19 CFR 152.16 - Judicial changes in classification.

Code of Federal Regulations, 2012 CFR

2012-04-01

... decision of either the United States Court of International Trade or the United States Court of Appeals for... Government. The principles of any court decision favorable to the Government shall be applied to all... consumption or warehouse. (b) Similar merchandise under decision favorable to Government. The principles of...

19 CFR 152.16 - Judicial changes in classification.

Code of Federal Regulations, 2011 CFR

2011-04-01

... decision of either the United States Court of International Trade or the United States Court of Appeals for... Government. The principles of any court decision favorable to the Government shall be applied to all... consumption or warehouse. (b) Similar merchandise under decision favorable to Government. The principles of...

Amicus Curiae Brief for the United States Supreme Court on Mental Health Issues Associated with "Physician-Assisted Suicide"

ERIC Educational Resources Information Center

Werth, James L., Jr.; Gordon, Judith R.

2002-01-01

After providing background material related to the Supreme Court cases on "physician-assisted suicide" (Washington v. Glucksberg, 1997, and Vacco v. Quill, 1997), this article presents the amicus curiae brief that was submitted to the United States Supreme Court by 2 national mental health organizations, a state psychological association, and an…

43 CFR 17.4 - Assurances required.

Code of Federal Regulations, 2010 CFR

2010-10-01

... school system (1) is subject to a final order of a court of the United States for the desegregation of... court of the United States for the desegregation of such school or school system is entered after... other participants. Any such assurance shall include provisions which give the United States a right to...

U.S. government's "anti-prostitution" pledge deemed unconstitutional.

PubMed

Arkin, Eli

2011-10-01

In July 2011, the United States Court of Appeals for the Second Circuit upheld a lower court decision stating that a provision in the United States Leadership against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Leadership Act) was unconstitutional.

Supreme Court of the United States Syllabus: San Antonio Independent School District Et. Al. v. Rodriguez Et. Al. Appeal from the United States District Court for the Western District of Texas. No. 71-1332, Argued October 12, 1972 -- Decided March 21, 1973.

ERIC Educational Resources Information Center

Supreme Court of the U. S., Washington, DC.

In this landmark educational finance opinion (presented here in full) the U.S. Supreme Court held that the Texas case was not a proper case in which to examine a State's laws under standards of strict judicial scrutiny. That test, according to the Court, is reserved for cases involving laws that operate to the disadvantage of suspect classes or…

32 CFR Appendix A to Part 150 - Format for Direction for Review in a Court of Criminal Appeals

Code of Federal Regulations, 2010 CFR

2010-07-01

... Criminal Appeals A Appendix A to Part 150 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE REGULATIONS PERTAINING TO MILITARY JUSTICE COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND... Appeals In the United States ______ 1 Court of Criminal Appeals United States v. (Full typed name, rank...

78 FR 42491 - Aluminum Extrusions from the People's Republic of China: Notice of Court Decision Not in Harmony...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-16

...'') imported by Valeo, Inc., Valeo Engine Cooling Inc., and Valeo Climate Control Corp. (collectively, ``Valeo..., Inc., and Valeo Climate Control Corp. v. United States, Court No. 12-00381 (CIT February 13, 2013).\\2... Remand, Valeo, Inc., Valeo Engine Cooling, Inc., and Valeo Climate Control Corp. v. United States, Court...

"Chew Heong v. United States": Chinese Exclusion and the Federal Courts

ERIC Educational Resources Information Center

Landman, James H., Ed.

2007-01-01

This article is adapted from "Chew Heong v. United States: Chinese Exclusion and the Federal Courts", written by Lucy Salyer, associate professor of history at the University of New Hampshire, for inclusion in the Federal Judicial Center's project, "Federal Trials and Great Debates in United States History." In 1882, Congress…

Educational Adequacy Litigation in the American South: 1973-2009

ERIC Educational Resources Information Center

Dishman, Mike; Redish, Traci

2010-01-01

Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

3 CFR 13593 - Executive Order 13593 of December 13, 2011. 2011 Amendments to the Manual for Courts-Martial...

Code of Federal Regulations, 2012 CFR

2012-01-01

... United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-946), and in order to prescribe amendments to the Manual for Courts-Martial, United...

