general case where the V0 is not coupled through an elementary photon field, and then the leading-twist interpolating operator has twist NV 0=2 . Analogous effects appear in p p scattering processes.

  3. QCD constituent counting rules for neutral vector mesons

    DOE PAGES

    Brodsky, Stanley J.; Lebed, Richard F.; Lyubovitskij, Valery E.

    2018-02-08

    QCD constituent counting rules define the scaling behavior of exclusive hadronic scattering and electromagnetic scattering amplitudes at high momentum transfer in terms of the total number of fundamental constituents in the initial and final states participating in the hard subprocess. The scaling laws reflect the twist of the leading Fock state for each hadron and hence the leading operator that creates the composite state from the vacuum. Thus, the constituent counting scaling laws can be used to identify the twist of exotic hadronic candidates such as tetraquarks and pentaquarks. Effective field theories must consistently implement the scaling rules in ordermore » to be consistent with the fundamental theory. Here in this paper, we examine how one can apply constituent counting rules for the exclusive production of one or two neutral vector mesons V 0 in e + e - annihilation, processes in which the V 0 can couple via intermediate photons. In the case of a (narrow) real V 0, the photon virtuality is fixed to a precise value s 1 = m2V 0, thus treating the V 0 as a single fundamental particle. Each real V 0 thus contributes to the constituent counting rules with NV0 = 1 . In effect, the leading operator underlying the V 0 has twist 1. Thus, in the specific physical case of single or double on-shell V 0 production via intermediate photons, the predicted scaling from counting rules coincides with vector-meson dominance (VMD), an effective theory that treats V 0 as an elementary field. However, the VMD prediction fails in the general case where the V 0 is not coupled through an elementary photon field, and then the leading-twist interpolating operator has twist NV 0 = 2 . Analogous effects appear in pp scattering processes.« less

  4. Legislative responses to wrongful conviction: Do partisan principals and advocacy efforts influence state-level criminal justice policy?

    PubMed

    Kent, Stephanie L; Carmichael, Jason T

    2015-07-01

    The number of discovered wrongful criminal convictions (and resulting exonerations) has increased over the past decade. These cases erode public confidence in the criminal justice system and trust in the rule of law. Many states have adopted laws that aim to reduce system errors but no study has examined why some states appear more willing to provide due process protections against wrongful convictions than others. Findings from regression estimates suggest that states with a Republican controlled legislature or more Republican voters are less likely to pass these laws while the presence of advocacy organizations that are part of the 'innocence movement' make legislative change more likely. We thus identify important differences in the political and social context between U.S. states that influence the adoption of criminal justice policies. Copyright © 2015 Elsevier Inc. All rights reserved.

  5. 78 FR 32191 - Derivatives

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-05-29

    ...This proposed rule permits credit unions to engage in limited derivatives activities for the purpose of mitigating interest rate risk. This proposed rule applies to federal credit unions and any federally insured, state-chartered credit unions that are permitted under applicable state law to engage in derivatives transactions. It requires any credit union seeking derivatives authority to submit an application for one of two levels of authority. Level I and Level II authority differ on the permissible levels of transactions as well as the application, expertise, and systems requirements associated with operating a derivatives program.

  6. Severe neurological impairment: legal aspects of decisions to reduce care.

    PubMed

    Beresford, H R

    1984-05-01

    Decisions to reduce care for patients with severe neurological impairment may raise legal questions. The laws of most states now authorize physicians to stop care for those who have suffered irreversible cessation of all functions of the brain ("brain death"). Where state law is not explicit, it is nevertheless probably lawful to regard brain death as death for legal purposes so long as currently accepted criteria are satisfied. Several courts have ruled that it is lawful to reduce care for patients in vegetative states, but have prescribed differing standards and procedures for implementing such decisions. The issue of whether parents can authorize physicians to reduce care for neurologically impaired children is the focus of current litigation. Implicit in this litigation is the question of how severe neurological impairment must be before parents and physicians may lawfully agree to reduce care. For severely impaired but not vegetative adults, there is some legal authority to justify certain decisions to reduce care. The issue of whether withholding feeding from a severely demented patient with life-threatening medical problems constitutes criminal behavior is now being considered by a state supreme court.

  7. Moving on from bland: the evolution of the law and minimally conscious patients.

    PubMed

    Heywood, Rob

    2014-01-01

    The decision in Bland centred on the withdrawal of artificial nutrition and hydration from a patient in a persistent vegetative state (PVS). Since then, a new medical condition has emerged, known as a minimally conscious state (MCS). In W v M, the Court of Protection was asked to authorise the withdrawal of artificial nutrition and hydration from a patient in a MCS. Baker J refused to grant the declaration. More recently, however, the courts were also asked to rule on the lawfulness of withholding treatment in a similar, albeit factually different, case. In the Court of Appeal decision in Aintree University Hospitals NHS Foundation Trust v David James and Others, Sir Alan Ward, with the agreement of Arden LJ and Laws LJ, granted a declaration that it would be lawful to withhold treatment. The Supreme Court then upheld this ruling, Lady Hale stating that the Court of Appeal reached the right result but for the wrong reasons. This article seeks to critically appraise the evolution of the law in regard to withdrawing treatment from MCS patients. The piece begins by explaining the differences between the two conditions of PVS and MCS and defines the law from the starting point of Bland. From here, the discussion progresses to focus on the challenges that the law has had to face in trying to keep pace with the advancing nature of medical understanding of conditions of the brain and explains how it has responded to these. The narrative then critiques the legal mechanism of best interests as it has been employed in the case law concerning MCS patients to date by analysing the various judicial perspectives on the concept. After addressing both the narrow and wide viewpoints, a conclusion is ventured as to how the balancing of best interests should be approached in respect of future MCS cases. © The Author [2014]. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  8. 45 CFR 164.502 - Uses and disclosures of protected health information: general rules.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... or may be subjected to domestic violence, abuse, or neglect by such person; or (B) Treating such... specification: Abuse, neglect, endangerment situations. Notwithstanding a State law or any requirement of this...

  9. The spectrum of the geoid from altimeter data

    NASA Technical Reports Server (NTRS)

    Wagner, C. A.

    1977-01-01

    A variety of sources of detailed information has been analyzed to arrive at a geoid power spectrum from global altimeter data. Using the equivalent of only two revolutions of data (mostly from GEOS-3) from all the major oceans, the high frequency geoid power (rms) is estimated (most simply) to be 80.7 n to the minus 1.47th power meters, where n is in cycles/global revolutions. This law is valid for all frequencies above 19 cycles but includes sea state. The (simple) law has more power than predicted by Kaula's rule for the geopotential. However, the data shows significantly less power for frequencies below 100 cycles. A closer approximation to the altimetry accumulates 2.18m (rss) for all frequencies higher than 19 cycles/rev. (including sea state), somewhat less power than predicted by the rule. The data permits up to 1.25 (rms) non-gravitational departures from the high frequency marine geoid.

  10. The unconscious, myth, and the rule of law: Reflections on the persistence of gender inequality.

    PubMed

    Smith, J C; Weisstub, David N

    Social order, to remain stable, needs the voluntary compliance of the majority of the population. Such consent requires normative justification. The rational foundation of the rule of law and the democratic state rests on the presumption of the equality of every citizen. Male domination of females nevertheless remains universal even in the most advanced democratic nation states because it is legitimized by the shared assumption that patriarchy reflects the will of God or is dictated by nature. Freud's diagnosis of patriarchy as a collective neurosis of the group mind negates every possible normative justification that can be made for gender hierarchy. Freud made extensive references to myth in developing his analysis of the neurotic foundations of social order. An analysis of the structure of myth suggests that ideological seduction rather than God, nature or biology determines male dominance. Copyright © 2016 Elsevier Ltd. All rights reserved.

  11. Setting the time and place for a hearing before an administrative law judge. Final rules.

    PubMed

    2010-07-08

    We are amending our rules to state that our agency is responsible for setting the time and place for a hearing before an administrative law judge (ALJ). This change creates a 3-year pilot program that will allow us to test this new authority. Our use of this authority, consistent with due process rights of claimants, may provide us with greater flexibility in scheduling both in-person and video hearings, lead to improved efficiency in our hearing process, and reduce the number of pending hearing requests. This change is a part of our broader commitment to maintaining a hearing process that results in accurate, high-quality decisions for claimants.

  12. 28 CFR 68.10 - Motion to dismiss for failure to state a claim upon which relief can be granted.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Motion to dismiss for failure to state a... JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW... EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD § 68.10 Motion to dismiss for failure to state a claim upon which...

  13. 28 CFR 68.10 - Motion to dismiss for failure to state a claim upon which relief can be granted.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Motion to dismiss for failure to state a... JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW... EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD § 68.10 Motion to dismiss for failure to state a claim upon which...

  14. The Legality of School Vouchers: Round Two

    ERIC Educational Resources Information Center

    McCarthy, Martha

    2006-01-01

    In 2002 the U.S. Supreme Court ruled that state-supported vouchers, which parents can redeem in private schools, do not offend the Establishment Clause of the First Amendment. Thus, the legality of government vouchers to fund education will be determined primarily on the basis of state law. Specifically, programs are being challenged under state…

  15. Joint Force Quarterly. Issue 54, 3rd Quarter 2009

    DTIC Science & Technology

    2009-07-01

    executed, state capacity remains low, and the private sector suffers from a lack of security and weak national and provincial gover - nance. The rule of law... tourism industry reported that in 2008, 22.6 million foreign visitors, the majority from the United States, spent $13.3 billion, an increase of 3.4

  16. 78 FR 54762 - List of Fair Employment Practice Agencies

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-09-06

    ... weight to the findings of such agencies. 42 U.S.C. 2000e-5. The EEOC regulations refer to the state or... pursuant to Law 17, even though EEOC had not updated its regulation. The revision will simply provide... rule amends our regulations to include a footnote stating that the designations of Fair Employment...

  17. Perceptions Matter: Case Studies of Policing Statutory Rape

    ERIC Educational Resources Information Center

    Kandakai, Tina L.; Ding, Kele; Broomfield, Tyree S.; Iverson, Susan V.

    2013-01-01

    The legal parameters regarding adult-child sexual intimacy varies across states. In many states, rules regarding the definition of "child" and age-of-consent laws seem to perpetuate lax and ambivalent responses to adult- child sex. To explore the criminal response to adult-child sex, particularly statutory rape, seven active male and…

  18. Dentistry and Dental Hygiene Handbook. 1988 Edition.

    ERIC Educational Resources Information Center

    New York State Education Dept., Albany. Office of the Professions.

    The laws, rules and regulations of the New York State Education Department governing dentistry and dental hygiene practice in the state are presented. In addition, the requirements and procedures for obtaining licensure and first registration as a dentist and dental hygienist in New York are discussed. The following chapters are provided: (1)…

  19. When Newton's cooling law doesn't hold

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Tarnow, E.

    1994-01-01

    What is the fastest way to cool something If the object is macroscopic it is to lower the surrounding temperature as much as possible and let Newton's cooling law take effect. If we enter the microscopic world where quantum mechanics rules, this procedure may no longer be the best. This is shown in a simple example where we calculate the optimum cooling rate for an asymmetric two-state system.

  20. Model Policy on Identifying and Reporting Child Abuse and Model Policy and Rules on Procedures for Investigating Allegations of Abuse of Students by School Employees. [Revised.

    ERIC Educational Resources Information Center

    Iowa State Dept. of Education, Des Moines.

    Iowa law requires direct reporting by mandatory reporters in all schools to the Department of Human Services. State law also requires all schools to adopt a uniform procedure for investigating allegations of abuse of students by school employees. The Department of Education and the Department of Human Services have established administrative rules…

  1. Sexual and reproductive health care for adolescents: legal rights and policy challenges.

    PubMed

    English, Abigail

    2007-12-01

    Laws developed over the past half century have significantly improved adolescents' access to essential sexual and reproductive health care. These laws allow many adolescent minors to give their own consent, protect confidentiality, and provide financial support for the care. The consent requirements for adolescents to receive health care are contained primarily in state court decisions and in statutes known as "state minor consent laws," which are based on either the minor's status or the services sought. Confidentiality protections for adolescents' health information are contained in these minor consent laws, in the federal medical privacy regulations known as the "HIPAA Privacy Rule," and in state medical privacy laws. Other significant laws include statutes providing for the emancipation of minors, court decisions delineating the mature minor doctrine, regulations protecting adolescents' access to confidential family planning services in publicly funded programs, and court decisions interpreting the constitutional right of privacy. Special considerations apply to consent and confidentiality questions pertaining to family planning, contraception, and pregnancy-related care for minors. In addition to the explicit provisions of state minor consent laws, many of the most important considerations are articulated in court decisions based on the constitutional right of privacy and the confidentiality requirements that are part of the federal Title X Family Planning Program and Medicaid.

  2. Patient Mobility in Times of Austerity: A Legal and Policy Analysis of the Petru Case.

    PubMed

    Frischhut, Markus; Fahy, Nick

    2016-03-01

    The case-law of the Court of Justice (ECJ) on patient mobility was recently challenged by a ruling that a patient could go to Germany for treatment when facilities in Romanian hospitals were inadequate. Given the reported impact of austerity measures in the field of health care this raises the question; what is the impact of the ECJ's ruling on how Member States can manage expenditure and limit outflows of patients and how should such measures be legally evaluated? The objective of this article is to analyse potential impact on health systems in the context of increasing pressure on public financing for health. While the ECJ mainly referred to the requirement of treatment in due time, we also analyse possible austerity reductions of the basket of care against the background of EU law (i.e., EGJ case-law, patient mobility directive, Charter of Fundamental rights and social security regulation).

  3. 29 CFR 102.25 - Ruling on motions.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... motions. An administrative law judge designated by the chief administrative law judge, by the associate... his decision. Whenever the administrative law judge has reserved his ruling on any motion, and the... 29 Labor 2 2012-07-01 2012-07-01 false Ruling on motions. 102.25 Section 102.25 Labor Regulations...

  4. 29 CFR 102.25 - Ruling on motions.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... motions. An administrative law judge designated by the chief administrative law judge, by the associate... his decision. Whenever the administrative law judge has reserved his ruling on any motion, and the... 29 Labor 2 2014-07-01 2014-07-01 false Ruling on motions. 102.25 Section 102.25 Labor Regulations...

  5. 29 CFR 102.25 - Ruling on motions.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... motions. An administrative law judge designated by the chief administrative law judge, by the associate... his decision. Whenever the administrative law judge has reserved his ruling on any motion, and the... 29 Labor 2 2010-07-01 2010-07-01 false Ruling on motions. 102.25 Section 102.25 Labor Regulations...

  6. 29 CFR 102.25 - Ruling on motions.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... motions. An administrative law judge designated by the chief administrative law judge, by the associate... his decision. Whenever the administrative law judge has reserved his ruling on any motion, and the... 29 Labor 2 2013-07-01 2013-07-01 false Ruling on motions. 102.25 Section 102.25 Labor Regulations...

  7. Pharmacists' advancing roles in drug and disease management: a review of states' legislation.

    PubMed

    McKnight, Alicia G; Thomason, Angela R

    2009-01-01

    To determine which states in the United States have provisions in place for pharmacist participation in drug and disease management programs and/or collaborative practice agreements and to provide comparison and discussion regarding such provisions. A secondary endpoint was the requirements of certification, credentialing, and registration with the specific state's rules and regulations. Information was gathered from states' statutes, rules, and regulations. Acquisition of each state's laws was achieved through various forms of electronic media. Data were accessed from January to March 2008. 19 states (38%) had specific provisions for disease management, 33 (66%) had provisions for drug therapy management, and 37 (74%) had provisions for collaborative practice. A total of 11 states (22%) specified that pharmacists receive specialized training to participate in such endeavors. Board approval or notification for collaborative practice agreements was required in 16 states (32%). With varying degrees of autonomy and restriction, pharmacists in certain states have the ability to develop disease management and/or collaborative practice programs. For pharmacists to take advantage of these new direct patient care opportunities, knowing the rules and requirements of their state's legislation is essential.

  8. Forty-Year Anniversary of Louisiana's Medical Malpractice Act, Act 817 of 1975.

    PubMed

    Palmisano, Donald J

    2015-01-01

    Here we are at the 40th anniversary of the passage of the 1975 Medical Malpractice Act, Act 817.2 How time flies! Act 817 of 1975 lives and the Louisiana State Supreme Court has ruled the current law, a total cap on all damages with its 1984 amendment for unlimited future medical payments as incurred (La. Act 435 of 19843), constitutional in the Butler case previously cited in the 20-year anniversary article (reprinted in this issue of the Journal). Louisiana's law was voted into law prior to California's famous medical liability law.4 For another great triumph, see Texas and its success in 2003.5 Three different laws; three proven long-term successes.

  9. 12 CFR 1070.48 - Privileges not affected by disclosure to the CFPB.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ..., destroying, or otherwise affecting any privilege such person may claim with respect to such information under Federal or State law as to any person or entity other than the CFPB. (b) Rule of construction. Paragraph...

  10. 75 FR 26879 - Temporary Organization To Facilitate a Strategic Partnership With the Republic of Iraq

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-05-12

    ... Teams; (c) support and create a sustainable Rule of Law mission in Iraq, including the Police... States Code, unless sooner terminated by the Secretary. (Presidential Sig.) THE WHITE HOUSE, May 7, 2010...

  11. Washington State recreational marijuana legalization: parent and adolescent perceptions, knowledge, and discussions in a sample of low-income families.

    PubMed

    Mason, W A; Hanson, Koren; Fleming, Charles B; Ringle, Jay L; Haggerty, Kevin P

    2015-04-01

    In November 2012, Washington State and Colorado became the first states in the United States to legalize recreational marijuana use for adults, and Uruguay became the first country to allow the cultivation, distribution, possession, and use of marijuana. One possible consequence of these changes is increased adolescent marijuana use. Parents may mitigate this adverse consequence; however, whether parents and adolescents have accurate knowledge about the laws and are discussing marijuana use in light of the law changes is unknown. We examine perceptions, knowledge, and parent-child discussions about Washington State's recreational marijuana law in a sample of low-income families. Participants were a subset of families (n = 115) in an ongoing study that originally recruited parents and adolescents from middle schools in Tacoma, Washington. In summer 2013, when students were entering the 11(th) grade, students and their parents were asked questions about the recreational marijuana law. Participants perceived that their marijuana-related attitudes and behaviors changed little as a result of the law, and displayed uncertainty about what is legal and illegal. Most parents reported discussing the new law with their children but only occasionally, and conversations emphasized household rules, particularly among parent lifetime marijuana users compared to non-users. Conclusions/Importance: Results suggest that there should be a public health campaign focused on families that provides clear information about the recreational marijuana laws.

  12. 49 CFR 386.54 - Administrative Law Judge.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 49 Transportation 5 2011-10-01 2011-10-01 false Administrative Law Judge. 386.54 Section 386.54... General Rules and Hearings § 386.54 Administrative Law Judge. (a) Powers of an Administrative Law Judge. The Administrative Law Judge may take any action and may prescribe all necessary rules and regulations...

  13. 49 CFR 386.54 - Administrative Law Judge.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 5 2013-10-01 2013-10-01 false Administrative Law Judge. 386.54 Section 386.54... General Rules and Hearings § 386.54 Administrative Law Judge. (a) Powers of an Administrative Law Judge. The Administrative Law Judge may take any action and may prescribe all necessary rules and regulations...

  14. 49 CFR 386.54 - Administrative Law Judge.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Administrative Law Judge. 386.54 Section 386.54... General Rules and Hearings § 386.54 Administrative Law Judge. (a) Powers of an Administrative Law Judge. The Administrative Law Judge may take any action and may prescribe all necessary rules and regulations...