3 CFR 13643 - Executive Order 13643 of May 15, 2013. 2013 Amendments to the Manual for Courts-Martial, United...

Code of Federal Regulations, 2014 CFR

2014-01-01

... States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-946), and in order to prescribe amendments to the Manual for Courts-Martial, United...

We the Students: Supreme Court Cases for and about Students.

ERIC Educational Resources Information Center

Raskin, Jamin B.

This casebook intends to show young people that their rights, their way of life, and indeed sometimes their very life, can depend on one remarkable document, the Constitution of the United States. The casebook is about the United States Constitution and how the Supreme Court and lower courts have interpreted it to govern the lives of U.S. public…

49 CFR 1103.11 - Standards of ethical conduct in courts of the United States to be observed.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 49 Transportation 8 2011-10-01 2011-10-01 false Standards of ethical conduct in courts of the... PRACTITIONERS Canons of Ethics The Practitioner's Duties and Responsibilities Toward the Board § 1103.11 Standards of ethical conduct in courts of the United States to be observed. These canons further the purpose...

49 CFR 1103.11 - Standards of ethical conduct in courts of the United States to be observed.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 8 2010-10-01 2010-10-01 false Standards of ethical conduct in courts of the... PRACTITIONERS Canons of Ethics The Practitioner's Duties and Responsibilities Toward the Board § 1103.11 Standards of ethical conduct in courts of the United States to be observed. These canons further the purpose...

49 CFR 1103.11 - Standards of ethical conduct in courts of the United States to be observed.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 49 Transportation 8 2014-10-01 2014-10-01 false Standards of ethical conduct in courts of the... PRACTITIONERS Canons of Ethics The Practitioner's Duties and Responsibilities Toward the Board § 1103.11 Standards of ethical conduct in courts of the United States to be observed. These canons further the purpose...

49 CFR 1103.11 - Standards of ethical conduct in courts of the United States to be observed.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 49 Transportation 8 2013-10-01 2013-10-01 false Standards of ethical conduct in courts of the... PRACTITIONERS Canons of Ethics The Practitioner's Duties and Responsibilities Toward the Board § 1103.11 Standards of ethical conduct in courts of the United States to be observed. These canons further the purpose...

49 CFR 1103.11 - Standards of ethical conduct in courts of the United States to be observed.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 49 Transportation 8 2012-10-01 2012-10-01 false Standards of ethical conduct in courts of the... PRACTITIONERS Canons of Ethics The Practitioner's Duties and Responsibilities Toward the Board § 1103.11 Standards of ethical conduct in courts of the United States to be observed. These canons further the purpose...

44 CFR 7.8 - Elementary and secondary schools.

Code of Federal Regulations, 2010 CFR

2010-10-01

... desegregation of such school or school system which the United States Commissioner of Education determines is... satisfied if such school or school system (a) is subject to a final order of a court of the United States... final order of a court of the United States for the desegregation of such school or school system is...

29 CFR 1608.8 - Adherence to court order.

Code of Federal Regulations, 2011 CFR

2011-07-01

... United States District Court or other court of competent jurisdiction, whether entered by consent or after contested litigation, in a case brought to enforce a Federal, State, or local equal employment... taken pursuant to the direction of a Court Order cannot give rise to liability under title VII. ...

29 CFR 1608.8 - Adherence to court order.

Code of Federal Regulations, 2010 CFR

2010-07-01

... United States District Court or other court of competent jurisdiction, whether entered by consent or after contested litigation, in a case brought to enforce a Federal, State, or local equal employment... taken pursuant to the direction of a Court Order cannot give rise to liability under title VII. ...

28 CFR 0.175 - Judicial and administrative proceedings.

Code of Federal Regulations, 2010 CFR

2010-07-01

... proceeding before or ancillary to a court or grand jury of the United States, and the authority vested in the... production of information in any proceeding before or ancillary to a court or grand jury of the United States...

Recent Church-State Litigation.

ERIC Educational Resources Information Center

Bryson, Joseph E.

After a brief synopsis of the 1974 legal activity centering on the church-state relationship, the speaker examines three particular cases: the United States Supreme Court decision in Wheeler v. Barrera, a Missouri district court decision in Luetkemeyer v. Kaufmann, and the Supreme Court decision in Franchise Tax Board of California v. United…

77 FR 48608 - Reports, Forms, and Record Keeping Requirements

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-14

... solving) courts known as DWI Courts and Hybrid DWI/Drug Courts to obtain an inventory of their current operational practices. All known operating DWI Courts and Hybrid DWI/ Drug Courts will be contacted by mail... the United States that are either designated DWI Courts (192) or else Hybrid DWI/Drug Courts (406) as...

41 CFR 60-1.26 - Enforcement proceedings.

Code of Federal Regulations, 2010 CFR

2010-07-01

..., the Attorney General may bring a civil action in the appropriate district court of the United States... civil action in the appropriate district court of the United States requesting a temporary restraining... Contracts OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL EMPLOYMENT OPPORTUNITY, DEPARTMENT OF LABOR...

Court of Appeals: EME Homer City Generation, L.P. v. Environmental Protection Agency, et al.

EPA Pesticide Factsheets

On January 24, 2013, the United States Court of Appeals for the D.C. Circuit denied EPA's petition for rehearing en banc of the Court's August 2012 decision to vacate the Cross-State Air Pollution Rule.

United States v. Lopez and the Demise of the Gun-Free School Zones Act: Legislative Over-Reaching or Judicial Nit-Picking?

ERIC Educational Resources Information Center

Russo, Charles J.

1995-01-01

In "United States v.Lopez," a highly fractured United States Supreme Court, in a five-to-four ruling that generated six different opinions, affirmed that Congress had exceeded its authority in adopting the Gun-Free School Zones Act. Provides an in-depth examination of the Court's ruling and concludes with an analysis of the legal issues…

3 CFR 13552 - Executive Order 13552 of August 31, 2010. 2010 Amendments to the Manual for Courts-Martial...

Code of Federal Regulations, 2011 CFR

2011-01-01

... States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-946), and in order to prescribe amendments to the Manual for Courts-Martial, United...

Rapanos v. United States & Carabell v. United States

EPA Pesticide Factsheets

Documents associated with guidance for implementing the definition of waters of the United States under the Clean Water Act following the Rapanos v. United States, and Carabell v. United States Supreme Court decision.

Juvenile Drug Courts and Teen Substance Abuse

ERIC Educational Resources Information Center

Butts, Jeffrey A., Ed.; Roman, John, Ed.

2004-01-01

Juvenile justice officials across the United States are embracing a new method of dealing with adolescent substance abuse. Importing a popular innovation from adult courts, state and local governments have started hundreds of specialized drug courts to provide judicial supervision and coordinate substance abuse treatment for drug-involved…

76 FR 37152 - Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-24

... with the United States District Court for the Eastern District of Wisconsin. In this action, the United... agreement in this matter. On May 12, 2004, the United States District Court for the Eastern District of... remedy for the remainder of the Site, i.e., the Lower River, Middle River, and Inner Harbor portions of...

Recent developments in the health care area.

PubMed

Harper, T D; Berg, R N

1980-09-01

Of late, there have been several court decisions of significance in the United States in the health care area. In 1 case the Supreme Court was faced with the question of whether or not states were required to fund abortions under the Medicaid program. In a 2nd case, a lower court was required to determine whether a Professional Standards Review Organization (PSRO) was a federal agency subject to the disclosure requirements of the federal Freedom of Information Act. Both of these issues are discussed. The Supreme Court authoritatively and conclusively established that a woman has no constitutional right to a state or federally funded abortion and with this ruling resolved several contrary lower court decisions and extended Congressional power to limit the expenditure of federal funds. Congress has established by a funding exclusion commonly referred to as the "Hyde Amendment," a limitation upon the expenditure of federally appropriated funds provided pursuant to Title 19 of the Social Security Act (Medicaid). A United States District Court in Georgia held that this exclusion was not to affect a state's duty to fund abortions deemed to be "medically necessary." A United States District Court in New York held the Hyde Amendment to be unconstitutional for failing to require funding of abortions that were deemed medically necessary. Contrary to the Georgia Court's ruling, the Supreme Court determined that the Medicaid program provides no unilateral funding obligation for a state which chooses to participate in the system. Contrary to the New York Court's ruling, the Sumpreme Court concluded that the Hyde Amendment is not constitutionally deficient. The Supreme Court determined that the limitation of abortion funding does not constitute a violation of the Establishment Clause of the 1st Amendment and that the limitation upon funding does not constitute a violation of the Equal Protection Clause of the 14th Amendment. The District Court in the District of Columbia determined that the PSRO was clothed with "indicia of agency status" and thus was an "agency" within the meaning of the Freedom of Information Act. This decision resulted in a furor among the numerous PSROs and among the persons and institutions providing information and records to those entitites. Recently, the District Court for the Eastern District of Pennsylvania refused to find that a PSRO was an "agency" within the meaning of the FOI Act.