  15. Italian law on medically assisted reproduction: do women's autonomy and health matter?

    PubMed

    Riezzo, Irene; Neri, Margherita; Bello, Stefania; Pomara, Cristoforo; Turillazzi, Emanuela

    2016-07-23

    In Italy in 2004, a very restrictive law was passed on medically assisted reproduction (MAR) (Law 40/2004) that placed Italy at the most conservative end of the European spectrum. The law was widely criticized and many couples seeking MAR brought their cases before the Italian Civil Courts with regard to pre-implantation genetic diagnosis (PGD), donor insemination and the issue of consent. Ten years on, having suffered the blows of the Italian Constitutional Court, little remains of law 40/2004. In 2009, the Constitutional Court declared the maximum limit of the number of embryos to be produced and transferred for each cycle (i.e. three), as stated in the original version of the law, to be constitutionally illegitimate. In 2014, the same Court declared as unconstitutional the ban on donor insemination, thus opening the way to heterologous assisted reproduction. Heterologous MAR is therefore perfectly legitimate in Italy. Finally, in 2015 a further ruling by the Constitutional Court granted the right to access MAR to couples who are fertile but carriers of genetic diseases. However, there is still much room for criticism. Many couples and groups are still, in fact, excluded from MAR. Same-sex couples, single women and those of advanced reproductive age are, at the present time, discriminated against in that Italian law denies these subjects access to MAR. The history of Law 40/2004 has been a particularly troubled one. Numerous rulings have, over the years, dismantled much of a law constructed in violation of the rights and autonomy of women and couples. However, a number of troubling issues still exist from what is left of the law and the debate is still open at national and transnational level regarding some of the contradictions and gaps in the law highlighted in this article. Only by abolishing the final prohibitions and adopting more liberal views on these controversial yet crucial issues will Law 40/2004 become what it should have been from the start, i.e. a law which outlines the 'rules of use' of MAR and not, as it has been until now, a law of bans which sets limits to the freedom to reproduce.

  16. 77 FR 55887 - Self-Regulatory Organizations; the Options Clearing Corporation; Order Approving Proposed Rule...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-09-11

    ... Organizations; the Options Clearing Corporation; Order Approving Proposed Rule Change To Amend OCC's By-Laws To... would amend OCC's By-Laws to allow the Corporation to approve OCC's form of clearing member application.... OCC's By- Laws and Rules set forth the qualifications and requirements for clearing membership at OCC...

  17. 38 CFR Appendix A to Part 20 - Cross-References

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ..., and mailing address of the Board. 38 CFR 20.606 Rule 606. Legal interns, law students and paralegals... Rule 604. Representation by agents. 38 CFR 20.606 Rule 606. Legal interns, law students and paralegals... Section. 20.708 38 CFR 20.606(d) See re the prehearing conference required when a legal intern, law...

  18. 38 CFR Appendix A to Part 20 - Cross-References

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ..., and mailing address of the Board. 38 CFR 20.606 Rule 606. Legal interns, law students and paralegals... Rule 604. Representation by agents. 38 CFR 20.606 Rule 606. Legal interns, law students and paralegals... Section. 20.708 38 CFR 20.606(d) See re the prehearing conference required when a legal intern, law...

  19. 38 CFR Appendix A to Part 20 - Cross-References

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ..., and mailing address of the Board. 38 CFR 20.606 Rule 606. Legal interns, law students and paralegals... Rule 604. Representation by agents. 38 CFR 20.606 Rule 606. Legal interns, law students and paralegals... Section. 20.708 38 CFR 20.606(d) See re the prehearing conference required when a legal intern, law...

  20. 38 CFR Appendix A to Part 20 - Cross-References

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ..., and mailing address of the Board. 38 CFR 20.606 Rule 606. Legal interns, law students and paralegals... Rule 604. Representation by agents. 38 CFR 20.606 Rule 606. Legal interns, law students and paralegals... Section. 20.708 38 CFR 20.606(d) See re the prehearing conference required when a legal intern, law...

  1. 42 CFR 423.2063 - Applicability of laws, regulations and CMS Rulings.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Applicability of laws, regulations and CMS Rulings..., ALJ Hearings, MAC review, and Judicial Review § 423.2063 Applicability of laws, regulations and CMS... on ALJs and the MAC. (b) CMS Rulings are published under the authority of the CMS Administrator...

  2. Manual for Courts-Martial, United States, 1984. 1994 Edition.

    DTIC Science & Technology

    1994-01-01

    cards, forensic labora- that office. tory reports, chain of custody documents, morning (15) Statements in documents ajfecting an interest in reports...Para. 142e of the 1969 Manual, "Polygraph tests and drug-in- gate witnesses. This provision generally restates prior law but rec- duced or hypnosis ...statements of the person in- Rule 615. Exclusion of witnesses terviewed made during a drug-induced or hypnosis -induced inter- Rule 615 is taken from the f

  3. Justifying Torture: Explaining Democratic States' Noncompliance with International Humanitarian Law

    ERIC Educational Resources Information Center

    Kanstroom, Emily

    2007-01-01

    On June 28, 1951, France ratified the 1949 Geneva Conventions, which prohibited the torture of prisoners of war. On August 2, 1955, the United States of America ratified the same document. Between 1954 and 1962, France fought a war against Algeria, which sought its independence from colonial rule. From September 11, 2001 until the present, the…

  4. Communities Are Becoming "SolSmart" (With Some Help From Their States)

    Science.gov Websites

    , they may find that state law supersedes local control in some areas. A few examples of these local restricting solar, while outlining specific exceptions for historic districts. These examples showcase the may be the case that the jurisdiction's authority is subject to Dillon's Rule, where local authority

  5. Covering Intensive Community-Based Child Mental Health Services under Medicaid. A Series of Issue Briefs.

    ERIC Educational Resources Information Center

    Koyanagi, Chris; Semansky, Rafael

    This set of seven issue briefs considers six important community-based services for children with serious mental or emotional disorders that some states provide as mandated rehabilitation services under the federal Medicaid law. The materials are designed to help state policymakers develop appropriate rules for covering community-based services…

  6. State Challenges to "Plyler v. Doe": Undocumented Immigrant Students and Public School Access

    ERIC Educational Resources Information Center

    Sutton, Lenford C.; Stewart, Tricia J.

    2013-01-01

    This article presents a review and analysis of selected state laws and initiatives that have attempted to restrict public school access for undocumented immigrant children in the wake of the landmark U.S. Supreme Court decision of "Plyler v. Doe." Sutton and Stewart begin with an overview of the Court's ruling in "Plyler," then…

  7. 76 FR 34123 - Determination Related to Serbia Under Section 7072(c) of the Department of State, Foreign...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-06-10

    ... consistent with the Dayton Accords to end Serbian financial, political, security and other support which has... which reflect a respect for minority rights and the rule of law. This Determination and related...

  8. 75 FR 33376 - Determination Related to Serbia Under Section 7072(c) of the Department of State, Foreign...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-06-11

    ... to end Serbian financial, political, security and other support which has served to maintain separate... minority rights and the rule of law. This Determination and related Memorandum of Justification shall be...

  9. 45 CFR 261.70 - What safeguards are there to ensure that participants in work activities do not displace other...

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... complaints of alleged violations of the displacement rule in this section. (c) This section does not preempt or supersede State or local laws providing greater protection for employees from displacement. ...

  10. 45 CFR 261.70 - What safeguards are there to ensure that participants in work activities do not displace other...

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... complaints of alleged violations of the displacement rule in this section. (c) This section does not preempt or supersede State or local laws providing greater protection for employees from displacement. ...

  11. 45 CFR 261.70 - What safeguards are there to ensure that participants in work activities do not displace other...

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... complaints of alleged violations of the displacement rule in this section. (c) This section does not preempt or supersede State or local laws providing greater protection for employees from displacement. ...

  12. 45 CFR 261.70 - What safeguards are there to ensure that participants in work activities do not displace other...

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... complaints of alleged violations of the displacement rule in this section. (c) This section does not preempt or supersede State or local laws providing greater protection for employees from displacement. ...

  13. 45 CFR 261.70 - What safeguards are there to ensure that participants in work activities do not displace other...

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... complaints of alleged violations of the displacement rule in this section. (c) This section does not preempt or supersede State or local laws providing greater protection for employees from displacement. ...

  14. Presidential Signing Statements: Constitutional and Institutional Implications

    DTIC Science & Technology

    2007-04-13

    Association (ABA) recently publishing a report declaring that these instruments are “contrary to the rule of law and our constitutional separation of powers ” when...Force on Presidential Signing Statements and the Separation of Powers Doctrine at p. 5 (August 2006). Presidential Signing Statements: Constitutional...constitutional separation of powers ” when they “claim the authority or state the intention to disregard or decline to enforce all or part of a law...or to

  15. How Can the United States Army and the Interagency Community Better Define and Develop Rule of Law Doctrine and Initiatives to Include Projects Which Will Impact the Human Rights of Women in Afghanistan and Iraq?

    DTIC Science & Technology

    2009-06-12

    prosecuting and punishing criminal acts. 76 In the area of family law, some Muslim countries now prohibit polygamy and divorce by the husband’s...relations.” 198 Therefore, practices of polygamy would be inconsistent with the CEDAW because it undermines women‟s equality with men and potentially

  16. Pharmacies' Duty to Dispense Emergency Contraception: A Discussion of Religious Liberty.

    PubMed

    Yang, Y Tony; Sawicki, Nadia N

    2017-03-01

    In a recent battle between reproductive rights and religious freedom, the U.S. Supreme Court, by a five to three vote, declined to review an appeal in Stormans, Inc v Wiesman, a case brought by a Washington state pharmacy owner and two pharmacists who held religious objections to emergency contraception. These petitioners brought a constitutional challenge to Washington state regulations that required pharmacies to dispense all lawfully prescribed pharmaceuticals. In 2015, the Ninth Circuit Court of Appeals ruled that these regulations did not violate the Constitution. The Ninth Circuit confirmed that pharmacies must comply with state regulations requiring access to drugs even if the owners of the pharmacies hold religious objections to the provision of certain types of drugs-here, emergency contraception. The pharmacy owners appealed this ruling, and in 2016, the Supreme Court declined to review the case, effectively leaving the lower court ruling in place. This article analyzes the Stormans case, the difference between it and a seemingly similar case regarding contraceptive access decided by the Supreme Court in 2014, the effects of the Stormans ruling on emergency contraception access in Washington state as well as the ruling's potential implications for public health.

  17. The family as the foundation of political rule in western philosophy: a comparative analysis of Aristotle's politics and Hegel's philosophy of right.

    PubMed

    Jarvis, Douglas E

    2011-01-01

    For both Aristotle and Hegel, the family is the foundation in which the universalized rule of law is validated according to the political structure of the 'Polis' or 'State' itself. This composite whole or structure of society (Ancient Polis/Modern State) is the political end of humanity for both philosophers, which in turn finds its primordial beginning in the family. For Aristotle, it is in the kingly rule of the household that the property-based distinction of citizenship is set for the rule of his ideal Polis. For Hegel, it is in the love affirmed through caring affection within the nuclear family that the dialectical framework for the freedom of civil society, and the rational unity of a congregational 'spirit' in the State, finds its foundation. For both thinkers, the family sets the base for a political theory that defines citizenship in a manner that transcends the particularities of kin bonds.

  18. The Rule of Law Effort in Afghanistan: A Success Story in the Making

    DTIC Science & Technology

    2016-06-10

    14415/ justice -deferred-rule-of-law-in- central-america (accessed February 14, 2016). American Bar Association, Division for Public Education . “Part I...accountability for police and other security forces. Using El Salvador as a prognostic outlook on rule of law development and justice sector reform...security and complete justice sector reforms. Afghanistan is making progress after the fall of the Taliban in 2001 with a democratic republic, laws

  19. Establishing ethics in an organization by using principles.

    PubMed

    Hawks, Val D; Benzley, Steven E; Terry, Ronald E

    2004-04-01

    Laws, codes, and rules are essential for any community, public or private, to operate in an orderly and productive fashion. Without laws and codes, anarchy and chaos abound and the purpose and role of the organization is lost. However, danger is significant, and damage serious and far-reaching when individuals or organizations become so focused on rules, laws, and specifications that basic principles are ignored. This paper discusses the purpose of laws, rules, and codes, to help understand basic principles. With such an understanding an increase in the level of ethical and moral behavior can be obtained without imposing detailed rules.

  20. [Active euthanasia in Colombia and assisted suicide in California].

    PubMed

    Julesz, Máté

    2016-01-31

    The institution of active euthanasia has been legal in Colombia since 2015. In California, the regulation on physician-assisted suicide will come into effect on January 1, 2016. The legal institution of active euthanasia is not accepted under the law of the United States of America, however, physician-assisted suicide is accepted in an increasing number of member states. The related regulation in Oregon is imitated in other member states. In South America, Colombia is not the first country to legalize active euthanasia: active euthanasia has been legal in Uruguay since 1932. The North American legal tradition markedly differs from the South American one and both are incompatible with the Central European rule of law. In Hungary and in most European Union countries, solely the passive form of euthanasia is legal. In the Benelux countries, the active form of euthanasia is legal because the supranational law of the European Union does not prohibit it. Notwithstanding, European Union law does not prescribe legalization of either the active form of euthanasia, or the physician-assisted suicide.

  1. The Elusive Standard of Care.

    PubMed

    Cooke, Brian K; Worsham, Elizabeth; Reisfield, Gary M

    2017-09-01

    In medical negligence cases, the forensic expert must explain to a trier of fact what a defendant physician should have done, or not done, in a specific set of circumstances and whether the physician's conduct constitutes a breach of duty. The parameters of the duty are delineated by the standard of care. Many facets of the standard of care have been well explored in the literature, but gaps remain in a complete understanding of this concept. We examine the standard of care, its origins, and who determines the prevailing standard, beginning with an overview of the historical roots of the standard of care and, using case law, tracing its evolution from the 19th century through the early 21st century. We then analyze the locality rule and consider local, state, and national standards of care. The locality rule requires a defendant physician to provide the same degree of skill and care that is required of a physician practicing in the same or similar community. This rule remains alive in some jurisdictions in the United States. Last, we address the relationship between the standard of care and clinical practice guidelines. © 2017 American Academy of Psychiatry and the Law.

  2. 78 FR 40239 - Self-Regulatory Organizations; BATS Exchange, Inc.; Order Granting Approval to Proposed Rule...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-07-03

    ... Vacancies A Member Representative Director is defined in relevant part in Article I of the Current By-Laws... board.\\18\\ The Exchange has stated that, under these circumstances, time is of the essence and waiting...

  3. 77 FR 47544 - Approval of Classification Societies

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-09

    ...-AB35 Approval of Classification Societies AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: Federal law requires that classification societies conducting certain work in the United States be... that classification societies must meet in order to obtain approval by the Coast Guard. Through this...

  4. Episodic Memory Does Not Add Up: Verbatim-Gist Superposition Predicts Violations of the Additive Law of Probability

    PubMed Central

    Brainerd, C. J.; Wang, Zheng; Reyna, Valerie. F.; Nakamura, K.

    2015-01-01

    Fuzzy-trace theory’s assumptions about memory representation are cognitive examples of the familiar superposition property of physical quantum systems. When those assumptions are implemented in a formal quantum model (QEMc), they predict that episodic memory will violate the additive law of probability: If memory is tested for a partition of an item’s possible episodic states, the individual probabilities of remembering the item as belonging to each state must sum to more than 1. We detected this phenomenon using two standard designs, item false memory and source false memory. The quantum implementation of fuzzy-trace theory also predicts that violations of the additive law will vary in strength as a function of reliance on gist memory. That prediction, too, was confirmed via a series of manipulations (e.g., semantic relatedness, testing delay) that are thought to increase gist reliance. Surprisingly, an analysis of the underlying structure of violations of the additive law revealed that as a general rule, increases in remembering correct episodic states do not produce commensurate reductions in remembering incorrect states. PMID:26236091

  5. Diagnostic imaging rates for head injury in the ED and states' medical malpractice tort reforms.

    PubMed

    Smith-Bindman, Rebecca; McCulloch, Charles E; Ding, Alexander; Ding, Alex; Quale, Christopher; Chu, Philip W

    2011-07-01

    Physicians' fears of being sued may lead to defensive medical practices, such as ordering nonindicated medical imaging. We investigated the association between states' medical malpractice tort reforms and neurologic imaging rates for patients seen in the emergency department with mild head trauma. We assessed neurologic imaging among a national sample of 8588 women residing in 10 US states evaluated in an emergency setting for head injury between January 1, 1992, and December 31, 2001. We assessed the odds of imaging as it varied by the enactment of medical liability reform laws. The medical liability reform laws were significantly associated with the likelihood of imaging. States with laws that limited monetary damages (odds ratio [OR], 0.63; 95% confidence interval [CI], 0.40-0.99), mandated periodic award payments (OR, 0.64; 95% CI, 0.43-0.97), or specified collateral source offset rules (OR, 0.62; 95% CI, 0.40-0.96) had an approximately 40% lower odds of imaging, whereas states that had laws that limited attorney's contingency fees had significantly higher odds of imaging (OR, 1.5; 95% CI, 0.99-2.4), compared to states without these laws. When we used a summation of the number of laws in place, the greater the number of laws, the lower the odds of imaging. In the multivariate analysis, after adjusting for individual and community factors, the total number of laws remained significantly associated with the odds of imaging, and the effect of the individual laws was attenuated, but not eliminated. The tort reforms we examined were associated with the propensity to obtain neurologic imaging. If these results are confirmed in larger studies, tort reform might mitigate defensive medical practices. Copyright © 2011 Elsevier Inc. All rights reserved.

  6. [Legal aspects of prevention. The constitutional principle of optimal health protection].

    PubMed

    von Wartburg, W P

    1978-12-01

    With respect to the health services, a State founded upon the rule of law is in duty bound to act with restraint. Its aim should be to guarantee that public health is maintained in optimal fashion. For this purpose it must endeavour to exert an effective influence on environmental factors. The three main categories of activity with which the health services are concerned, i.e. protection of health, promotion of health, and health care should be governed by the principles inherent in a State based upon the rule of law. As regards preventive measures, this means that the State has to shape the environment and society in such a way as to meet the requirements of a modern system for the protection of public health, its objective in this context being to eliminate or minimise health risks. A rational government programme for the promotion of public health must also be designed to promote a more health-conscious pattern of behaviour in the population at large and to encourage those citizens requiring treatment to invoke the aid of the health care services without delay.

  7. 14 CFR 406.141 - Motions.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... section when filing a motion for consideration by the administrative law judge or the FAA decisionmaker on... determined by the administrative law judge. (e) Rulings on motions. The administrative law judge must rule on all motions as follows: (1) Discovery motions. The administrative law judge must resolve all pending...

  8. 14 CFR 406.141 - Motions.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... section when filing a motion for consideration by the administrative law judge or the FAA decisionmaker on... determined by the administrative law judge. (e) Rulings on motions. The administrative law judge must rule on all motions as follows: (1) Discovery motions. The administrative law judge must resolve all pending...

  9. 14 CFR 406.141 - Motions.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... section when filing a motion for consideration by the administrative law judge or the FAA decisionmaker on... determined by the administrative law judge. (e) Rulings on motions. The administrative law judge must rule on all motions as follows: (1) Discovery motions. The administrative law judge must resolve all pending...

  10. 14 CFR 406.141 - Motions.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... section when filing a motion for consideration by the administrative law judge or the FAA decisionmaker on... determined by the administrative law judge. (e) Rulings on motions. The administrative law judge must rule on all motions as follows: (1) Discovery motions. The administrative law judge must resolve all pending...

  11. The Ties that Bind: Race and Restitution in Education Law and Policy in South Africa and the United States of America

    ERIC Educational Resources Information Center

    Jansen, Jonathan D.

    2006-01-01

    The parallels between South Africa and the United States run deep. For the United States, that moment of transition, at least as far as education is concerned, was the landmark ruling of 1954, described in the shorthand, "Brown v. Board of Education"; for South Africa, that moment came 40 years later when every citizen could, for the…

  12. Smoke-free laws and direct democracy initiatives on smoking bans in Germany: a systematic review and quantitative assessment.

    PubMed

    Kohler, Stefan; Minkner, Philipp

    2014-01-03

    Germany's 16 states regulate smoking differently within health protection principles laid down in the federal law. All state smoke-free laws in Germany have undergone at least one change since taking effect. We systematically review federal and state laws regulating smoking, as well as petitions, popular initiatives and referenda that aimed at changing statutory smoking bans. Data generated through the systematic review were correlated with state smoking rates. The protection from the dangers of secondhand smoke is the primary motive for smoking bans in Germany. The first smoke-free laws affecting smoking in pubs, restaurants and several other public places were introduced in 2007. In 2008, the Federal Constitutional Court of Germany ruled in a leading decision on the smoke-free laws of two states that some common smoking ban exemptions of the introduced smoke-free laws violate the basic right to freely exercise a profession and mandated revisions. All states but Bavaria and Saarland, whose smoking bans were more and less comprehensive than those judged by the constitutional court, respectively, needed to change the smoking ban exemptions to reconcile their smoke-free laws with the constitution. Direct democracy initiatives to change smoking bans were only successful in Bavaria in 2010, but a total of 15 initiatives by citizens' or interest groups attempted to influence non-smokers protection legislation through direct democratic procedures. Early ratification of a smoking ban in a federal state correlates with a higher reduction in the smoking rate from 2005 to 2009 (Spearman's ρ = 0.51, p = 0.04). The federal government structure and direct democratic participation in smoke-free legislation in Germany has produced a diversity of local smoking bans and exemptions.

  13. Smoke-Free Laws and Direct Democracy Initiatives on Smoking Bans in Germany: A Systematic Review and Quantitative Assessment

    PubMed Central

    Kohler, Stefan; Minkner, Philipp

    2014-01-01

    Background: Germany’s 16 states regulate smoking differently within health protection principles laid down in the federal law. All state smoke-free laws in Germany have undergone at least one change since taking effect. Methods: We systematically review federal and state laws regulating smoking, as well as petitions, popular initiatives and referenda that aimed at changing statutory smoking bans. Data generated through the systematic review were correlated with state smoking rates. Results: The protection from the dangers of secondhand smoke is the primary motive for smoking bans in Germany. The first smoke-free laws affecting smoking in pubs, restaurants and several other public places were introduced in 2007. In 2008, the Federal Constitutional Court of Germany ruled in a leading decision on the smoke-free laws of two states that some common smoking ban exemptions of the introduced smoke-free laws violate the basic right to freely exercise a profession and mandated revisions. All states but Bavaria and Saarland, whose smoking bans were more and less comprehensive than those judged by the constitutional court, respectively, needed to change the smoking ban exemptions to reconcile their smoke-free laws with the constitution. Direct democracy initiatives to change smoking bans were only successful in Bavaria in 2010, but a total of 15 initiatives by citizens’ or interest groups attempted to influence non-smokers protection legislation through direct democratic procedures. Early ratification of a smoking ban in a federal state correlates with a higher reduction in the smoking rate from 2005 to 2009 (Spearman’s ρ = 0.51, p = 0.04). Conclusions: The federal government structure and direct democratic participation in smoke-free legislation in Germany has produced a diversity of local smoking bans and exemptions. PMID:24394216

  14. Army Civil Affairs Functional Specialists: On the Verge of Extinction

    DTIC Science & Technology

    2012-03-22

    the following six areas: rule of law, economic stability , infrastructure, governance, public health and welfare, and public education and information...as defined in table 1. Rule of Law Economic Stability Infrastructure Rule of law pertains to the fair, competent, and efficient application and... Economic stability pertains to the efficient management (for example, production, distribution, trade, and consumption) of resources, goods

  15. Whose Rule? Whose Law? Filtering America Out of the Rule of Law Mission in Iraq

    DTIC Science & Technology

    2010-12-01

    Iraqi court in Najaf , the holiest city to Shiite Muslims. 16 Only when local AU/ACSC/PALOMINO/AY10 6 citizens protested the ceremony and near mob...Air, Space, & Cyber Forces (Maxwell AFB, AL : The Judge Advocate General’s School , 2009), 337. 7 Ibid. 8 The Judge Advocate General’s Legal Center...Leonard J. Law, “Rule of Law in Iraq : Transitional Justice Under Occupation,” (Monograph presented to the School for Advanced Military Studies, Fort

  16. 49 CFR 1503.607 - Administrative law judges.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 49 Transportation 9 2012-10-01 2012-10-01 false Administrative law judges. 1503.607 Section 1503... PROCEDURES Rules of Practice in TSA Civil Penalty Actions § 1503.607 Administrative law judges. (a) Powers of...) Administer oaths and affirmations. (4) Issue subpoenas authorized by law. (5) Rule on offers of proof. (6...

  17. 49 CFR 1503.607 - Administrative law judges.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Administrative law judges. 1503.607 Section 1503... PROCEDURES Rules of Practice in TSA Civil Penalty Actions § 1503.607 Administrative law judges. (a) Powers of...) Administer oaths and affirmations. (4) Issue subpoenas authorized by law. (5) Rule on offers of proof. (6...

  18. 14 CFR 13.218 - Motions.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... administrative law judge. A party shall serve a copy of each motion on each party. (b) Form and contents. A party..., within a reasonable time determined by the administrative law judge. (e) Rulings on motions. The administrative law judge shall rule on all motions as follows: (1) Discovery motions. The administrative law...

  19. 14 CFR 13.218 - Motions.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... administrative law judge. A party shall serve a copy of each motion on each party. (b) Form and contents. A party..., within a reasonable time determined by the administrative law judge. (e) Rulings on motions. The administrative law judge shall rule on all motions as follows: (1) Discovery motions. The administrative law...

  20. 14 CFR 13.218 - Motions.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... administrative law judge. A party shall serve a copy of each motion on each party. (b) Form and contents. A party..., within a reasonable time determined by the administrative law judge. (e) Rulings on motions. The administrative law judge shall rule on all motions as follows: (1) Discovery motions. The administrative law...

  1. University Students' Views on Political Influences and the Status of Law in Post-Reform China: A Moderation and Mediation Analysis.

    PubMed

    Jiang, Guoping; Lo, T Wing

    2016-07-01

    Scholars categorize societies into "rule of man" societies, "rule by law" societies, and "rule of law" societies on the basis of a status of law. After 1978, China's leaders invoked law as an alternative to the arbitrariness of the Cultural Revolution. In this study, we used quantitative methods to explore university students' views on the status of law in post-reform China. Surveys were conducted in three national universities located in different regions of China. Responses from university students show that their perceptions of well-developed legislation and perceptions of the publicity of law are associated with their perceptions of equality before the law, which could be the consequence of a "rule of law" system. However, the study found that university students are of the view that the political nature of legislation and interference in law enforcement moderate the relationship between legislation and equality before the law. The political nature of legislation also moderates the mediation effect of interference in law enforcement between law publicity and equality before the law. As such, the article concludes that although university students are no longer primary movers in China's social and political development after the Tiananmen incident, they are still knowledgeable if not critical about the status of law and its political implications. © The Author(s) 2015.

  2. Southern Schools: More than a Half-Century after the Civil Rights Revolution

    ERIC Educational Resources Information Center

    Frankenberg, Erica; Hawley, Genevieve Siegel; Ee, Jongyeon; Orfield, Gary

    2017-01-01

    The South was the central focus of the "Brown v. Board of Education" decision from the U.S. Supreme Court in 1954. The landmark ruling held that laws mandating segregation in the school systems of the eleven states of the Old Confederacy, along with D.C. and six other states, violated the U.S. Constitution. Intense opposition met the…

  3. 76 FR 33155 - Safety Zones; Multiple Firework Displays in Captain of the Port, Puget Sound Area of Responsibility

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-06-08

    ... display on August 12, 2011 east of Green Point, Spieden Island, WA. All persons and vessels will be... offer to assist small entities in understanding the rule so that they can better evaluate its effects on... substantial direct effect on State or local governments and would either preempt State law or impose a...

  4. Constitutional Law--State Action--Golden v. Biscayne Bay Yacht Club: Preventing Discrimination by Private Clubs

    ERIC Educational Resources Information Center

    Patrick, Michael W.

    1976-01-01

    Although the Supreme Court has refrained from answering whether the membership policies of private clubs can be attacked on state action grounds, the Fifth Circuit Court of Appeals held in the affirmative in Golden v. Biscayne Bay Yacht Club. It ruled that leasing publicly owned bay bottom land to a yacht club constituted sufficient state…

  5. Commentary on Zirkel: Judicial Rulings Specific to FBAs or BIPs under the IDEA and Corollary State Laws--An Update

    ERIC Educational Resources Information Center

    Horner, Robert H.; Yell, Mitchell L.

    2017-01-01

    The authors discuss the journal article by Perry Zirkel on legal action in regard to functional behavioral assessment (FBA) and behavior intervention plans (BIPs). They contend that the Zirkel article opens larger questions that will be central to ongoing discussions at the national, state, district, school, and family levels. Such issues include…

  6. 29 CFR 102.26 - Motions, rulings, and orders part of the record; rulings not to be appealed directly to the Board...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... regional director or by the administrative law judge on motions and/or by the administrative law judge on... 29 Labor 2 2010-07-01 2010-07-01 false Motions, rulings, and orders part of the record; rulings... Unfair Labor Practices 1 Motions § 102.26 Motions, rulings, and orders part of the record; rulings not to...

  7. A clash of civilizations? Examining liberal-democratic values in Turkey and the European Union.

    PubMed

    Dixon, Jeffrey C

    2008-12-01

    Turkey's proposed entry into the European Union (EU) has been undermined by Europeans' perceptions of Turkish-European cultural differences, particularly regarding the liberal-democratic values that the EU promotes (democracy, rule of law, and respect for and appreciation of minority/human rights). Yet, cross-national research on values has not focused on Turkey, the EU, and these liberal-democratic values, leaving assumptions of cultural differences and their explanations untested. Through analyses of World and European Values Survey data (1999-2002), this article asks whether people in Turkey have the same values regarding democracy, rule of law (versus religious and authoritarian rule), and minority/human rights as people in EU member and candidate states (as of 2000)? What factors explain these values? I find that people in Turkey support democracy to the same extent as people in EU member and candidate states, but people in Turkey are more supportive of religious and authoritarian rule and are less tolerant of minorities. Although the 'clash of civilizations' thesis expects liberal values to be ordered according to countries' religious traditions, with western Christian the most supportive and Islamic the least, only for tolerance of minorities values is this pattern found. Instead, economic development most consistently explains differences between Turkey and EU member and candidate states in support for these values. I conclude with calls for theoretical refinement, particularly of the clash of civilizations thesis, along with suggestions for future research to examine more Muslim and Orthodox countries; I discuss the debate over Turkey's EU entry.

  8. Common state mechanisms regulating tribal tobacco taxation and sales, the USA, 2015

    PubMed Central

    DeLong, Hillary; Chriqui, Jamie; Leider, Julien; Chaloupka, Frank J

    2016-01-01

    Background Native American tribes, as sovereign nations, are exempt from state tobacco excise taxation, and self-govern on-reservation activity in the USA. Under Federal law, state excise taxes are owed by non-members purchasing tobacco on tribal land, but states are limited in how they enforce or collect these taxes. This study highlights the various policy approaches that states have taken to regulate tobacco sales on tribal lands given jurisdictional challenges. Methods State laws (statutes, regulations and case law), Attorney General opinions, and revenue notices and rulings effective as of 1 January 2015 for all 50 states and the District of Columbia were compiled using Boolean searches in Lexis-Nexis and Westlaw. Laws were limited to those addressing taxation compacts or tobacco sales involving tribal entities. Master Settlement Agreement laws and non-codified tribal codes/compacts were excluded. Results Twenty of the 34 states with tribal lands address tribal tobacco sales. Fourteen states address intergovernmental compacts: 11 are tobacco specific, and suggest or require specific provisions. Fifteen states address tribal tax stamps: 2 explicitly prohibit stamping tribally sold products, 9 stamp all products, and 4 stamp some. Prepayment of excise tax is required in 12 states: 6 on all products, 4 on products in excess of quota, and 2 on products sold by non-tribal retailers. 6 states use quotas to limit tax-free tobacco available to tribes. Conclusions Many states with a tribal presence have no formal strategies for non-members purchasing tobacco on tribal lands. Formalising policies and harmonising tax rates may assist states in collecting tax revenue from non-tribal consumers. PMID:27354677

  9. 50 CFR 17.47 - Special rules-insects.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ...) Any violation of State law will also be a violation of the Act. (3) Incidental take, that is, take... PLANTS (CONTINUED) ENDANGERED AND THREATENED WILDLIFE AND PLANTS Threatened Wildlife § 17.47 Special... apply to these species (cassius blue butterfly, ceraunus blue butterfly, nickerbean blue butterfly...

  10. 17 CFR 204.3 - General.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false General. 204.3 Section 204.3 Commodity and Securities Exchanges SECURITIES AND EXCHANGE COMMISSION RULES RELATING TO DEBT COLLECTION...; the Social Security Act; or the tariff laws of the United States. (e) The procedures for...

  11. 50 CFR 35.12 - Water rights.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 50 Wildlife and Fisheries 8 2011-10-01 2011-10-01 false Water rights. 35.12 Section 35.12 Wildlife... NATIONAL WILDLIFE REFUGE SYSTEM WILDERNESS PRESERVATION AND MANAGEMENT General Rules § 35.12 Water rights... the Department of the Interior as to exemption from State water laws. ...

  12. 50 CFR 35.12 - Water rights.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false Water rights. 35.12 Section 35.12 Wildlife... NATIONAL WILDLIFE REFUGE SYSTEM WILDERNESS PRESERVATION AND MANAGEMENT General Rules § 35.12 Water rights... the Department of the Interior as to exemption from State water laws. ...

  13. 49 CFR 224.13 - Preemptive effect.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Preemptive effect. 224.13 Section 224.13 Transportation Other Regulations Relating to Transportation (Continued) FEDERAL RAILROAD ADMINISTRATION... effect. Under 49 U.S.C. 20106, issuance of this part preempts any State law, rule, regulation, or order...

  14. Equality under the Law

    ERIC Educational Resources Information Center

    Hamilton, Lemondra V.

    2014-01-01

    The purpose of this case study was to examine how Mississippi Valley State University (MVSU) implemented the negotiated ruling of the "Ayers" desegregation lawsuit and settlement to empower the institution and similarly situated historically black colleges and universities (HBCUs). The spoken and written words of three administrators of…

  15. 50 CFR 17.42 - Special rules-reptiles.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... WILDLIFE AND PLANTS (CONTINUED) ENDANGERED AND THREATENED WILDLIFE AND PLANTS Threatened Wildlife § 17.42... commercial activity in accordance with the laws and regulations of the State of taking subject to the... this subchapter any threatened crocodilians, including their skins, parts, and products. (B) Commercial...

  16. 50 CFR 17.42 - Special rules-reptiles.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... WILDLIFE AND PLANTS (CONTINUED) ENDANGERED AND THREATENED WILDLIFE AND PLANTS Threatened Wildlife § 17.42... commercial activity in accordance with the laws and regulations of the State of taking subject to the... this subchapter any threatened crocodilians, including their skins, parts, and products. (B) Commercial...

  17. The Wise Bus Buyer.

    ERIC Educational Resources Information Center

    Dervarics, Charles

    1993-01-01

    School transportation experts consider the following essential rules in purchasing school buses: know your geography; know federal and state regulations; write specifications carefully; plan for replacement and growth; check out prospective bidders; keep up with recent trends; and remain flexible. New Jersey enacted a law last year requiring seat…

  18. 50 CFR 35.12 - Water rights.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 9 2013-10-01 2013-10-01 false Water rights. 35.12 Section 35.12 Wildlife... NATIONAL WILDLIFE REFUGE SYSTEM WILDERNESS PRESERVATION AND MANAGEMENT General Rules § 35.12 Water rights... the Department of the Interior as to exemption from State water laws. ...

  19. 50 CFR 35.12 - Water rights.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 50 Wildlife and Fisheries 9 2012-10-01 2012-10-01 false Water rights. 35.12 Section 35.12 Wildlife... NATIONAL WILDLIFE REFUGE SYSTEM WILDERNESS PRESERVATION AND MANAGEMENT General Rules § 35.12 Water rights... the Department of the Interior as to exemption from State water laws. ...

  20. 50 CFR 35.12 - Water rights.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 50 Wildlife and Fisheries 9 2014-10-01 2014-10-01 false Water rights. 35.12 Section 35.12 Wildlife... NATIONAL WILDLIFE REFUGE SYSTEM WILDERNESS PRESERVATION AND MANAGEMENT General Rules § 35.12 Water rights... the Department of the Interior as to exemption from State water laws. ...

  1. 31 CFR 10.30 - Solicitation.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... must retain a recording of the actual transmission. In the case of direct mail and e-commerce... Revenue Service if the solicitation violates Federal or State law or other applicable rule, e.g..., obtains clients or otherwise practices in a manner forbidden under this section. (e) Effective...

  2. 31 CFR 10.30 - Solicitation.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... must retain a recording of the actual transmission. In the case of direct mail and e-commerce... Revenue Service if the solicitation violates Federal or State law or other applicable rule, e.g..., obtains clients or otherwise practices in a manner forbidden under this section. (e) Effective...

  3. 31 CFR 10.30 - Solicitation.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... must retain a recording of the actual transmission. In the case of direct mail and e-commerce... Internal Revenue Service if the solicitation violates Federal or State law or other applicable rule, e.g..., obtains clients or otherwise practices in a manner forbidden under this section. (e) Effective...

  4. 31 CFR 10.30 - Solicitation.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... must retain a recording of the actual transmission. In the case of direct mail and e-commerce... Revenue Service if the solicitation violates Federal or State law or other applicable rule, e.g..., obtains clients or otherwise practices in a manner forbidden under this section. (e) Effective...

  5. Association between Clean Indoor Air Laws and Voluntary Smokefree Rules in Homes and Cars

    PubMed Central

    Cheng, Kai-Wen; Okechukwu, Cassandra A.; McMillen, Robert; Glantz, Stanton A.