The Supreme Court, the commerce clause, and natural resources

NASA Astrophysics Data System (ADS)

Matthews, Olen Paul

1988-07-01

The Supreme Court's interpretation of the commerce clause controls the balance of power between state and federal governments in the United States. An understanding of the relationship between the different government levels is essential for resource managers concerned with resource and environmental issues. This study examines selected Supreme Court decisions between 1976 and 1988 to answer three questions raised by the commerce clause: (1) Is the regulated item an article of commerce? (2) Do state laws burden interstate commerce? (3) Is federal commerce regulation limited? The balance of power among the justices and the commerce clause theories affecting the federal role in resource management are also examined. Since ratification of the Constitution, the Supreme Court has continuously increased federal power, but states have power to act independently as long as contradictory federal laws do not exist and state law does not impermissively affect commerce. If Congress regulates an individual's use of resources, their power is unquestioned. Future Court decisions will not significantly reduce the federal role in resource management even if the Court's membership changes. Even the supporters of states' rights on the Court realize increased federal power is a necessary part of the country's evolution. The purpose of the commerce clause is to create a national economic unit with free location principles. The Court supports this purpose today and will in the future.

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"…

In the Supreme Court of the United States, Barbara Grutter, Petitioner, versus Lee Bollinger, et al., Respondents on Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit. Brief for Respondents.

ERIC Educational Resources Information Center

United States Supreme Court, Washington, DC.

This legal document addresses whether the Court should reaffirm its decision in Regents of University of California v. Bakke, 438 U.S. 265 (1978), holding that the educational benefits which flow from a diverse student body to an institution of higher education, its students, and the public it serves are sufficiently compelling to permit the…

31 CFR 501.704 - Appearance and practice.

Code of Federal Regulations, 2010 CFR

2010-07-01

... to practice before the Supreme Court of the United States, the highest court of any State... limiting the scope of representation or disqualifying an individual from appearing in a representative...

76 FR 20954 - Certain Lined Paper Products From India: Amended Final Determination of Sales at Less Than Fair...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-04-14

... DEPARTMENT OF COMMERCE International Trade Administration [A-533-843] Certain Lined Paper Products..., International Trade Administration, Department of Commerce. SUMMARY: On December 13, 2010, the United States Court of Appeals for the Federal Circuit (``CAFC'') affirmed the United States Court of International...

CASA Fact Sheet.

ERIC Educational Resources Information Center

National Court Appointed Special Advocate Association, Seattle WA.

Each year nearly 400,000 children in the United States are thrust into court through no fault of their own. Often these children also become victims of the United States' overburdened child welfare system. A Court Appointed Special Advocate (CASA) volunteer is a trained citizen who is appointed by a judge to represent the best interests of a child…

Evolution, Creationism, and the Courts: 20 Questions

ERIC Educational Resources Information Center

Moore, Randy; Miksch, Karen L.

2003-01-01

The teaching of evolution and creationism is controversial to many people in the United States. Knowledge of the many important court-decisions about the teaching of evolution and creationism in the United States can be used not only to resist anti-evolution activities of creationists, but also to help teachers address questions about the teaching…

41 CFR 101-6.205-3 - Elementary and secondary schools.

Code of Federal Regulations, 2010 CFR

2010-07-01

... final order of a court of the United States for the desegregation of such school or school system, and... order of a court of the United States for the desegregation of such school or school system is entered... Management Regulations System FEDERAL PROPERTY MANAGEMENT REGULATIONS GENERAL 6-MISCELLANEOUS REGULATIONS 6.2...

The Supreme Court on Privacy and the Press.

ERIC Educational Resources Information Center

Lee, William E.

This paper examines several United States Supreme Court decisions to evaluate the Court's stance on an individual's right to privacy when that right conflicts with the press right to freedom of expression. Particular attention is paid to the Court's "Rosenbloom" and "Gertz" decisions. The paper concludes that the Supreme Court is trying to…

The U.S. Supreme Court's Philadelphia Decade.

ERIC Educational Resources Information Center

Stivison, David V.

Before Washington, D.C. became the permanent home of the United States Supreme Court, first New York and then Philadelphia hosted its meetings. From 1791 to 1801 the Court met in Philadelphia. This paper reviews the highlights of the Court's cases during this formative decade. Among the most important developments in the Court's jurisprudence at…

Court Cases Involving Contracts for School Districts

ERIC Educational Resources Information Center

Allen, L. Hank

2011-01-01

The purpose of this research was to analyze trends in the United States regarding contract disputes that exist in school districts. Court cases were identified at the state and federal level to determine the outcomes and the fact patterns of contract disputes. To gain the knowledge of how courts handle cases of contractual breach, contracts…

A Survey of Laws and Court Decisions in the United States as Related to Teacher Responsibility and Liability During Field Trips.

ERIC Educational Resources Information Center

DuVall, Charles R.; Krepel, Wayne J.

The purpose of this study was to investigate existing state laws and court decisions in the United States related to teacher responsibility and liability while on field trips. Literature reviewed in the report deals with both teacher responsibility and the instructional aspect of field trips. During July and August, 1971 a three-item questionnaire…

75 FR 23289 - Ponca Tribe of Indians of Oklahoma Liquor Control Ordinance

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-03

..., 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713... with the principles enunciated by the United States Supreme Court in United States v. Montana, 101 S... or credit cards issued by any financial institution. (C) Sale for Personal Consumption. All sales...

26 CFR 601.103 - Summary of general tax procedure.

Code of Federal Regulations, 2013 CFR

2013-04-01

... form of return which shows the facts upon which tax liability may be determined and assessed. Generally... taxpayer may then bring suit in the United States District Court or in the United States Claims Court for recovery of the tax. Suit may not be commenced before the expiration of six months from the date of filing...

26 CFR 601.103 - Summary of general tax procedure.

Code of Federal Regulations, 2011 CFR

2011-04-01

... form of return which shows the facts upon which tax liability may be determined and assessed. Generally... taxpayer may then bring suit in the United States District Court or in the United States Claims Court for recovery of the tax. Suit may not be commenced before the expiration of six months from the date of filing...

26 CFR 601.103 - Summary of general tax procedure.

Code of Federal Regulations, 2010 CFR

2010-04-01

... form of return which shows the facts upon which tax liability may be determined and assessed. Generally... taxpayer may then bring suit in the United States District Court or in the United States Claims Court for recovery of the tax. Suit may not be commenced before the expiration of six months from the date of filing...

26 CFR 601.103 - Summary of general tax procedure.

Code of Federal Regulations, 2014 CFR

2014-04-01

... form of return which shows the facts upon which tax liability may be determined and assessed. Generally... taxpayer may then bring suit in the United States District Court or in the United States Claims Court for recovery of the tax. Suit may not be commenced before the expiration of six months from the date of filing...

26 CFR 601.103 - Summary of general tax procedure.

Code of Federal Regulations, 2012 CFR

2012-04-01

... form of return which shows the facts upon which tax liability may be determined and assessed. Generally... taxpayer may then bring suit in the United States District Court or in the United States Claims Court for recovery of the tax. Suit may not be commenced before the expiration of six months from the date of filing...

32 CFR Appendix B to Part 150 - Format for Assignment of Errors and Brief on Behalf of Accused (§ 150.15)

Code of Federal Regulations, 2010 CFR

2010-07-01

... THE SECRETARY OF DEFENSE REGULATIONS PERTAINING TO MILITARY JUSTICE COURTS OF CRIMINAL APPEALS RULES... Brief on Behalf of Accused (§ 150.15) In the United States ______ 2 Court of Criminal Appeals United... Accused Case No. ____ Tried at (location), on (date(s)) before a (type of court-martial) appointed by...

Perceived Masculinity Predicts U.S. Supreme Court Outcomes.