    2013-01-01

    Objectives This study examines the influence that smokefree workplaces, restaurants, and bars on the adoption of smokefree rules in homes and cars and whether the adoptions of home and car smokefree rule are associated. Methods Bivariate probit models were used to jointly estimate the likelihood of living in a smokefree home and having a smokefree car as a function of law coverage and other variables. Household data are from the nationally representative Social Climate Survey of Tobacco Control 2001, 2002, and 2004–2009; clean indoor air law data comes from the American Nonsmokers’ Rights Foundation Tobacco Control Laws Database. Results Both “full coverage” and “partial coverage” smokefree legislations are associated with an increased likelihood of having voluntary home and car smokefree rules compared with “no coverage”. The association between “full coverage” and smokefree rule in homes and cars is 5% and 4%, respectively, and the association between “partial coverage” and smokefree rule in homes and cars is 3% and 4%, respectively. There is a positive association between the adoption of home and car smokefree rules. Conclusions Clean indoor air laws provide the additional benefit of encouraging voluntary adoption of smokefree rules in homes and cars. PMID:24114562

  6. The Rule of Law and the U.S. Quest for Security in El Salvador

    DTIC Science & Technology

    2007-03-12

    theoretical and practical meanings of the rule of law and follows with an examination of the centrality of the concept in U.S. strategic thinking...Defense Review Report, February 6, 2006 “Help Iraq strengthen the rule of law and promote civil rights.” Strategic Pillar Six, National Strategy for...53 Strategic Context: Globalization and the Rise of International Crime

  7. Modeling for (physical) biologists: an introduction to the rule-based approach

    PubMed Central

    Chylek, Lily A; Harris, Leonard A; Faeder, James R; Hlavacek, William S

    2015-01-01

    Models that capture the chemical kinetics of cellular regulatory networks can be specified in terms of rules for biomolecular interactions. A rule defines a generalized reaction, meaning a reaction that permits multiple reactants, each capable of participating in a characteristic transformation and each possessing certain, specified properties, which may be local, such as the state of a particular site or domain of a protein. In other words, a rule defines a transformation and the properties that reactants must possess to participate in the transformation. A rule also provides a rate law. A rule-based approach to modeling enables consideration of mechanistic details at the level of functional sites of biomolecules and provides a facile and visual means for constructing computational models, which can be analyzed to study how system-level behaviors emerge from component interactions. PMID:26178138

  8. 50 CFR 17.85 - Special rules-invertebrates.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... regulations or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You... WILDLIFE AND PLANTS (CONTINUED) ENDANGERED AND THREATENED WILDLIFE AND PLANTS Experimental Populations § 17.85 Special rules—invertebrates. (a) Seventeen mollusks in the Tennessee River. The species in the...

  9. 50 CFR 17.85 - Special rules-invertebrates.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... regulations or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You... WILDLIFE AND PLANTS (CONTINUED) ENDANGERED AND THREATENED WILDLIFE AND PLANTS Experimental Populations § 17.85 Special rules—invertebrates. (a) Seventeen mollusks in the Tennessee River. The species in the...

  10. 50 CFR 17.85 - Special rules-invertebrates.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... regulations or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You... WILDLIFE AND PLANTS (CONTINUED) ENDANGERED AND THREATENED WILDLIFE AND PLANTS Experimental Populations § 17.85 Special rules—invertebrates. (a) Seventeen mollusks in the Tennessee River. The species in the...

  11. 20 CFR 725.511 - Use and benefit defined.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 315). Surplus funds may also be invested in accordance with the rules applicable to investment of trust estates by trustees. For example, surplus funds may be deposited in an interest or dividend... federally insured or is otherwise insured in accordance with State law requirements. Surplus funds deposited...

  12. 30 CFR 1229.120 - Obtaining regulatory and policy guidance.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ....120 Section 1229.120 Mineral Resources OFFICE OF NATURAL RESOURCES REVENUE, DEPARTMENT OF THE INTERIOR NATURAL RESOURCES REVENUE DELEGATION TO STATES Oil and Gas, Onshore Delegation Requirements § 1229.120... full accord with all Federal laws, rules and regulations, and Secretarial and agency determinations and...

  13. 18 CFR 156.3 - Applications; general requirements.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... Natural Gas Act; State under the laws of which applicant is incorporated, organized or authorized; and the... COMMISSION, DEPARTMENT OF ENERGY REGULATIONS UNDER NATURAL GAS ACT APPLICATIONS FOR ORDERS UNDER SECTION 7(a) OF THE NATURAL GAS ACT § 156.3 Applications; general requirements. (a) Applicable rules. The...

  14. 18 CFR 156.3 - Applications; general requirements.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... Natural Gas Act; State under the laws of which applicant is incorporated, organized or authorized; and the... COMMISSION, DEPARTMENT OF ENERGY REGULATIONS UNDER NATURAL GAS ACT APPLICATIONS FOR ORDERS UNDER SECTION 7(a) OF THE NATURAL GAS ACT § 156.3 Applications; general requirements. (a) Applicable rules. The...

  15. 30 CFR 1229.120 - Obtaining regulatory and policy guidance.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ....120 Section 1229.120 Mineral Resources OFFICE OF NATURAL RESOURCES REVENUE, DEPARTMENT OF THE INTERIOR NATURAL RESOURCES REVENUE DELEGATION TO STATES Oil and Gas, Onshore Delegation Requirements § 1229.120... full accord with all Federal laws, rules and regulations, and Secretarial and agency determinations and...

  16. 18 CFR 156.3 - Applications; general requirements.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... Natural Gas Act; State under the laws of which applicant is incorporated, organized or authorized; and the... COMMISSION, DEPARTMENT OF ENERGY REGULATIONS UNDER NATURAL GAS ACT APPLICATIONS FOR ORDERS UNDER SECTION 7(a) OF THE NATURAL GAS ACT § 156.3 Applications; general requirements. (a) Applicable rules. The...

  17. 30 CFR 1229.120 - Obtaining regulatory and policy guidance.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ....120 Section 1229.120 Mineral Resources OFFICE OF NATURAL RESOURCES REVENUE, DEPARTMENT OF THE INTERIOR NATURAL RESOURCES REVENUE DELEGATION TO STATES Oil and Gas, Onshore Delegation Requirements § 1229.120... full accord with all Federal laws, rules and regulations, and Secretarial and agency determinations and...

  18. 42 CFR 410.74 - Physician assistants' services.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 42 Public Health 2 2011-10-01 2011-10-01 false Physician assistants' services. 410.74 Section 410... Physician assistants' services. (a) Basic rule. Medicare Part B covers physician assistants' services only... physically present when the physician assistant is performing the services unless required by State law...

  19. 42 CFR 410.74 - Physician assistants' services.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 42 Public Health 2 2013-10-01 2013-10-01 false Physician assistants' services. 410.74 Section 410... Physician assistants' services. (a) Basic rule. Medicare Part B covers physician assistants' services only... physically present when the physician assistant is performing the services unless required by State law...

  20. 42 CFR 410.74 - Physician assistants' services.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 2 2014-10-01 2014-10-01 false Physician assistants' services. 410.74 Section 410... Physician assistants' services. (a) Basic rule. Medicare Part B covers physician assistants' services only... physically present when the physician assistant is performing the services unless required by State law...

  1. 42 CFR 410.74 - Physician assistants' services.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 2 2012-10-01 2012-10-01 false Physician assistants' services. 410.74 Section 410... Physician assistants' services. (a) Basic rule. Medicare Part B covers physician assistants' services only... physically present when the physician assistant is performing the services unless required by State law...

  2. 42 CFR 410.74 - Physician assistants' services.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Physician assistants' services. 410.74 Section 410... Physician assistants' services. (a) Basic rule. Medicare Part B covers physician assistants' services only... physically present when the physician assistant is performing the services unless required by State law...

  3. 31 CFR 10.30 - Solicitation.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    .... In the case of direct mail and e-commerce communications, the practitioner must retain a copy of the... Federal or State law or other applicable rule, e.g., attorneys are precluded from making a solicitation... manner forbidden under this section. (e) Effective/applicability date. This section is applicable on...

  4. DOE Office of Scientific and Technical Information (OSTI.GOV)

    Hummel, John R.; Lewis, Paul; Martinez-Moyano, Ignacio

    In 2005, the United Nations (UN) World Conference on Disaster Reduction convened in Kobe, Hyogo, Japan, with the goal of developing a 10-year strategy to guide countries in fostering resiliency to natural disasters.1 The Hyogo Framework for Action (HFA) established five priorities to enhance community resiliency, emphasizing improvements in the rule of law as it relates to communities’ governing systems. The end of the first 10-year period of the HFA presents an opportunity for policymakers to examine how the rule of law could be incorporated in the analyses of progress toward the resiliency goals articulated in the HFA priorities. Thismore » paper discusses the relationship between the rule of law and resiliency, presents a case study of how the rule of law could be analyzed in the context of community resiliency based on the HFA priorities, and proposes a model of how the rule of law supports the community system activities necessary to achieve the resiliency enhancements described in the HFA.« less

  5. An Introduction to Medical Malpractice in the United States

    PubMed Central

    2008-01-01

    Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts. Medical malpractice lawsuits are a relatively common occurrence in the United States. The legal system is designed to encourage extensive discovery and negotiations between adversarial parties with the goal of resolving the dispute without going to jury trial. The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering. PMID:19034593

  6. An introduction to medical malpractice in the United States.

    PubMed

    Bal, B Sonny

    2009-02-01

    Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts. Medical malpractice lawsuits are a relatively common occurrence in the United States. The legal system is designed to encourage extensive discovery and negotiations between adversarial parties with the goal of resolving the dispute without going to jury trial. The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.

  7. Medical information, confidentiality, and privacy.

    PubMed

    Liang, Bryan A

    2002-12-01

    State laws and accreditation requirements dictate the form, ownership, and substance of medical records, as well as requirements for storage, access, and confidentiality. There are limited exceptions to these requirements but they are highly circumscribed. Federal law also outlines requirements to ensure the privacy of patient-identifiable information. Thus, providers must be aware of these rules both to protect patient information from being abused and to understand the affirmative obligations they have so as to avoid the significant penalties associated with breach of these provisions.

  8. Protecting Noncreative Databases: H.R. 3261, 108th Congress, First Session (2003)

    DTIC Science & Technology

    2004-01-29

    misappropriation of the latter’s property, notwithstanding the general rule that no one owns “the news.”) 4 See e.g., National Basketball Assoc. v...Motorola, Inc., 105 F.3d 841 (2d Cir. 1997)(Misappropriation claim under state law brought by the NBA against Motorola for hand held pagers that...provided real-time information about NBA games was preempted by copyright law ); Warren Publishing v. Microdos Data Inc. 115 F.3d 1509 (11th Cir)(en banc

  9. The Rule of Law Effort in Afghanistan: A Success Story in the Making

    DTIC Science & Technology

    2016-06-10

    government established after the defeat of the Taliban started to build its executive, legislative, and judicial branches. This included the...was implemented to promote the rule of law. Rule of Law Reform As the Afghan government started to build its executive, judicial and legislative... minimalist stabilization: The difficulty of eliminating low-level violence by the military instrument and the availability of only weak tools to

  10. Legal Services: Rules of Professional Conduct for Lawyers

    DTIC Science & Technology

    1992-05-01

    prospectively limiting the lawyer’s liability to a client for malpractice unless permitted by law and the client is independently represented in making the...an appropriate diagnostician but military law does not recognize a doctor -patient privilege. CROSS REFERENCES: Rule 1.2 Scope of Representation Rule...Limiting the practice of law to members of the bar protects the public against rendition of legal services by unqualified persons. A lawyer’s

  11. Letters from California--the safety police.

    PubMed

    Pogrel, M A

    1995-05-20

    I am sure many people imagine the United States of America as the land of the free, where people can do what they want unfettered by unnecessary rules, regulations and taxation. Unfortunately, the truth is very different and there are as many rules and regulations in the USA as almost anywhere else, and in some cases they are more complex since regulations come from both the federal government and the state government. Both may pass similar laws which differ in small degrees so there may be considerable areas of overlap but also considerable differences between the federal and state regulations. For dentists, a particular area of concern in recent years has been the agency known as OSHA, the Office of Safety and Health Administration.

  12. Grants for adaptive sports programs for disabled veterans and disabled members of the Armed Forces. Final rule.

    PubMed

    2015-05-04

    This final rule amends Department of Veterans Affairs (VA) regulations to establish a new program to provide grants to eligible entities to provide adaptive sports activities to disabled veterans and disabled members of the Armed Forces. This rulemaking is necessary to implement a change in the law that authorizes VA to make grants to entities other than the United States Olympic Committee for adaptive sports programs. It establishes procedures for evaluating grant applications under this grant program, and otherwise administering the grant program. This rule implements section 5 of the VA Expiring Authorities Extension Act of 2013.

  13. Association between clean indoor air laws and voluntary smokefree rules in homes and cars.

    PubMed

    Cheng, Kai-Wen; Okechukwu, Cassandra A; McMillen, Robert; Glantz, Stanton A

    2015-03-01

    This study examines the influence that smokefree workplaces, restaurants and bars have on the adoption of smokefree rules in homes and cars, and whether there is an association with adopting smokefree rules in homes and cars. Bivariate probit models were used to jointly estimate the likelihood of living in a smokefree home and having a smokefree car as a function of law coverage and other variables. Household data were obtained from the nationally representative Social Climate Survey of Tobacco Control 2001, 2002 and 2004-2009; clean indoor air law data were from the American Nonsmokers' Rights Foundation Tobacco Control Laws Database. 'Full coverage' and 'partial coverage' smokefree legislation is associated with an increased likelihood of having voluntary home and car smokefree rules compared with 'no coverage'. The association between 'full coverage' and smokefree rule in homes and cars is 5% and 4%, respectively, and the association between 'partial coverage' and smokefree rules in homes and cars is 3% and 4%, respectively. There is a positive association between the adoption of smokefree rules in homes and cars. Clean indoor air laws provide the additional benefit of encouraging voluntary adoption of smokefree rules in homes and cars. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  14. A Tale Of Two States: Mississippi, West Virginia, And Exemptions To Compulsory School Vaccination Laws.

    PubMed

    Colgrove, James; Lowin, Abigail

    2016-02-01

    School-based compulsory vaccination laws have provoked debates over the legitimacy of government coercion versus the scope of parental rights. A key point of contention in these school vaccination laws are provisions known as exemption clauses that allow some parents to enroll their children in school unimmunized for reasons other than medical conditions. For more than three decades Mississippi and West Virginia stood apart as the only two US states that did not offer nonmedical exemptions to school vaccination laws. But other states seem to be moving in this direction, such as California, which in 2015 eliminated nonmedical exemptions following the Disneyland measles outbreak. The apparent shift creates an opportune moment to look at the experiences of Mississippi and West Virginia. Through a review of legislative histories, legal rulings, media accounts, and interviews with health officials in the two states, we consider the reasons for and consequences of their allowing only medical exemptions and the prospects their approach holds out for other states that may wish to emulate it. The experiences of these two states suggest that contrary to conventional wisdom, it may be politically tenable to limit exemptions to only medical reasons without damaging either the stature of public health or the immunization system. Project HOPE—The People-to-People Health Foundation, Inc.

  15. Competition rules and health care players: principles and consequences.

    PubMed

    Fornaciari, Diego; Callens, Stefaan

    2012-01-01

    Competition rules maximise consumer welfare by promoting efficient use of scarce resource and thus high output, low prices, high quality, varied services, innovation, production and distribution. European courts consider doctors and hospital staff as undertakings (any entity that performs economic activities), so that if they enter into agreements then they have to comply with competition rules. This paper's objective is to determine whether competition law, which applies to undertakings, can in fact be applied to different healthcare-sector players and whether specific rules are needed regarding competition between healthcare undertakings. Data were selected from relevant European and national case law, European institution legal documents (such as regulations, guidelines and communications) and healthcare competition law literature, and then examined. The paper finds that competition rules are applicable to healthcare players considering the consequences if competition rules are applied to the healthcare market. For market processes to result in the appropriate cost, quality and output, competition law must be proactive. In other words, quality must be fully factored into the competitive mix, allowing consumers to weigh healthcare price and non-price characteristics. Countries have different healthcare system and competition rules (although similar), competition rule impact is different for each country. Some healthcare systems are more regulated and there will be less opportunity for healthcare players to compete. Efficiently applying competition law to healthcare players means that several challenges need facing, such as healthcare quality complexity and court scepticism. This article points out the challenges when competition law is applied to the healthcare sector and how these challenges are faced in certain countries such as The Netherlands.

  16. State of Wisconsin Commercial Drivers License Instructor's Manual.

    ERIC Educational Resources Information Center

    Madison Area Technical Coll., WI.

    This instructor's manual contains seven units for a course to prepare students to pass the Wisconsin Commercial Driver's License test. The units cover the following: (1) introduction (rules and laws); (2) vehicle inspection; (3) transporting cargo safely; (4) transporting passengers; (5) air brakes; (6) combination vehicles; and (7) introduction…

  17. Student Residence Classification: Revision and Review of Regulations.

    ERIC Educational Resources Information Center

    Nussbaum, Tom; Close, Catherine

    This report proposes regulations for the implementation of California's Uniform Student Residency Act by the state's community colleges. First, background information is provided on three laws: (1) the Uniform Student Residency Act, which establishes rules for use in classifying college students as residents or non-residents; (2) legislation…

  18. 29 CFR 553.225 - Early relief.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 3 2013-07-01 2013-07-01 false Early relief. 553.225 Section 553.225 Labor Regulations... FAIR LABOR STANDARDS ACT TO EMPLOYEES OF STATE AND LOCAL GOVERNMENTS Fire Protection and Law Enforcement Employees of Public Agencies Tour of Duty and Compensable Hours of Work Rules § 553.225 Early...

  19. 29 CFR 553.225 - Early relief.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 3 2012-07-01 2012-07-01 false Early relief. 553.225 Section 553.225 Labor Regulations... FAIR LABOR STANDARDS ACT TO EMPLOYEES OF STATE AND LOCAL GOVERNMENTS Fire Protection and Law Enforcement Employees of Public Agencies Tour of Duty and Compensable Hours of Work Rules § 553.225 Early...

  20. 29 CFR 553.225 - Early relief.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 3 2014-07-01 2014-07-01 false Early relief. 553.225 Section 553.225 Labor Regulations... FAIR LABOR STANDARDS ACT TO EMPLOYEES OF STATE AND LOCAL GOVERNMENTS Fire Protection and Law Enforcement Employees of Public Agencies Tour of Duty and Compensable Hours of Work Rules § 553.225 Early...

  1. 5 CFR 7.3 - Citizenship.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... Citizenship. (a) No person shall be admitted to competitive examination unless such person is a citizen or national of the United States. (b) No person shall be given any appointment in the competitive service... rule and to the extent permitted by law, authorize the appointment of aliens to positions in the...

  2. 5 CFR 7.3 - Citizenship.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Citizenship. (a) No person shall be admitted to competitive examination unless such person is a citizen or national of the United States. (b) No person shall be given any appointment in the competitive service... rule and to the extent permitted by law, authorize the appointment of aliens to positions in the...

  3. 26 CFR 1.883-0 - Outline of major topics.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... international operation of ships or aircraft. (a) General rule. (b) Qualified income. (c) Qualified foreign...) Dry lease. (iv) Entity. (v) Fiscally transparent entity under the income tax laws of the United States... charter. (x) Voyage charter. (xi) Wet lease. (f) International operation of ships or aircraft. (1) General...

  4. 26 CFR 1.883-0 - Outline of major topics.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... international operation of ships or aircraft. (a) General rule. (b) Qualified income. (c) Qualified foreign...) Dry lease. (iv) Entity. (v) Fiscally transparent entity under the income tax laws of the United States... charter. (x) Voyage charter. (xi) Wet lease. (f) International operation of ships or aircraft. (1) General...

  5. 12 CFR 263.3 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Administration (the NCUA). (j) Party means the Board and any person named as a party in any notice. (k) Person... subpart, unless explicitly stated to the contrary: (a) Administrative law judge means one who presides at... means a proceeding conducted pursuant to these rules and leading to the formulation of a final order...