PubMed

Chen, Daniel; Halberstam, Yosh; Yu, Alan C L

2016-01-01

Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer's speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States.

Perceived Masculinity Predicts U.S. Supreme Court Outcomes

PubMed Central

2016-01-01

Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer’s speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States. PMID:27737008

26 CFR 301.7481-1 - Date when Tax Court decision becomes final; decision modified or reversed.

Code of Federal Regulations, 2010 CFR

2010-04-01

... the Supreme Court directs that the decision of the Tax Court be modified or reversed, the decision of... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Date when Tax Court decision becomes final... Proceedings Civil Actions by the United States § 301.7481-1 Date when Tax Court decision becomes final...

Fourth Amendment Update: The Supreme Court and Strip Searches--"Safford Unified School District No. 1 v Redding"

ERIC Educational Resources Information Center

Russo, Charles J.

2008-01-01

In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…

76 FR 78449 - 2011 Amendments to the Manual for Courts-Martial, United States

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-16

... Vol. 76 Friday, No. 242 December 16, 2011 Part IV The President Executive Order 13593--2011 Amendments to the Manual for Courts- Martial, United States #0; #0; #0; Presidential Documents #0; #0; #0;#0;Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents#0;#0; #0; #0;Title 3-- #0;The President [[Page 78451

28 CFR 527.42 - Limitations on transfer of offenders to foreign countries.

Code of Federal Regulations, 2010 CFR

2010-07-01

... imposed in a United States court without the permission of the court imposing the fine. When considered appropriate, the Warden may contact the sentencing court to request the court's permission to process the inmate's application for return to the inmate's country of citizenship. [48 FR 2502, Jan. 19, 1983...

Student Expression: The Uncertain Future

ERIC Educational Resources Information Center

Bathon, Justin M.; McCarthy, Martha M.

2008-01-01

On June 25, 2007, the United States Supreme Court rendered its decision in "Morse v. Frederick", a long-awaited ruling regarding student speech in public schools. For nearly twenty years, the Supreme Court had been silent on the issue while lower courts attempted to apply the rules announced in previous Supreme Court decisions. It is…

The impact of Wyeth v. Levine on FDA regulation of prescription drugs.

PubMed

Ausness, Richard C

2010-01-01

In Wyeth v. Levine, decided in March, 2009, the United States Supreme Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act. In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This Article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription drug labeling. The Article first discusses the preemption doctrine and its application to state law tort claims against product manufacturers. It then reviews the history of implied preemption of tort claims against manufacturers of FDA-approved prescription drugs prior to Wyeth and then discusses the Wyeth decisions in the Vermont Supreme Court and the United States Supreme Court. Finally, the Article evaluates some of the prescription drug preemption cases that have been decided in the lower federal courts since Wyeth and suggests that these courts are now reluctant to preempt failure to warn claims unless a manufacturer affirmatively seeks permission from FDA to change a drug's labeling.

Brief for the United States as Amicus Curiae Supporting Petitioner. On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit. Barbara Grutter, Petitioner, v. Lee Bollinger, et al. In the Supreme Court of the United States.

ERIC Educational Resources Information Center

United States Supreme Court, Washington, DC.

This legal document examines whether the University of Michigan Law School's use of racial preferences in student admissions violates the Equal Protection Clause of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. seq.), or 42 U.S.C. 1981. This brief filed by the federal government in support of the…

Supreme Court of the United States. Southeastern Community College v. Davis. Certiorari to the United States Court of Appeals for the Fourth Circuit.

ERIC Educational Resources Information Center

Supreme Court of the U. S., Washington, DC.

A suit was brought by Frances B. Davis against Southeastern Community College, which had denied her admission to its nursing program because of her serious hearing disability. (An audiologist's report indicated that she cannot understand speech directed to her except by lipreading.) She alleged that this denial constituted a violation of section…

Narrowing the Achievement Gap in a (Re) Segregated Urban School District: Research, Policy and Practice. The Achievement Gap, Research, Practice, and Policy

ERIC Educational Resources Information Center

Ikpa, Vivian W.; McGuire, C. Kent

2009-01-01

The interplay between sociopolitical forces and economic agendas becomes apparent when one examines the June 28, 2007 United States Supreme Court Decision, Parents Involved In Community Schools v. Seattle School District . In a reversal of the 1954 Brown Decision, the United States Supreme Court ruled that public schools could not use race as a…

34 CFR 381.31 - What are the requirements pertaining to the protection, use, and release of personal information?

Code of Federal Regulations, 2010 CFR

2010-07-01

... interpreted by the courts of the United States, except that, for purposes of any periodic audit, report, or... by the courts of the United States. (Authority: Secs. 12 and 509(h) of the Act; 29 U.S.C. 711(c) and... 34 Education 2 2010-07-01 2010-07-01 false What are the requirements pertaining to the protection...