  6. 50 CFR 17.42 - Special rules-reptiles.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... WILDLIFE AND PLANTS (CONTINUED) ENDANGERED AND THREATENED WILDLIFE AND PLANTS Threatened Wildlife § 17.42... commercial activity in accordance with the laws and regulations of the State of taking subject to the... products. (B) Commercial activity. Except as provided in paragraph (c)(3) of this section, it is unlawful...

  7. 50 CFR 17.42 - Special rules-reptiles.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... WILDLIFE AND PLANTS (CONTINUED) ENDANGERED AND THREATENED WILDLIFE AND PLANTS Threatened Wildlife § 17.42... commercial activity in accordance with the laws and regulations of the State of taking subject to the... products. (B) Commercial activity. Except as provided in paragraph (c)(3) of this section, it is unlawful...

  8. 50 CFR 17.42 - Special rules-reptiles.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... WILDLIFE AND PLANTS (CONTINUED) ENDANGERED AND THREATENED WILDLIFE AND PLANTS Threatened Wildlife § 17.42... commercial activity in accordance with the laws and regulations of the State of taking subject to the... products. (B) Commercial activity. Except as provided in paragraph (c)(3) of this section, it is unlawful...

  9. 12 CFR 313.1 - Scope.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE PROCEDURES FOR CORPORATE DEBT... Social Security Act (42 U.S.C. 301 et seq.), or the tariff laws of the United States; (2) To a situation... to: (1) Debts owed to and payments made by the FDIC acting in its corporate capacity, that is, in...

  10. 12 CFR 313.1 - Scope.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE PROCEDURES FOR CORPORATE DEBT... Social Security Act (42 U.S.C. 301 et seq.), or the tariff laws of the United States; (2) To a situation... to: (1) Debts owed to and payments made by the FDIC acting in its corporate capacity, that is, in...

  11. 12 CFR 313.1 - Scope.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE PROCEDURES FOR CORPORATE DEBT... Social Security Act (42 U.S.C. 301 et seq.), or the tariff laws of the United States; (2) To a situation... to: (1) Debts owed to and payments made by the FDIC acting in its corporate capacity, that is, in...

  12. 12 CFR 313.1 - Scope.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE PROCEDURES FOR CORPORATE DEBT... Social Security Act (42 U.S.C. 301 et seq.), or the tariff laws of the United States; (2) To a situation... to: (1) Debts owed to and payments made by the FDIC acting in its corporate capacity, that is, in...

  13. 12 CFR 313.1 - Scope.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE PROCEDURES FOR CORPORATE DEBT... Social Security Act (42 U.S.C. 301 et seq.), or the tariff laws of the United States; (2) To a situation... to: (1) Debts owed to and payments made by the FDIC acting in its corporate capacity, that is, in...

  14. 75 FR 63106 - Correction of Administrative Errors

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-10-14

    ... million or more by state, local, and tribal governments, in the aggregate, or by the private sector... contains notices to the public of #0;the proposed issuance of rules and regulations. The purpose of these... was established by the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335...

  15. 36 CFR 1211.125 - Effect of other requirements.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... FEDERAL FINANCIAL ASSISTANCE Introduction § 1211.125 Effect of other requirements. (a) Effect of other... regulation. (b) Effect of State or local law or other requirements. The obligation to comply with these Title..., on the basis of sex, to practice any occupation or profession. (c) Effect of rules or regulations of...

  16. 49 CFR 25.125 - Effect of other requirements.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE Introduction § 25.125 Effect of.... 206); and any other Act of Congress or Federal regulation. (b) Effect of State or local law or other... profession. (c) Effect of rules or regulations of private organizations. The obligation to comply with these...

  17. 32 CFR 196.125 - Effect of other requirements.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... FEDERAL FINANCIAL ASSISTANCE Introduction § 196.125 Effect of other requirements. (a) Effect of other... regulation. (b) Effect of State or local law or other requirements. The obligation to comply with these Title..., on the basis of sex, to practice any occupation or profession. (c) Effect of rules or regulations of...

  18. 24 CFR 3.125 - Effect of other requirements.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... FINANCIAL ASSISTANCE Introduction § 3.125 Effect of other requirements. (a) Effect of other Federal... regulation. (b) Effect of State or local law or other requirements. The obligation to comply with these Title..., on the basis of sex, to practice any occupation or profession. (c) Effect of rules or regulations of...

  19. Contract Law, Due Process, and the NCAA.

    ERIC Educational Resources Information Center

    Dickerson, Jaffe D.; Chapman, Mayer

    1978-01-01

    The NCAA has enjoyed almost total freedom from judicial scrutiny of its rules, procedures, and official acts in large part because of its private nature as an unincorporated association. The function of the NCAA, California State University, Hayward v NCAA, and due process of the student-athlete are discussed. (MLW)

  20. The Courage to be Literate and Free.

    ERIC Educational Resources Information Center

    Hartoonian, H. Michael

    The first purpose of public education in the United States is to keep the republic going, to improve its institutions, and to help individuals increase their capacity to be better. Limited government is only possible when literate citizens understand the concepts of rule of law, voluntary compliance, individual standards of craftsmanship, and…

  1. 26 CFR 1.411(a)-4 - Forfeitures, suspensions, etc.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... account benefits which are provided under the Social Security Act or under any other Federal or State law... retroactive effect in accordance with such section. (4) Other forfeiture rules—(i) Withdrawal of mandatory contributions. For rules allowing forfeitures on account of the withdrawal of mandatory contributions, see § 1...

  2. Democratic Governance and the Rule of Law: Lessons from Colombia

    DTIC Science & Technology

    2009-12-01

    DEMOCRATIC GOVERNANCE AND THE RULE OF LAW: LESSONS FROM COLOMBIA Gabriel Marcella December 2009 The views expressed in this report are those of the... Government . Authors of Strategic Studies Institute (SSI) publications enjoy full academic freedom, provided they do not disclose classified information...DATES COVERED 00-00-2009 to 00-00-2009 4. TITLE AND SUBTITLE Democratic Governance and the Rule of Law: Lessons from Colombia 5a. CONTRACT NUMBER

  3. Postmortem sperm procurement: a legal perspective.

    PubMed

    Kahan, S E; Seftel, A D; Resnick, M I

    1999-06-01

    Postmortem sperm procurement with subsequent artificial insemination has become a technically feasible method for posthumous conception. A variety of legal questions exist involving the rights and relationships of the deceased, his family and his issue. We addressed these questions and designed a workable protocol for postmortem sperm procurement. MEDLINE, WESTLAW and LEXIS medical literature, and case law searches were conducted. United States and international case law, United States (federal and state) statutes, Uniform Law Commissions Acts, and law review commentaries and articles were reviewed. While postmortem sperm procurement is being requested throughout the United States, no standard protocol or procedural guidelines have been established by federal or state statute. Furthermore, the courts have not yet addressed this specific scenario in reported case law. Statutes and case law do address related factual scenarios and issues, including property rights in human bodies, rules governing transplantation of human organs/body parts, rights of parties in in vivo sperm bank donations and responsibilities of parents to the conceptus of artificial insemination. A workable protocol can be established by analyzing case law and statutes addressing factually similar scenarios. Urologists must focus on the express intent of the decedent and limit any postmortem sperm retrieval to the specific requests made by the decedent. Decedent requests should be documented in writing. The decedent must be competent and of majority age. In the absence of decedent expressed affirmative directive calling for sperm retrieval, no other relative or guardian may authorize this retrieval. Issues regarding the legitimacy and inheritance rights of the conceptus will most consistently be addressed when explicitly provided for in the will of the decedent.

  4. Determination of Death and the Dead Donor Rule: A Survey of the Current Law on Brain Death.

    PubMed

    Nikas, Nikolas T; Bordlee, Dorinda C; Moreira, Madeline

    2016-06-01

    Despite seeming uniformity in the law, end-of-life controversies have highlighted variations among state brain death laws and their interpretation by courts. This article provides a survey of the current legal landscape regarding brain death in the United States, for the purpose of assisting professionals who seek to formulate or assess proposals for changes in current law and hospital policy. As we note, the public is increasingly wary of the role of organ transplantation in determinations of death, and of the variability of brain death diagnosing criteria. We urge that any attempt to alter current state statutes or to adopt a national standard must balance the need for medical accuracy with sound ethical principles which reject the utilitarian use of human beings and are consistent with the dignity of the human person. Only in this way can public trust be rebuilt. © The Author 2016. Published by Oxford University Press, on behalf of the Journal of Medicine and Philosophy Inc. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  5. Common state mechanisms regulating tribal tobacco taxation and sales, the USA, 2015.

    PubMed

    DeLong, Hillary; Chriqui, Jamie; Leider, Julien; Chaloupka, Frank J

    2016-10-01

    Native American tribes, as sovereign nations, are exempt from state tobacco excise taxation, and self-govern on-reservation activity in the USA. Under Federal law, state excise taxes are owed by non-members purchasing tobacco on tribal land, but states are limited in how they enforce or collect these taxes. This study highlights the various policy approaches that states have taken to regulate tobacco sales on tribal lands given jurisdictional challenges. State laws (statutes, regulations and case law), Attorney General opinions, and revenue notices and rulings effective as of 1 January 2015 for all 50 states and the District of Columbia were compiled using Boolean searches in Lexis-Nexis and Westlaw. Laws were limited to those addressing taxation compacts or tobacco sales involving tribal entities. Master Settlement Agreement laws and non-codified tribal codes/compacts were excluded. Twenty of the 34 states with tribal lands address tribal tobacco sales. Fourteen states address intergovernmental compacts: 11 are tobacco specific, and suggest or require specific provisions. Fifteen states address tribal tax stamps: 2 explicitly prohibit stamping tribally sold products, 9 stamp all products, and 4 stamp some. Prepayment of excise tax is required in 12 states: 6 on all products, 4 on products in excess of quota, and 2 on products sold by non-tribal retailers. 6 states use quotas to limit tax-free tobacco available to tribes. Many states with a tribal presence have no formal strategies for non-members purchasing tobacco on tribal lands. Formalising policies and harmonising tax rates may assist states in collecting tax revenue from non-tribal consumers. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

  6. 25 CFR 12.13 - What happens if I do not follow the rules in this part?

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ...? 12.13 Section 12.13 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Policies and Standards § 12.13 What happens if I do not follow the rules in this part? Your BIA law enforcement commission may be revoked, your law enforcement contract may be canceled...

  7. 25 CFR 12.13 - What happens if I do not follow the rules in this part?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ...? 12.13 Section 12.13 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Policies and Standards § 12.13 What happens if I do not follow the rules in this part? Your BIA law enforcement commission may be revoked, your law enforcement contract may be canceled...

  8. 25 CFR 12.13 - What happens if I do not follow the rules in this part?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ....13 Section 12.13 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Policies and Standards § 12.13 What happens if I do not follow the rules in this part? Your BIA law enforcement commission may be revoked, your law enforcement contract may be canceled...

  9. 25 CFR 12.13 - What happens if I do not follow the rules in this part?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ...? 12.13 Section 12.13 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Policies and Standards § 12.13 What happens if I do not follow the rules in this part? Your BIA law enforcement commission may be revoked, your law enforcement contract may be canceled...

  10. 25 CFR 12.13 - What happens if I do not follow the rules in this part?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ...? 12.13 Section 12.13 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Policies and Standards § 12.13 What happens if I do not follow the rules in this part? Your BIA law enforcement commission may be revoked, your law enforcement contract may be canceled...

  11. NATO’s Options for Defensive Cyber Against Non-State Actors

    DTIC Science & Technology

    2013-04-01

    services to cyber criminals and hacker patriots.”33 The FSB had maintained an unsavory relationship with hackers since the early 1990s; 9 Oleg...responsibility under international law to stop the DDOS being facilitated by botnet controllers located within its geographic borders, and prosecute the cyber ... criminals involved. “Rule 5” of the Tallinn Manual addresses the cyber responsibility of a nation-state: “A State shall not knowingly allow the

  12. Advancing technician practice: Deliberations of a regulatory board.

    PubMed

    Adams, Alex J

    2018-01-01

    In 2016, the Idaho State Board of Pharmacy (U.S.) undertook a major rulemaking initiative to advance pharmacy practice by broadening the ability of pharmacists to delegate tasks to pharmacy technicians. The new rules of the Board thus moved the locus of control in technician scope of practice from law to pharmacist delegation. Pharmacist delegation is individualistic and takes into account the individual technician's capabilities, the pharmacist's comfort level, facility policies, and the risk mitigation strategies present at the facility, among other factors. State law limits, by contrast, are rigid and can mean that pharmacists are unable to delegate tasks that are or could otherwise be within the abilities of their technicians. The expanded technician duties are in two domains: 1) medication dispensing support (e.g., tech-check-tech, accepting verbal prescriptions, transferring prescriptions, and performing remote data entry); and 2) technical support for pharmacist clinical services (e.g., administering immunizations). This commentary reviews the evidence behind these expanded duties, as well as the key regulatory decision points for each task. The Board's rules and approach may prove useful to other states and even other governing bodies outside the U.S. as they consider similar issues. Copyright © 2017 Elsevier Inc. All rights reserved.

  13. The Foreseeable Harms of Trump's Global Gag Rule.

    PubMed

    Bingenheimer, Jeffrey B; Skuster, Patty

    2017-09-01

    As one of his first acts as President of the United States, Donald Trump signed an executive order reinstating a version of the global gag rule. Under this rule, US grantees are barred from receiving global health funding if they engage in abortion-related work: not only abortion services, but also abortion referrals and counseling or advocacy for the liberalization of abortion laws. Critics of the Trump global gag rule generally raise three classes of objections: (1) that the rule fails to accomplish its presumed objective of reducing the number of abortions; (2) that it negatively affects the health and well-being of individuals and populations in affected countries; and (3) that it interferes with governments' ability to meet their international obligations. In this commentary, we examine the scientific and policy bases for these criticisms. © 2017 The Population Council, Inc.

  14. Carrying guns in public: legal and public health implications.

    PubMed

    Vernick, Jon S

    2013-03-01

    In District of Columbia v. Heller, the U.S. Supreme Court ruled that the Second Amendment protects an individual's right to own handguns in the home for protection, invalidating a Washington, D.C. law banning most handgun possession. The Heller decision, however, provided lower courts with little guidance regarding how to judge the constitutionality of gun laws other than handgun bans. Nevertheless, lower courts have upheld the vast majority of federal, state, and local gun laws challenged since Heller. One area in which some lower courts have disagreed has been the constitutionality of laws regulating the ability to carry firearms in public. This issue may be the next to be addressed by the Supreme Court under its evolving Second Amendment jurisprudence. Courts should carefully consider the negative public health and safety implications of gun carrying in public as they weigh the constitutionality of these laws. © 2013 American Society of Law, Medicine & Ethics, Inc.

  15. 12 CFR 747.13 - Change of time limits.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.13 Change of time limits. Except as otherwise provided by law, the administrative law judge may, for good cause shown, extend the time limits prescribed by the Uniform Rules or by...

  16. States to Face Uniform Rules on Grad Data: Spellings to Propose Formula; Extent of Mandates Unclear

    ERIC Educational Resources Information Center

    Hoff, David J.

    2008-01-01

    This article reports on plans by the Bush administration to set a uniform way for states to calculate and report their graduation rates, which could make it harder for high schools to avoid accountability measures under the No Child Left Behind Act. In the U.S. Department of Education's latest move to refine the implementation of the NCLB law,…

  17. Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to the garnishment of non-Federal wages to collect delinquent non-tax debts owed to the United States without first obtaining a court order.

    THOMAS, 113th Congress

    Rep. McKinley, David B. [R-WV-1

    2014-07-10

    House - 09/02/2014 Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  18. Annual Vacations and Vacation Laws: Recent Developments in the United States and Abroad. A Report Prepared for the Select Subcommittee on Labor.

    ERIC Educational Resources Information Center

    Congress of the U.S., Washington, DC. House Committee on Education and Labor.

    The paid annual vacation is now the rule rather than the exception in conditions of employment in the United States. Collective bargaining and unilateral decisions by employers have increased the length of paid annual vacations and reduced qualifying periods of employment for millions of workers. In recent years the 4-week annual vacation has…

  19. 12 CFR 747.22 - Consolidation and severance of actions.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules... the motion of any party, or on the administrative law judge's own motion, the administrative law judge... involves at least one common respondent or a material common question of law or fact, unless such...

  20. Mapping medical marijuana: state laws regulating patients, product safety, supply chains and dispensaries, 2017.

    PubMed

    Klieger, Sarah B; Gutman, Abraham; Allen, Leslie; Pacula, Rosalie Liccardo; Ibrahim, Jennifer K; Burris, Scott

    2017-12-01

    (1) To describe open source legal data sets, created for research use, that capture the key provisions of US state medical marijuana laws. The data document how state lawmakers have regulated a medicine that remains, under federal law, a Schedule I illegal drug with no legitimate medical use. (2) To demonstrate the variability that exists across states in rules governing patient access, product safety and dispensary practice. Two legal researchers collected and coded state laws governing marijuana patients, product safety and dispensaries in effect on 1 February 2017, creating three empirical legal data sets. We used summary tables to identify the variation in specific statutory provisions specified in each state's medical marijuana law as it existed on 1 February 2017. We compared aspects of these laws to the traditional Federal approach to regulating medicine. Full data sets, codebooks and protocols are available through the Prescription Drug Abuse Policy System (http://www.pdaps.org/; Archived at http://www.webcitation.org/6qv5CZNaZ on 2 June 2017). Twenty-eight states (including the District of Columbia) have authorized medical marijuana. Twenty-seven specify qualifying diseases, which differ across states. All states protect patient privacy; only 14 protect patients against discrimination. Eighteen states have mandatory product safety testing before any sale. While the majority have package/label regulations, states have a wide range of specific requirements. Most regulate dispensaries (25 states), with considerable variation in specific provisions such as permitted product supply sources number of dispensaries per state and restricting proximity to various types of location. The federal ban in the United States on marijuana has resulted in a patchwork of regulatory strategies that are not uniformly consistent with the approach usually taken by the Federal government and whose effectiveness remains unknown. © 2017 Society for the Study of Addiction.

  1. [Opinion of the Federal Constitutional Court on abortion].

    PubMed

    Rieger, H J

    1993-08-06

    The German Constitutional Court issued a ruling on May 28, 1993 (2 BvF 2/90, 2 BvF 4 and 5/92) to the effect that Paragraphs 218, Sections 1 and 219 of the pregnancy and family protection law (SFHG) of July 27, 1992, were unconstitutional. The ruling was brought at the request of the Bavarian provincial government and 249 deputies of the CDU-CSU-Faction of the German Parliament. The SFHG was intended to encompass the whole of Germany and invalidate the legal differences in the reunited parts of Germany. In the ruling there were important stipulations about the protection of human life. The newly drafted Paragraph 218, Section 1 was declared null and void, in particular because it did not consider that abortion undertaken within 12 weeks after counseling was against the law, nor did the new rules of Paragraph 219 about the content and organization of the duty to counsel. The basis of the ruling was the verdict of the Court on February 25, 1975 (BVerfGE 39, 1), which declared that it is the duty of the state to protect the unborn human life from the beginning of the pregnancy even against its mother. In order to guarantee the minimum requirements of protection of unborn human life by the state, the Senate replaced the nullified sections of the SFHG by a provisional regulation to be effective as of June 16, 1993, when Article 16 of the SFHG also became effective, which cancelled the term regulation valid in the new federal provinces until then. The provisional regulation stated that abortion would not be punished when performed by a doctor within 12 weeks of gestation, the pregnant woman requested it, and proved to the doctor by an affidavit that at least 3 days before the procedure she had been counseled by an authorized counseling facility. Criminal, medical, and embryopathic cases would be covered by insurance, and those without insurance could apply for social assistance to pay the costs.

  2. Timing Interactions in Social Simulations: The Voter Model

    NASA Astrophysics Data System (ADS)

    Fernández-Gracia, Juan; Eguíluz, Víctor M.; Miguel, Maxi San

    The recent availability of huge high resolution datasets on human activities has revealed the heavy-tailed nature of the interevent time distributions. In social simulations of interacting agents the standard approach has been to use Poisson processes to update the state of the agents, which gives rise to very homogeneous activity patterns with a well defined characteristic interevent time. As a paradigmatic opinion model we investigate the voter model and review the standard update rules and propose two new update rules which are able to account for heterogeneous activity patterns. For the new update rules each node gets updated with a probability that depends on the time since the last event of the node, where an event can be an update attempt (exogenous update) or a change of state (endogenous update). We find that both update rules can give rise to power law interevent time distributions, although the endogenous one more robustly. Apart from that for the exogenous update rule and the standard update rules the voter model does not reach consensus in the infinite size limit, while for the endogenous update there exist a coarsening process that drives the system toward consensus configurations.

  3. [Laws relevant to international missions of health cooperation].

    PubMed

    Scaroni, E; Riccardo, F; De Rosa, A G; Russo, G; Pacini, A; Nardi, L; Pacifici, L E

    2007-01-01

    Both medical doctors and humanitarian operators engaged in health relief or development missions abroad, are called to respect the general principles of international law, that is to say, customary law that is legally compulsory for the International Community and rules deriving from Treaties and International Conventions. Humanitarian operators have to observe also the rules and regulations of the hosting country. They have to respect all rules applying to their humanitarian action and they have to take responsibility towards beneficiaries and donors alike.

  4. Medical and scientific authorship: A conflict between discipline rules and the law.

    PubMed

    Adeney, Elizabeth

    2015-12-01

    When the results of medical collaborations are to be published, questions of authorship arise. Which members of the research team are to be acknowledged as authors of the paper? In what order are they to be acknowledged? Institutional rules will generally determine the attribution of authorship to members of the research team. However, those rules are most unlikely to be consistent with the legal rules governing authorship and its attribution, most of which will apply regardless of a team's adherence to institutional rules. This article examines the meaning of authorship in the medical community, and in the legal community under the copyright laws. It considers various formulations of the institutional rules governing authorship, as well as editorial practices. Through consideration of a hypothetical scenario, the consequences of the disparity between authorship norms in law and in medicine are elaborated.

  5. What role for law in achieving transboundary drainage basin security?--the development and testing of the Legal Assessment Model (LAM) for transboundary watercourse states.

    PubMed

    Wouters, P K

    2004-01-01

    The beneficial use of the world's transboundary waters raises difficult issues for drainage basin security on most parts of the globe. International law provides that each transboundary watercourse State is entitled to, and obliged to ensure, an "equitable and reasonable use" of these shared waters. The IWLRI developed and tested a Legal Assessment Model (LAM) through the work of interdisciplinary teams working in three different transboundary situations--China (upstream), Mozambique (downstream) and Palestine (shared groundwater). The LAM provides a tool for transboundary watercourse States to use in the preparation of their national water strategy for use at the national and international levels. The model should now be tested at the basin level, with a view to assisting to accomplish the peaceful and rational use of transboundary waters in line with the governing rule of international law and thereby to facilitate the overall policy objective of drainage basin security.

  6. The slayer statute and insanity.

    PubMed

    Piel, Jennifer; Leong, Gregory B

    2010-01-01

    It is common law that persons cannot benefit from their crimes. For this reason, most states have enacted slayer rules that prevent a killer from sharing in the victim's estate. However, terms in the slayer rules, such as willful and unlawful, can be difficult to apply, as illustrated by the situation in which a slayer is found not guilty by reason of insanity. The Washington Supreme Court has recently addressed whether a man who killed his mother and was then found not guilty by reason of insanity in criminal court can inherit a portion of his mother's estate.

  7. Home - House Budget Committee

    Science.gov Websites

    Initiatives Hearings Full Menu About Toggle Links Members History Staff Rules & Budget Law News Toggle Staff Rules & Budget Law News Press Releases Budget Digests HBC Publications Op-Eds Speeches &

  8. Reducing Class Size in New York City: Promise vs. Practice

    ERIC Educational Resources Information Center

    Farrie, Danielle; Johnson, Monete; Lecker, Wendy; Luhm, Theresa

    2016-01-01

    In the landmark school funding litigation, "Campaign for Fiscal Equity v. State" ("CFE"), the highest Court in New York recognized that reasonable class sizes are an essential element of a constitutional "sound basic education." In response to the rulings in the case, in 2007, the Legislature adopted a law mandating…

  9. 20 CFR 703.304 - Filing of Agreement and Undertaking; deposit of security.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... REGULATIONS Authorization of Self-Insurers § 703.304 Filing of Agreement and Undertaking; deposit of security...) granting its application to self-insure and fixing the required security deposit amount (see § 703.303... laws of the United States and the rules and regulations governing bonding companies may act as sureties...

  10. 29 CFR 825.120 - Leave for pregnancy or birth.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 3 2012-07-01 2012-07-01 false Leave for pregnancy or birth. 825.120 Section 825.120 Labor... pregnancy or birth. (a) General rules. Eligible employees are entitled to FMLA leave for pregnancy or birth... condition. Note, too, that many State pregnancy disability laws specify a period of disability either before...

  11. 29 CFR 825.120 - Leave for pregnancy or birth.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 3 2013-07-01 2013-07-01 false Leave for pregnancy or birth. 825.120 Section 825.120 Labor... pregnancy or birth. (a) General rules. Eligible employees are entitled to FMLA leave for pregnancy or birth..., that many State pregnancy disability laws specify a period of disability either before or after the...

  12. 29 CFR 825.120 - Leave for pregnancy or birth.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 3 2014-07-01 2014-07-01 false Leave for pregnancy or birth. 825.120 Section 825.120 Labor... pregnancy or birth. (a) General rules. Eligible employees are entitled to FMLA leave for pregnancy or birth..., that many State pregnancy disability laws specify a period of disability either before or after the...

  13. Extended School Year (ESY) Services: Iowa Standards for Students with Disabilities.

    ERIC Educational Resources Information Center

    Iowa State Dept. of Education, Des Moines. Bureau of Children, Family and Community Services.

    This publication is intended to ensure that consideration for and provision of extended school year services (ESY services) for students with disabilities are consistent with the requirements of federal law, Iowa state rules, and Iowa's adopted educational standards. Part 1 of the document discusses the specific addition of ESY services to the…

  14. 26 CFR 54.9801-4 - Rules relating to creditable coverage.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Health Benefits Program). (ix) A public health plan. For purposes of this section, a public health plan... individuals who are enrolled in the plan. (x) A health benefit plan under section 5(e) of the Peace Corps Act... plan provides benefits through an insurance policy that, as required by applicable State insurance laws...

  15. Wyoming's "Education Reform & Cost Study."

    ERIC Educational Resources Information Center

    Meyer, Joseph B.

    A history of education in the state of Wyoming, along with a description of recent legislative initiatives, are presented in this paper. It opens with statewide reorganizations begun in the 1960s that unified school districts and equalized property valuation. A decade later a court order ruled the system inequitable and new laws provided for a…

  16. China’s Arrival: A Strategic Framework for a Global Relationship

    DTIC Science & Technology

    2009-09-01

    in areas like tourism , even as it broadly strengthens diplomatic and economic ties with many of these small and seemingly obscure island nations...agenda — because they are in the process of defining, as does the United States, good gover - nance and rule of law within countries as sources of

  17. 33 CFR 118.5 - Penalty for failure to maintain.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... States who fails or refuses to maintain such lights and other signals, or to obey any of the lawful rules... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Penalty for failure to maintain. 118.5 Section 118.5 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY...

  18. Children's Rights: Countering the Opposition.

    ERIC Educational Resources Information Center

    Starr, R. H., Jr.; And Others

    The problems of enacting and implementing child advocacy laws at State and Federal levels are presented along with two cases which illustrate these problems and point to the advocacy role that psychologists can perform. The first case deals with the use of corporal punishment in family day care homes in Michigan. In 1974, rules against corporal…

  19. Building Teacher Quality in Baltimore City Public Schools

    ERIC Educational Resources Information Center

    National Council on Teacher Quality, 2010

    2010-01-01

    At the request of the Education Reform Project of the American Civil Liberties Union of Maryland, the National Council on Teacher Quality undertook an analysis of the teacher policies in the Baltimore City Public Schools. Its analysis looks at the teachers' contract, school board rules and state laws. It also collected personnel data from the…

  20. 29 CFR 553.221 - Compensable hours of work.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES OF STATE AND LOCAL GOVERNMENTS Fire Protection and Law...) exemption is claimed. Also, special rules for meal time apply in the case of employees in fire protection... during which an employee is on duty on the employer's premises or at a prescribed workplace, as well as...

  1. 29 CFR 553.221 - Compensable hours of work.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES OF STATE AND LOCAL GOVERNMENTS Fire Protection and Law...) exemption is claimed. Also, special rules for meal time apply in the case of employees in fire protection... during which an employee is on duty on the employer's premises or at a prescribed workplace, as well as...

  2. 29 CFR 553.221 - Compensable hours of work.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES OF STATE AND LOCAL GOVERNMENTS Fire Protection and Law...) exemption is claimed. Also, special rules for meal time apply in the case of employees in fire protection... during which an employee is on duty on the employer's premises or at a prescribed workplace, as well as...

  3. 38 CFR Appendix A to Part 20 - Cross-References

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... student, or paralegal is to participate in a hearing held before a traveling Section of the Board. 20.709..., and mailing address of the Board. 38 CFR 20.606 Rule 606. Legal interns, law students and paralegals... Rule 604. Representation by agents. 38 CFR 20.606 Rule 606. Legal interns, law students and paralegals...

  4. 12 CFR 263.13 - Change of time limits.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... RULES OF PRACTICE FOR HEARINGS Uniform Rules of Practice and Procedure § 263.13 Change of time limits. Except as otherwise provided by law, the administrative law judge may, for good cause shown, extend the time limits prescribed by the Uniform Rules or by any notice or order issued in the proceedings. After...

  5. 76 FR 44645 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-07-26

    ... Change To Amend FINRA Rule 9251 to Explicitly Protect From Discovery Those Documents That Federal Law... to amend FINRA Rule 9251 to explicitly protect from discovery those documents that federal law... produce to respondents during the discovery phase of a disciplinary proceeding. The rule also explicitly...

  6. 25 CFR 11.504 - Applicable rules of evidence.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Applicable rules of evidence. 11.504 Section 11.504 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.504 Applicable rules of evidence. Courts of Indian Offenses...

  7. 25 CFR 11.504 - Applicable rules of evidence.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 25 Indians 1 2012-04-01 2011-04-01 true Applicable rules of evidence. 11.504 Section 11.504 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.504 Applicable rules of evidence. Courts of Indian Offenses...

  8. 25 CFR 11.504 - Applicable rules of evidence.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 25 Indians 1 2013-04-01 2013-04-01 false Applicable rules of evidence. 11.504 Section 11.504 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.504 Applicable rules of evidence. Courts of Indian Offenses...

  9. 25 CFR 11.504 - Applicable rules of evidence.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false Applicable rules of evidence. 11.504 Section 11.504 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.504 Applicable rules of evidence. Courts of Indian Offenses...

  10. 25 CFR 11.504 - Applicable rules of evidence.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false Applicable rules of evidence. 11.504 Section 11.504 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.504 Applicable rules of evidence. Courts of Indian Offenses...

  11. Effects of dram shop liability and enhanced overservice law enforcement initiatives on excessive alcohol consumption and related harms: Two community guide systematic reviews.

    PubMed

    Rammohan, Veda; Hahn, Robert A; Elder, Randy; Brewer, Robert; Fielding, Jonathan; Naimi, Timothy S; Toomey, Traci L; Chattopadhyay, Sajal K; Zometa, Carlos

    2011-09-01

    Dram shop liability holds the owner or server(s) at a bar, restaurant, or other location where a patron, adult or underage, consumed his or her last alcoholic beverage responsible for harms subsequently inflicted by the patron on others. Liability in a state can be established by case law or statute. Overservice laws prohibit the sale of alcoholic beverages to intoxicated patrons drinking in on-premises retail alcohol outlets (i.e., premises where the alcohol is consumed where purchased); enhanced enforcement of these laws is intended to ensure compliance by premises personnel. Both of these interventions are ultimately designed to promote responsible beverage service by reducing sales to intoxicated patrons, underage youth, or both. This review assesses the effectiveness of dram shop liability and the enhanced enforcement of overservice laws for preventing excessive alcohol consumption and related harms. Studies assessing alcohol-related harms in states adopting dram shop laws were evaluated, as were studies assessing alcohol-related harms in regions with enhanced overservice enforcement. Methods previously developed for systematic reviews for the Guide to Community Preventive Services were used. Eleven studies assessed the association of state dram shop liability with various outcomes, including all-cause motor vehicle crash deaths, alcohol-related motor vehicle crash deaths (the most common outcome assessed in the studies reviewed), alcohol consumption, and other alcohol-related harms. There was a median reduction of 6.4% (range of values 3.7% to 11.3% reduction) in alcohol-related motor vehicle fatalities associated with the presence of dram shop liability in jurisdictions where premises are licensed. Other alcohol-related outcomes also showed a reduction. Only two studies assessed the effects of enhanced enforcement initiatives on alcohol-related outcomes; findings were inconsistent, some indicating benefit and others none. According to Community Guide rules of evidence, the number and consistency of findings indicate strong evidence of the effectiveness of dram shop laws in reducing alcohol-related harms. It will be important to assess the possible effects of legal modifications to dram shop proceedings, such as the imposition of statutes of limitation, increased evidentiary requirements, and caps on recoverable amounts. According to Community Guide rules of evidence, evidence is insufficient to determine the effectiveness of enhanced enforcement of overservice laws for preventing excessive alcohol consumption and related harms. Published by Elsevier Inc.

  12. New York City's fight over calorie labeling.

    PubMed

    Farley, Thomas A; Caffarelli, Anna; Bassett, Mary T; Silver, Lynn; Frieden, Thomas R

    2009-01-01

    In 2006, New York City's Health Department amended the city Health Code to require the posting of calorie counts by chain restaurants on menus, menu boards, and item tags. This was one element of the city's response to rising obesity rates. Drafting the rule involved many decisions that affected its impact and its legal viability. The restaurant industry argued against the rule and twice sued to prevent its implementation. An initial version of the rule was found to be preempted by federal law, but a revised version was implemented in January 2008. The experience shows that state and local health departments can use their existing authority over restaurants to combat obesity and, indirectly, chronic diseases.

  13. Federal tax-exemption requirements for joint ventures between nonprofit hospital providers and for-profit entities: form over substance?

    PubMed

    Young, Gary J

    2004-01-01

    This article discusses the IRS rule on hospital joint ventures and related legal developments. The central thesis is that the IRS's emphasis on operational control is misplaced from both a legal and a policy perspective, and reflects a decidedly strong preference for the form of a joint venture's governance over the substance of its charitable and community service activities. More specifically, the article challenges the IRS position that the rule is a corollary of existing tax law principles. Additionally, social science research is presented to demonstrate that the rule is not likely to promote, and may in fact undermine, United States health policy objectives.

  14. Experimental validation of thermodynamic mixture rules at extreme pressures and densities

    NASA Astrophysics Data System (ADS)

    Bradley, P. A.; Loomis, E. N.; Merritt, E. C.; Guzik, J. A.; Denne, P. H.; Clark, T. T.

    2018-01-01

    Accurate modeling of a mixed material Equation of State (EOS) at high pressures (˜1 to 100 Mbar) is critical for simulating inertial confinement fusion and high energy density systems. This paper presents a comparison of two mixing rule models to the experiment to assess their applicability in this regime. The shock velocities of polystyrene, aluminum, and nickel aluminide (NiAl) were measured at a shock pressure of ˜3 TPa (˜30 Mbar) on the Omega EP laser facility (Laboratory for Laser Energetics, University of Rochester, New York). The resultant shock velocities were compared to those derived from the RAGE (Eulerian) hydrodynamics code to validate various mixing rules used to construct an EOS for NiAl. The simulated shock transit time through the sample (Al or NiAl) matched the measurements to within the ±45ps measurement uncertainty. The law of partial volume (Amagat) and the law of partial pressure (Dalton) mixture rules provided equally good matches to the NiAl shock data. Other studies showed that the Amagat mixing rule is superior, and we recommend it since our results also show a satisfactory match. The comparable quality of the simulation to data for the Al and NiAl samples implies that a mixture rule can supply an EOS for plasma mixtures with adequate fidelity for simulations where mixing takes place, such as advective mix in an Eulerian code or when two materials are mixed together via diffusion, turbulence, or other physical processes.

  15. Experimental validation of thermodynamic mixture rules at extreme pressures and densities

    DOE PAGES

    Bradley, Paul Andrew; Loomis, Eric Nicholas; Merritt, Elizabeth Catherine; ...

    2018-01-19

    Accurate modeling of a mixed material Equation of State (EOS) at high pressures (~1 to 100 Mbar) is critical for simulating inertial confinement fusion and high energy density systems. Here, this paper presents a comparison of two mixing rule models to the experiment to assess their applicability in this regime. The shock velocities of polystyrene, aluminum, and nickel aluminide (NiAl) were measured at a shock pressure of ~3 TPa (~30 Mbar) on the Omega EP laser facility (Laboratory for Laser Energetics, University of Rochester, New York). The resultant shock velocities were compared to those derived from the RAGE (Eulerian) hydrodynamicsmore » code to validate various mixing rules used to construct an EOS for NiAl. The simulated shock transit time through the sample (Al or NiAl) matched the measurements to within the ±45ps measurement uncertainty. The law of partial volume (Amagat) and the law of partial pressure (Dalton) mixture rules provided equally good matches to the NiAl shock data. Other studies showed that the Amagat mixing rule is superior, and we recommend it since our results also show a satisfactory match. In conclusion, the comparable quality of the simulation to data for the Al and NiAl samples implies that a mixture rule can supply an EOS for plasma mixtures with adequate fidelity for simulations where mixing takes place, such as advective mix in an Eulerian code or when two materials are mixed together via diffusion, turbulence, or other physical processes.« less

  16. Religious Support in the Homeland: The Establishment Clause in Perspective

    DTIC Science & Technology

    2007-03-31

    authorized state subsides to church-sponsored schools for 10 instruction in non-religious subjects. In Lemon v . Kurtzman , the Court ruled that...both state laws were violations of the First Amendment’s Establishment Clause.49 In Lemon v . Kurtzman , the Court put in place a tripartite test to...Justice Burger, referring to Lemon v . Kurtzman , writes: The Court has recognized that total separation is not possible in an absolute sense. Some

  17. IRS proposed "physician recruitment" revenue ruling offers few kernels in search for.

    PubMed

    Reaves, C F

    1995-07-01

    Not to sound corny, but things have really been popping since the Internal Revenue Service (IRS) recently released a proposed revenue ruling regarding the scope of recruitment incentives that may be offered to nonemployee physician members of tax-exempt hospital medical staffs. Commentators have criticized the proposed revenue ruling, however, because it offers little in the way of guidance in all but the most obvious cases of recruitment violations. Nonetheless, the proposed ruling may provide insight that may assist hospitals to prepare permissible recruitment incentives for physicians. The IRS provided a public comment period within which individuals and groups could submit proposals to improve or revise the proposed ruling. However, with or without such comments, clarification of the ruling is called for. "Health Law" is a regular feature of Physician Executive from the Washington, D.C., law firm Epstein Becker & Green. Mark Lutes of the law firm serves as editor of the column.

  18. Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and the National Instant Criminal Background Check System (NICS). Final rule.

    PubMed

    2016-01-06

    The Department of Health and Human Services (HHS or "the Department'') is issuing this final rule to modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to expressly permit certain HIPAA covered entities to disclose to the National Instant Criminal Background Check System (NICS) the identities of individuals who are subject to a Federal "mental health prohibitor'' that disqualifies them from shipping, transporting, possessing, or receiving a firearm. The NICS is a national system maintained by the Federal Bureau of Investigation (FBI) to conduct background checks on persons who may be disqualified from receiving firearms based on Federally prohibited categories or State law. Among the persons subject to the Federal mental health prohibitor established under the Gun Control Act of 1968 and implementing regulations issued by the Department of Justice (DOJ) are individuals who have been involuntarily committed to a mental institution; found incompetent to stand trial or not guilty by reason of insanity; or otherwise have been determined by a court, board, commission, or other lawful authority to be a danger to themselves or others or to lack the mental capacity to contract or manage their own affairs, as a result of marked subnormal intelligence or mental illness, incompetency, condition, or disease. Under this final rule, only covered entities with lawful authority to make the adjudications or commitment decisions that make individuals subject to the Federal mental health prohibitor, or that serve as repositories of information for NICS reporting purposes, are permitted to disclose the information needed for these purposes. The disclosure is restricted to limited demographic and certain other information needed for NICS purposes. The rule specifically prohibits the disclosure of diagnostic or clinical information, from medical records or other sources, and any mental health information beyond the indication that the individual is subject to the Federal mental health prohibitor.

  19. 22 CFR 5.4 - Substantive rules of general applicability adopted as authorized by law, and statements of...

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... adopted as authorized by law, and statements of general policy or interpretation of general applicability... ORGANIZATION § 5.4 Substantive rules of general applicability adopted as authorized by law, and statements of... CFR parts 41-42 et seq. (7) Nationality and Passports. 22 CFR part 50 et seq. (8) International...

  20. 22 CFR 5.4 - Substantive rules of general applicability adopted as authorized by law, and statements of...

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... adopted as authorized by law, and statements of general policy or interpretation of general applicability... ORGANIZATION § 5.4 Substantive rules of general applicability adopted as authorized by law, and statements of... CFR parts 41-42 et seq. (7) Nationality and Passports. 22 CFR part 50 et seq. (8) International...

  1. 22 CFR 5.4 - Substantive rules of general applicability adopted as authorized by law, and statements of...

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... adopted as authorized by law, and statements of general policy or interpretation of general applicability... ORGANIZATION § 5.4 Substantive rules of general applicability adopted as authorized by law, and statements of... CFR parts 41-42 et seq. (7) Nationality and Passports. 22 CFR part 50 et seq. (8) International...

  2. 22 CFR 5.4 - Substantive rules of general applicability adopted as authorized by law, and statements of...

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... adopted as authorized by law, and statements of general policy or interpretation of general applicability... ORGANIZATION § 5.4 Substantive rules of general applicability adopted as authorized by law, and statements of... CFR parts 41-42 et seq. (7) Nationality and Passports. 22 CFR part 50 et seq. (8) International...

  3. Judge Rules MIT Violated Antitrust Law as Member of 23-College "Overlap Group."

    ERIC Educational Resources Information Center

    Jaschik, Scott

    1992-01-01

    A federal judge has ruled that 23 prestigious colleges and universities in the Overlap Group violated federal antitrust laws for over 20 years when they met to compare financial-aid packages to be awarded to prospective students, rejecting arguments of social and educational need and nonapplicability of antitrust law. Massachusetts Institute of…

  4. Sport-related concussions in adolescent athletes: a critical public health problem for which prevention remains an elusive goal

    PubMed Central

    Fidrocki, Diana; Parachuri, Venu

    2017-01-01

    Sport-related concussions in young athletes are common, generally under reported and often unrecognized. Preventive strategies include education, modification of sport rules, use of equipment such as headgears, face masks and mouth guards, and neck muscle training. Evidence is limited to support effectiveness of these preventive measures with the exception of rule modification in some sports. In the United States, laws have been enacted that require medical evaluation and clearance prior to return to play; however, evidence thus far does not show that laws have been effective in reducing the incidence of concussions in sport. More research is needed in all areas of preventive measures. Sports participation is a complex personal decision on the part of the adolescent and his or her family. They should be provided with all information on inherent risks so that they can make an informed decision. PMID:28795000

  5. Baseball Bats and Chocolate Chip Cookies: The Judicial Treatment of DNA in the Myriad Genetics Litigation

    PubMed Central

    Binnie, Ian; Park-Thompson, Vanessa

    2015-01-01

    In June 2013, the U.S. Supreme Court rendered a controversial ruling that naturally occurring DNA segments are “products of nature” and therefore not patentable subject matter. At this intersection between science and law, in litigation of crucial importance to patients, science, and multibillion-dollar biotech enterprises, the appellate judges sidestepped genetics and engaged in a war of metaphors from diamonds to chocolate chip cookies. This case is not an outlier. Apprehensive judges and juries in both Canada and the United States find many convenient excuses to avoid coming to grips with the underlying science in patent cases. But this is simply not acceptable. Legal rulings must be, and must seem to be, well grounded, as a matter of both law and science. The legitimacy of court decisions in the eyes of the stakeholders and the broader public depends on it. PMID:25524722

  6. [A commentary on the Ruling of the Tribuna Constitucional 212/1996 of 19 December 1996 (I)].

    PubMed

    González Morán, L

    1998-01-01

    This article is a commentary on Spain's Constitutional Court's ruling of 19 December 1996 (STC 212/1996), on the challenge (596/89) on grounds of alleged unconstitutionality made against Law 42/1988, 28 December, which regulates the donation of human embryos and foetuses or the cells, tissues and organs therefrom. The article is structured as follows: it opens with a summary of Law 42/1988, since this is felt necessary to understand the subsequent challenge made on grounds of alleged unconstitutionality. We then provide specific details of the challenge and the resulting ruling, before concluding with some critical remarks on the aforementioned Law and ruling.

  7. [Status of law-making on animal welfare].

    PubMed

    Polten, B

    2007-03-01

    Since the last report there have been major revisions of laws and ordinances. Deliberations on rules of Community law were also continued. On national level, the Act on the Shoeing of Horses amending the Animal Welfare Act and amendments of animal welfare provisions as well as the Deregulation Act were prepared, some of which have meanwhile entered into force. At legislative level, the work on the ratification laws for the Council of Europe conventions (Strasbourg) was concluded in order to enable Germany to adopt the revisions. They include (1) the European Convention for the protection of animals used for experimental purposes and (2) the European Convention for the protection of animals during international transport. At the level of ordinances, the amendment and extension of the Animal Welfare -Farm Animal Husbandry Ordinance are of vital importance for the sections on pig farming and laying hen husbandry. Another section refers to the husbandry of fur animals, on which an ordinance has been submitted to the Bundesrat (German upper house of Parliament). Deliberations on this issue have been adjourned. Drafts of a circus register were prepared to amend the Animal Welfare Act and to adopt a separate ordinance, and they are being discussed with the federal states and associations. Previously,the rules of Community law in the area of animal welfare were adopted as EC directives which the member states had to transfer in national law. This was done by incorporating them into national laws or ordinances, with non-compliance having to be sanctioned. It is the member states' responsibility to establish sanctions. Yet the Commission has introduced a directly operative animal welfare legislation by adopting EC Regulation 1/2005 on the protection of animals during transport. This means that a national implementation is not required. Nevertheless, the establishment of sanctions continues to be the responsibility of the member states. A special authorisation by the legislator is required to be able to impose sanctions based on directly applicable EC law. This is done via the already mentioned Act on the Shoeing of Horses and amendment. To establish sanctions for this Community legislation, a "Sanctions Ordinance" is currently being discussed by the different departments. This way, a link between directly applicable Community legislation and national sanctions is established. At EC level there are currently discussed (1) the "Animal Welfare Action Plan", (2) a draft directive laying down minimum rules for the protection of chickens kept for meat production and (3) preparations for a revision of the directive on the protection of animals used for experimental purposes have become known due to the preparation of a related impact assessment. At the level of international law, the Council of Europe has concluded its work on Annex A of the convention for the protection of animals used for experimental purposes. With regard to the European Convention for the protection of animals kept for farming purposes, the deliberations on fish and fattening rabbits are being continued. There is a discussion on the technical details of the Transport Convention. Since the first animal welfare conference of the International Office of epizootics (OlE) in February 2004 in Paris, two very comprehensive codes on slaughter of animals and on animal transport were adopted. The inclusion of further animal welfare issues into the OIE work programme will be discussed in the next future.

  8. 78 FR 37572 - Proposed Amendments to Class Prohibited Transaction Exemptions To Remove Credit Ratings Pursuant...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-06-21

    ... Department, which are designed ``[t]o reduce the reliance on ratings.'' \\3\\ \\2\\ See Public Law 111-203, 124... institutional investors and financial regulators.'' \\4\\ Because credit rating agencies perform evaluative and... market value. In the Investment Company Final Rule, the SEC stated that this standard is designed to...

  9. Managing Fair Use on Campus: The Online Academic Administrator's Dilemma

    ERIC Educational Resources Information Center

    Wiggins, Michael R.

    2011-01-01

    University administrators who have distance learning programs under their charge are on the horns of a dilemma. Given the growing litigiousness of copyright holders and the unsettled state of the law, it has become very difficult to establish failsafe administrative rules to guide faculty and student use of copyrighted materials. But the use of…

  10. 78 FR 36284 - Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice of Filing and Immediate...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-06-17

    ... the location of any CBOE Workstation \\4\\ is in, the United States or a foreign jurisdiction expressly... organized under the laws of, or with a CBOE Workstation in, a foreign jurisdiction. \\4\\ CFE Rule 116 provides that the term ``CBOE Workstation'' means any computer connected directly to the CBOE System...

  11. 26 CFR 1.6851-2 - Certificates of compliance with income tax laws by departing aliens.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... by departing aliens. 1.6851-2 Section 1.6851-2 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT... departing aliens. (a) In general—(1) Requirement. The rules of this section are applicable, except as otherwise expressly provided, to any alien who departs from the United States or any of its possessions...

  12. 26 CFR 1.6851-2 - Certificates of compliance with income tax laws by departing aliens.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... by departing aliens. 1.6851-2 Section 1.6851-2 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT... departing aliens. (a) In general—(1) Requirement. The rules of this section are applicable, except as otherwise expressly provided, to any alien who departs from the United States or any of its possessions...

  13. Legal Portion in Russian Inheritance Law

    ERIC Educational Resources Information Center

    Inshina, Roza; Murzalimova, Lyudmila

    2013-01-01

    In this paper the authors describe the right to inherit as one of the basic human rights guaranteed by the Constitution of the Russian Federation. The state has set rules according to which after a person's death, his or her property is inherited by other persons. The Russian civil legislation establishes the institution of legal portions that is…

  14. 76 FR 64969 - Notice of Final Supplementary Rules Concerning Fireworks on Public Land in Colorado

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-10-19

    .... ADDRESSES: You may send inquiries by mail to the Office of Law Enforcement, BLM Colorado State Office, 2850... above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: I... fountains, total pyrotechnic composition not to exceed 75 grams each for a single tube or, when more than...

  15. 18 CFR 385.2014 - Petitions for appeal or review of Federal authorizations (Rule 2014).

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... law with respect to a natural gas project for which an application has been filed for authorization under section 3 of the Natural Gas Act for a certificate of public convenience and necessity under section 7 of the Natural Gas Act, the Federal agency or officer, or State agency or officer acting...

  16. 9 CFR 205.202 - “Effective financing statement” or EFS.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... under subsection (c)(4) need not be the same as a financing statement or security agreement under the... separate document meeting the definition in (c)(4). Note that (c)(4) contains a comprehensive definition of... 1, September 13, 1985, at page 110: “[T]he bill would not preempt basic state-law rules on the...

  17. 9 CFR 205.202 - “Effective financing statement” or EFS.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... under subsection (c)(4) need not be the same as a financing statement or security agreement under the... separate document meeting the definition in (c)(4). Note that (c)(4) contains a comprehensive definition of... 1, September 13, 1985, at page 110: “[T]he bill would not preempt basic state-law rules on the...

  18. 9 CFR 205.202 - “Effective financing statement” or EFS.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... under subsection (c)(4) need not be the same as a financing statement or security agreement under the... separate document meeting the definition in (c)(4). Note that (c)(4) contains a comprehensive definition of... 1, September 13, 1985, at page 110: “[T]he bill would not preempt basic state-law rules on the...

  19. Litigation and Students with Disabilities: An Overview of Cases From 2015

    ERIC Educational Resources Information Center

    Katsiyannis, Antonis; Counts, Jennifer; Popham, Michelle; Ryan, Joseph; Butzer, Madeline

    2016-01-01

    Special education is the most highly litigated area within the field of education. Therefore, the purpose of the current article is to highlight cases (court decisions, Office of Civil Rights rulings, and State Educational Agency hearings) involving students with disabilities in 2015. Highlights from the case law point to the need for school…

  20. Changing Ideological-Political Orientations in Chinese Moral Education: Some Personal and Professional Reflections

    ERIC Educational Resources Information Center

    Maosen, Li

    2011-01-01

    Moral education in the People's Republic of China is dominated by ideological-political orientations. However, in the last 30 years China has experienced extensive economic reform, bringing about many social changes, such as decreasing reliance on the state-owned workplace, increasing private property ownership and enhancement of the rule of law.…

  1. 48 CFR 6101.26 - Reconsideration; amendment of decisions; new hearings [Rule 26].

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... in 6101.27(a) (Rule 27(a)) and the reasons established by the rules of common law or equity... for granting a new hearing. Upon granting a motion for a new hearing, the Board will take additional testimony and, if a decision has been issued, either amend its findings of fact and conclusions or law or...

  2. 77 FR 72141 - Rules of Practice and Procedure for Hearings Before the Office of Administrative Law Judges

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-04

    ...The Department of Labor proposes to revise and reorganize the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges, from our regulations, which provide procedural guidance to administrative law judges, claimants, employers, and Department of Labor representatives seeking to resolve disputes under a variety of employment and labor laws. The Office of Administrative Law Judges promulgated these regulations in 1983. The regulations were modeled on the Federal Rules of Civil Procedure (FRCP) and have proved extraordinarily helpful in providing litigants with familiar rules governing hearing procedure. Since 1983, the FRCP have been amended many times. Moreover, in 2007 the FRCP were given a complete revision to improve style and clarity. The nature of litigation has also changed in the past 28 years, particularly in the areas of discovery and electronic records. Thus, OALJ has revised its regulations to make the rules more accessible and useful to parties, and to harmonize administrative hearing procedures with the current FRCP. The goal in amending the regulations is to provide clarity through the use of consistent terminology, structure and formatting so that parties have clear direction when pursuing or defending against a claim. In addition to revising the regulations to conform to modern legal procedure, the rules need to be modified to reflect the types of claims now heard by OALJ. When the rules were promulgated in 1983, OALJ primarily adjudicated occupational disease and injury cases. Presently, and looking ahead to the future, OALJ is and will be increasingly tasked with hearing whistleblower and other workplace retaliation claims, in addition to the occupational disease and injury cases. These types of cases require more structured management and oversight by the presiding administrative law judge and more sophisticated motions and discovery procedures than the current regulations provide. In order to best manage the complexities of whistleblower and discrimination claims, OALJ needs to update its rules to address the procedural questions that arise in these cases.

  3. 78 FR 28267 - Self-Regulatory Organizations; The Options Clearing Corporation; Order Approving Proposed Rule...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-05-14

    ... By-Laws To Facilitate the Use of the Stock Loan/Hedge Program by Canadian Clearing Members May 8...-Laws to define a Canadian Clearing Member approved to participate in the Stock Loan/Hedge Program as a... rule change is to add provisions to the By-Laws governing the OCC's Stock Loan/Hedge Program to...

  4. Developing Educationists as Globally Competent Education Law Researchers for International Interdisciplinary Research: A South African Perspective

    ERIC Educational Resources Information Center

    Beckmann, Johan; Prinsloo, Justus

    2015-01-01

    This article discusses the role of the hybrid field of law education and its status in South Africa. The authors suggest that, in their consideration of education law, it should be understood as the particular collection of legal rules that regulate all activities and relationships in education. These legal rules as applied in education are…

  5. Contracts in the Classroom--Providing Undergraduate Business Students with Important "Real Life" Skills

    ERIC Educational Resources Information Center

    Denbo, Susan M.

    2005-01-01

    Many business law educators have recognized the importance of teaching students not only the rules of contract law, but the process of implementing these rules in the "real world" of business. This article discusses a contract negotiation exercise that enables students to apply the black letter law of contracts while at the same time honing their…

  6. Of Codes and Crowns: The Development of Law. [Student's Book] Law-in-Social Studies Series.

    ERIC Educational Resources Information Center

    Suter, Coral; Croddy, Marshall

    Intended to supplement secondary level world history courses, this booklet will help students understand the history of and need for rules and laws. There are five units. In the first unit, students examine evidence from anthropology and archaeology which show how rules developed in prehistoric cultures. The second unit deals with the Code of…

  7. Searching the Future for the Legal Regime of Space Activities: the Need for Unification of National Space Legislation' Provisions

    NASA Astrophysics Data System (ADS)

    Negoda, S. A.

    2002-01-01

    space activities. For the future legal regime of space activities it is vital to preserve the existed principles and main provisions of the international space law. related legislations are developing rapidly. They become serious instrument for legal regulation of space activities. those projects with a foreign party involvement. Quite often partners in international space projects agree to choice a domestic law of one of them. They do this for defining a certain organizational and/or contractual issue (disputes settlement, for example) of the project. that such practice will spread widely. could help to preserve the existed important provisions of international space law (responsibility of states for their national activities, for instance). development of international space private law. We believe that solely special laws and regulations of national legislations could not regulate modern space activities. Being more and more commercial, space activities are becoming a real part of "downed to Earth" commercial activities. Therefore, in many countries provisions of civil, commercial, investment and other branches of national law are applied to such activities. which could low possible risks of such activities and to control them. Such unification seems to be suitable in the following fields: 1)implementation of provisions of international space law in national space laws; 2)definition of unified terminology, accepted by national laws of all parties; 3)unification in national legislations of a certain standards (insurance rates and rules, for instance); 4)unification in national laws of issues related to liability (for instance, a mutual wave of liability in certain types of 5)implementation in national laws of unified rules and procedures of space-related commercial disputes settlement; 6)unification of mechanisms for protection of space-related intellectual property. unification of their provisions. Special attention is paid to provisions of private law (including collision norms). conflicts between parties and national laws in light of expanding of application of national laws' provisions to space activities, 2) unification and further development of international space private law will help to maintain the authority of international public space law and to keep a proper hierarchy between these branches.

  8. The need for a regional framework for marine scientific research in the Black Sea and Mediterranean Sea.

    PubMed

    Oral, Nilufer

    2014-10-01

    One of the important contributions of the 1982 United Nations Law of the Sea Convention (UNCLOS) is Part XIII on Marine Scientific Research (MSR). UNCLOS recognizes the general rule that all states have the right to conduct MSR subject to rights and duties of other states under the convention and in addition, the obligation to promote and facilitate MSR. Copyright © 2014 Elsevier B.V. All rights reserved.

  9. Age Discrimination in Employment Act; retiree health benefits. Final rule.

    PubMed

    2007-12-26

    The Equal Employment Opportunity Commission is publishing this final rule so that employers may create, adopt, and maintain a wide range of retiree health plan designs, such as Medicare bridge plans and Medicare wrap-around plans, without violating the Age Discrimination in Employment Act of 1967 (ADEA). To address concerns that the ADEA may be construed to create an incentive for employers to eliminate or reduce retiree health benefits, EEOC is creating a narrow exemption from the prohibitions of the ADEA for the practice of coordinating employer-sponsored retiree health benefits with eligibility for Medicare or a comparable State health benefits program. The rule does not otherwise affect an employer's ability to offer health or other employment benefits to retirees, consistent with the law.

  10. The right to know and the duty to disclose hazard information.

    PubMed

    Baram, M S

    1984-04-01

    In late 1983, the Occupational Safety and Health Administration (OSHA) promulgated its final rule on "hazard communication," establishing the right of workers in manufacturing industries to information about chemical hazards, and the duty of importers and manufacturers to disclose such information. Baram reviews areas where the new, limited OSHA regulation conflicts with existing local, state, and federal laws, many of which are more stringent and more protective of worker and community health. He suggests steps that could be taken to avoid the extensive litigation that might result from the potential preemptive effect of the new OSHA rule.

  11. HYPO: A Precedent-Based Legal Reasoner

    DTIC Science & Technology

    1987-11-01

    identify legal issues in the analysis of law school exam- ination fact patterns involving the contracts law of offer and acceptance. The program...primarily used i’-then rules and an ATN to represent its legal knowledge of contract law . It used heuristics for distinguishing "hard" and "easy" legal...similar to Gardner’s. Also, the use of rules in Meldmdn (to define the elements of a claim) and Gardner (to define ingredients of contract law ) are similar

  12. Research on the Legislation of Chinese Space Laws

    NASA Astrophysics Data System (ADS)

    Yang, Dongwen

    2002-01-01

    1 Need and necessity for the legislation of Chinese space activities --Complying with UN treaties and principles on outer space --Adapting to the requirements of market economy --Promoting the further development of Chinese space activities --Developing international space cooperation 2 Research method for legislation of Chinese space activities The research method is ROCCIPI. This method was introduced into China with the project "Legislation Supports Economy Reform" supported by the UN Office of Development Planning - By analyzing the correlations among the seven factors: Rule, Opportunity, Capacity, Communication, Interest, Process and Ideology, the optimal legal measures can be found . Such analysis and research works on the master law of Chinese space activities have been made in the paper. 3 Research of international treaties &principles on outer space, and of national space laws of other countries. Studies have been made in this paper on many aspects of international outer space laws, such as framework, development stage, current characteristics, new problems will be faced with in new century, and development tendency in the future, etc. Based on the investigation and study of national space laws of other countries, analyses and researches on national space law have been made in the paper from some aspects, such as legislative purpose, legislative aim, legislative form, legislative content and etc, and some enlightenments, which can be used for reference in the legislation of Chinese Space Laws, are found. 4 Framework of Chinese Space Laws The jurisdiction of Chinese Space Laws lies in three areas: space technology - space applications and space science. Chinese Space Laws are divided into 3 levels: Master law, Administration Regulations of the State Council of the P.R.C, Rules of governmental sectors. 5 Conclusions and Suggestions --The legislation of Chinese Space Activities should be strengthened --More attentions should be paid to the research work in the policies &laws of Chinese space --The international exchanges and cooperation in the research work of space laws should be --The system of Chinese Space Laws should be constructed by the master law of Chinese space

  13. Does the HIPAA Privacy Rule Allow Parents the Right to See Their Children's Medical Records?

    MedlinePlus

    ... 2) Covered Entities (14) Decedents (8) Disclosures for Law Enforcement Purposes (7) Disclosures for Rule Enforcement (2) Disclosures in Emergency Situations (2) Disclosures Required by Law (6) Disclosures to Family and Friends (28) Disposal ...

  14. 78 FR 59994 - Self-Regulatory Organizations; The Options Clearing Corporation; Order Approving Proposed Rule...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-09-30

    ... to avoid any erroneous inference that those are the only provisions of OCC's By-Laws and Rules that... its By-Laws and Rules as well. III. Discussion Section 19(b)(2)(C) of the Act \\5\\ directs the... of participants or among participants in the use of the clearing agency. \\5\\ 15 U.S.C. 78s(b)(2)(C...

  15. Navigating the legal and ethical foundations of informed consent and confidentiality in integrated primary care.

    PubMed

    Hudgins, Cathy; Rose, Sandra; Fifield, Peter Y; Arnault, Steve

    2013-03-01

    This article describes findings from ongoing research and analysis of current literature in addition to discussions with leaders in the field, communications with lawyers and administrators of advocacy and government agencies pertaining to integrated primary care (IPC). Standards of care are established based on a myriad of factors, including professional codes of ethics, case law, state and federal laws, professional standards, existing best practices, current professional guidelines, administrative rules and regulations, and licensing board regulations. Regulations may differ for behavioral health and medical providers, posing challenges in IPC settings. This article provides a review of these regulations, particularly 42CFR Part 2, a federal law governing confidentiality for substance abuse programs, Health Insurance Portability and Accountability Act (HIPAA), and state laws relevant to patient care in IPC settings. On the basis of findings from the study, the authors make recommendations related to patient care practices concerning informed consent and release of information procedures, treatment and warm hand-off protocols, documentation and electronic record keeping, agreements with other providers, and billing. (PsycINFO Database Record (c) 2013 APA, all rights reserved).

  16. The rights of a Florida wife: slavery, U.S. expansion, and married women's property law.

    PubMed

    Clark, Laurel A

    2010-01-01

    Civil law rules were adopted in Florida that granted married women property rights long before legal reforms occurred in northern states. This article analyzes white wives' property and law in Florida between 1820 and 1860. Initially, married women's property rights were inadvertently protected by treaty law and limited to women who married before 1818. Wives' right to own separate property in Florida was subsequently reconfirmed in statute and extended to include later marriages. In contrast, nonwhites generally lost the rights and property they had enjoyed under Spain's civil law in the same period. This contrast reveals that in Florida (and other southern borderlands) it was not concern for women, or simply legal precedent, but the desire to incorporate new territory and expand slavery that influenced the development of marital property law. This challenges previous histories, which have excluded the earlier acts in the Southern borderlands and emphasized those passed in the Northeast beginning in the late 1840s. While those later acts were influenced by the early woman's rights movement and by concern for families reduced to poverty during the rise of market capitalism, this case study indicates that expansion of United States territory and slavery were responsible for the earlier married women's property rights in southern borderland territories such as Florida.

  17. Public Utility Commission manual for Section 210 of PURPA for Vermont

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Not Available

    The Public Utility Regulatory Policies Act of 1978 (PURPA) places obligations on both electric utilities and state regulatory commissions. PURPA requires every electric utility to purchase all energy and capacity made available to it, by a qualifying facility, and to sell energy and capacity to a qualifying facility upon the qualifying facility's request. State regulatory commissions must implement and administer these utility obligations and other requirements that were implemented by the Federal Energy Regulatory Commission's (FERC) final rules, which became effective March 20, 1981, and must set fair rates for electric power purchases and sales between utilities and small powermore » producers. This manual provides a concise, annotated explanation of the final FERC rules, a description of federal and state statutory authorizations, court challenges to these authorizations, analysis of the relationship between federal and state laws, analysis of Vermont's implementation of section 210 of PURPA and for comparison, annotations of selected state regulatory authority decisions.« less

  18. Public Utility Commission manual for Section 210 of PURPA for Montana

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Not Available

    The Public Utility Regulatory Policies Act of 1978 (PURPA) places obligations on both electric utilities and state regulatory commissions. PURPA requires every electric utility to purchase all energy and capacity made available to it, by a qualifying facility, and to sell energy and capacity to a qualifying facility upon the qualifying facility's request. State regulatory commissions must implement and administer these utility obligations and other requirements that were implemented by the Federal Energy Regulatory Commission's (FERC) final rules, which became effective March 20, 1981; and must set fair rates for electric power purchases and sales between utilities and small powermore » producers. This manual provides a concise, annotated explanation of the final FERC rules, a description of federal and state statutory authorizations, court challenges to these authorizations analysis of the relationship between federal and state laws, analysis of Montana's implementation of section 210 of PURPA and for comparison, annotations of selected state regulatory authority decisions.« less

  19. Public Utility Commission manual for Section 210 of PURPA for Arkansas

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Not Available

    The Public Utility Regulatory Policies Act of 1978 (PURPA) places obligations on both electric utilities and state regulatory commissions. PURPA requires every electric utility to purchase all energy and capacity made available to it, by a qualifying facility, and to sell energy and capacity to a qualifying facility upon the qualifying facility's request. State regulatory commissions must implement and administer these utility obligations and other requirements that were implemented by the Federal Energy Regulatory Commission's (FERC) final rules, which became effective March 20, 1981; and must set fair rates for electric power purchases and sales between utilities and small powermore » producers. This manual provides a concise, annotated explanation of the final FERC rules, a description of federal and state statutory authorizations, court challenges to these authorizations, analysis of the relationship between federal and state laws, analysis of Arkansas' implementation of section 210 of PURPA and for comparison, annotations of selected state regulatory authority decisions.« less

  20. 12 CFR 747.30 - Partial summary disposition.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.30 Partial summary disposition. If the administrative law judge.... Those claims for which the administrative law judge has determined that summary disposition is warranted...

  1. 5 CFR 6.7 - Movement of persons between the civil service system and other merit systems.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... MANAGEMENT CIVIL SERVICE RULES EXCEPTIONS FROM THE COMPETITIVE SERVICE (RULE VI) § 6.7 Movement of persons... intent of the civil service laws and any other applicable laws, they may enter into an agreement...

  2. 5 CFR 6.7 - Movement of persons between the civil service system and other merit systems.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... MANAGEMENT CIVIL SERVICE RULES EXCEPTIONS FROM THE COMPETITIVE SERVICE (RULE VI) § 6.7 Movement of persons... intent of the civil service laws and any other applicable laws, they may enter into an agreement...

  3. 16 CFR 1.26 - Procedure.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... rule may be held within the discretion of the Commission, unless otherwise expressly required by law... rule and may suggest such amendments, revisions, and additions thereto as they may consider desirable..., after consideration of all relevant matters of fact, law, policy, and discretion, including all relevant...

  4. LGBT Workplace Issues for Astronomers

    NASA Astrophysics Data System (ADS)

    Kay, Laura E.; Danner, R.; Sellgren, K.; Dixon, V.; GLBTQastro

    2011-01-01

    Federal Equal Employment Opportunity laws and regulations do not provide protection from discrimination on the basis of sexual orientation or gender identity or gender expression. Sexual minority astronomers (including lesbian, gay, bisexual and transgender people; LGBT) can face additional challenges at school and work. Studies show that LGBT students on many campuses report experiences of harassment. Cities, counties, and states may or may not have statutes to protect against such discrimination. There is wide variation in how states and insurance plans handle legal and medical issues for transgender people. Federal law does not acknowledge same-sex partners, including those legally married in the U.S. or in other countries. Immigration rules in the U.S. (and many other, but not all) countries do not recognize same-sex partners for visas, employment, etc. State `defense of marriage act' laws have been used to remove existing domestic partner benefits at some institutions, or benefits can disappear with a change in governor. LGBT astronomers who change schools, institutions, or countries during their career may experience significant differences in their legal, medical, and marital status.

  5. Ten years after: is it time to revisit the 1994 OSHA indoor air quality rule?

    PubMed

    Ahrens, David

    2011-01-01

    Approximately 20 million nonsmoking workers are employed in workplaces without restrictions on smoking and are potentially exposed to secondhand smoke--a Class A carcinogen. These workers are largely in the service industry, in southern and western states and in non-urban areas. The Occupational Safety and Health Administration's (OSHA's) 1994 proposal for smoke-free workplaces (withdrawn in 2001) was attacked by many interest groups that may no longer oppose this protection. Federal regulation for smoke-free workplaces is needed for workers, who are not protected by state and local smoke-free laws. This policy could save thousands of lives each year, and prevent significant illness. Twenty-one states have "state plans" that would allow more protective laws. Of the 29 states under OSHA, 11 have comprehensive smoke-free statutes. Changes in the policy environment and in institutions such as unions, restaurant associations, and the tobacco industry since 2001 may improve the prospects for federal action and reduce disparities that currently characterize exposure to secondhand smoke.

  6. DOE Office of Scientific and Technical Information (OSTI.GOV)

    Bradley, Paul Andrew; Loomis, Eric Nicholas; Merritt, Elizabeth Catherine

    Accurate modeling of a mixed material Equation of State (EOS) at high pressures (~1 to 100 Mbar) is critical for simulating inertial confinement fusion and high energy density systems. Here, this paper presents a comparison of two mixing rule models to the experiment to assess their applicability in this regime. The shock velocities of polystyrene, aluminum, and nickel aluminide (NiAl) were measured at a shock pressure of ~3 TPa (~30 Mbar) on the Omega EP laser facility (Laboratory for Laser Energetics, University of Rochester, New York). The resultant shock velocities were compared to those derived from the RAGE (Eulerian) hydrodynamicsmore » code to validate various mixing rules used to construct an EOS for NiAl. The simulated shock transit time through the sample (Al or NiAl) matched the measurements to within the ±45ps measurement uncertainty. The law of partial volume (Amagat) and the law of partial pressure (Dalton) mixture rules provided equally good matches to the NiAl shock data. Other studies showed that the Amagat mixing rule is superior, and we recommend it since our results also show a satisfactory match. In conclusion, the comparable quality of the simulation to data for the Al and NiAl samples implies that a mixture rule can supply an EOS for plasma mixtures with adequate fidelity for simulations where mixing takes place, such as advective mix in an Eulerian code or when two materials are mixed together via diffusion, turbulence, or other physical processes.« less

  7. Intellectual Property Development and Use for Distance Education Courses: A Review of Law, Organizations, and Resources for Faculty

    ERIC Educational Resources Information Center

    Nemire, Ruth E.

    2007-01-01

    Advancement of knowledge and progress in technology drives the need for protecting inventions, new ideas, writings, music, and other media. While abundant, intellectual property and copyright issues are not simple, and the United States has adopted multiple rules via treaties worldwide. Academia has been fortunate with regard to the freedom…

  8. New Standards for Peer Sexual Harassment in the Schools: Title IX Liability Under "Davis v. Monroe County Board of Education."

    ERIC Educational Resources Information Center

    McClain, Michael W.

    1999-01-01

    Analyzes the state of the law regarding peer sexual harassment. In "Davis" the Supreme Court ruled that a school district can be held liable for a student's sexual harassment of another student. Prior to this, lower courts were not uniform in their treatment of this charge. (Contains 47 references.) (MLF)

  9. 78 FR 12221 - National School Lunch Program: Direct Certification Continuous Improvement Plans Required by the...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-02-22

    ..., Hunger-Free Kids Act of 2010 AGENCY: Food and Nutrition Service, USDA. ACTION: Final rule. SUMMARY: This... Healthy, Hunger-Free Kids Act of 2010 designed to encourage States to improve direct certification efforts.../CNP/cnp.htm .) Section 101(b) of Public Law 111-296, the Healthy, Hunger-Free Kids Act of 2010 (HHFKA...

  10. 42 CFR 411.353 - Prohibition on certain referrals by physicians and limitations on billing.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ...) of this section may not present or cause to be presented a claim or bill to the Medicare program or...; and (2) The claim otherwise complies with all applicable Federal and State laws, rules, and... in paragraphs (f)(2), (f)(3), and (f)(4) of this section, an entity may submit a claim or bill and...

  11. 42 CFR 411.353 - Prohibition on certain referrals by physicians and limitations on billing.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ...) of this section may not present or cause to be presented a claim or bill to the Medicare program or...; and (2) The claim otherwise complies with all applicable Federal and State laws, rules, and... in paragraphs (f)(2), (f)(3), and (f)(4) of this section, an entity may submit a claim or bill and...

  12. Fatal School Shootings, Liability, and Sovereign Immunity: Where Should the Line Be Drawn?

    ERIC Educational Resources Information Center

    Harding, Tracey B.

    2001-01-01

    Despite the school shooting on December 1, 1997, under current state law in Kentucky, school officials and administrators are not likely to be held accountable, even for ignoring the most obvious of warning signs. There should no longer be the rule barring liability that is called sovereign immunity. Instead, the court should examine the actions…

  13. You and the Law: Home Owner Fails in Attempt to Gain Relief from Impact of Errant Baseballs

    ERIC Educational Resources Information Center

    Sawyer, Tonya L.

    2017-01-01

    A Massachusetts appeals court affirmed the ruling of a trial court that a municipality in that state is protected by sovereign immunity in a case in which it was sued by a resident and his spouse who lived adjacent to a baseball diamond and claimed its use was a "nuisance" because of errant baseballs.

  14. 77 FR 29129 - Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-16

    ... small businesses that already are in the FAR, such as FAR 19.501(c), which states, as a general matter... that particular order. The proposed rule provides several alternatives at Sec. 121.402(c)(i)(A) and (B... shaped it is set forth below. II. Background On September 27, 2010, the President signed into law the...

  15. Environmental Compliance and Pollution Prevention Training Manual for Campus-Based Organizations--Operational and Facility Maintenance Personnel.

    ERIC Educational Resources Information Center

    New York State Dept. of Environmental Conservation, Albany.

    This manual was designed to be used as part of the Workshop on Environmental Compliance and Pollution Prevention for campus-based facilities. It contains basic information on New York state and federal laws, rules, and regulations for protecting the environment. The information presented is a summary with emphasis on those items believed to be…

  16. 20 CFR 652.210 - What are the Act's requirements for administration of the work test and assistance to UI claimants?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ...; and (3) UI program staff receive information about UI claimants' ability or availability for work, or... administration of the work test and assistance to UI claimants? 652.210 Section 652.210 Employees' Benefits... requirements for administration of the work test and assistance to UI claimants? (a) State UI law or rules...

  17. 20 CFR 652.210 - What are the Act's requirements for administration of the work test and assistance to UI claimants?

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ...; and (3) UI program staff receive information about UI claimants' ability or availability for work, or... administration of the work test and assistance to UI claimants? 652.210 Section 652.210 Employees' Benefits... requirements for administration of the work test and assistance to UI claimants? (a) State UI law or rules...

  18. 20 CFR 652.210 - What are the Act's requirements for administration of the work test and assistance to UI claimants?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ...; and (3) UI program staff receive information about UI claimants' ability or availability for work, or... administration of the work test and assistance to UI claimants? 652.210 Section 652.210 Employees' Benefits... requirements for administration of the work test and assistance to UI claimants? (a) State UI law or rules...

  19. 20 CFR 652.210 - What are the Act's requirements for administration of the work test and assistance to UI claimants?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ...; and (3) UI program staff receive information about UI claimants' ability or availability for work, or... administration of the work test and assistance to UI claimants? 652.210 Section 652.210 Employees' Benefits... requirements for administration of the work test and assistance to UI claimants? (a) State UI law or rules...

  20. 20 CFR 652.210 - What are the Act's requirements for administration of the work test and assistance to UI claimants?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ...; and (3) UI program staff receive information about UI claimants' ability or availability for work, or... administration of the work test and assistance to UI claimants? 652.210 Section 652.210 Employees' Benefits... requirements for administration of the work test and assistance to UI claimants? (a) State UI law or rules...

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