Supreme Court Holds That Contagious Diseases Are Handicaps.

ERIC Educational Resources Information Center

Flygare, Thomas J.

1987-01-01

Describes a complex case involving termination of a third-grade teacher with recurrent tuberculosis. The United States Supreme Court upheld a circuit court's ruling that the teacher's condition satisfied section 504 of the 1973 Rehabilitation Act protecting handicapped persons against discrimination. Since contagiousness was not addressed, the…

High Court's TB Ruling Probably Applies to AIDS.

ERIC Educational Resources Information Center

Sendor, Benjamin

1987-01-01

Discusses a United States Supreme Court decision upholding Section 504 protection for an elementary school teacher fired due to recurrent tuberculosis. The school board may need to make reasonable accommodation for employees handicapped by contagious diseases. The Court might also interpret Section 504 as covering AIDS carriers. (MLH)

Smells Like Teen Spirit: Evaluating a Midwestern Teen Court

ERIC Educational Resources Information Center

Norris, Michael; Twill, Sarah; Kim, Chigon

2011-01-01

Teen courts have grown rapidly in the United States despite little evidence of their effectiveness. A survival analysis of 635 teen court and 186 regular diversion participants showed no significant differences in recidivism, although program completers were half as likely to reoffend as noncompleters. Older offenders survived significantly better…

The Supreme Court at the Bar of History: A Bibliographic Essay.

ERIC Educational Resources Information Center

Stephenson, D. Grier, Jr.

1998-01-01

Presents a bibliographic essay surveying research and literature on the United States Supreme Court. Divides literature on the Court into six categories: (1) constitutional interpretation; (2) general and period histories; (3) biographies; (4) case studies; (5) judicial process; and (6) reference works. Includes a four-page bibliography. (DSK)

1 CFR 12.3 - The United States Government Manual.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 1 General Provisions 1 2011-01-01 2011-01-01 false The United States Government Manual. 12.3... States Government Manual. (a) Copies of The United States Government Manual shall be made available to... legislative courts of the United States will be provided with one copy based on a written request from the...

1 CFR 12.3 - The United States Government Manual.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 1 General Provisions 1 2010-01-01 2010-01-01 false The United States Government Manual. 12.3... States Government Manual. (a) Copies of The United States Government Manual shall be made available to... legislative courts of the United States will be provided with one copy based on a written request from the...

Expressing the sense of the House of Representatives that the Justices of the United States Supreme Court should make themselves subject to the existing and operative ethics guidelines set out in the Code of Conduct for United States Judges, most of which are already legally binding on them.

THOMAS, 113th Congress

Rep. Norton, Eleanor Holmes [D-DC-At Large

2013-10-10

House - 01/09/2014 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Supreme Court Roundup.

ERIC Educational Resources Information Center

Williams, Charles F.

2001-01-01

Discusses U.S. Supreme Court cases during the 2000-01 term. Focuses on federalism, such as the case Solid Waste Agency v. Army Corps of Engineers, No. 99-1178, and cases related to the U.S. Bill of Rights First Amendment, such as United States and Department of Agriculture v. United Foods, Inc., No. 00-276. (CMK)

5 CFR 334.102 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-01-01

... United States, the Administrative Office of the United States Courts, the Library of Congress, the... eligible for the special programs and services provided by the United States to Indians because of their..., instrumentality, or authority of a State or States; and (2) Any general or special purpose agency of such a...

Negligence in Defamation before "Gertz."

ERIC Educational Resources Information Center

Stevens, George E.

1979-01-01

Discusses negligence in defamation cases before the United States Supreme Court's decision in "Gertz v Robert Welch, Inc."; shows that courts have varied in what actions by reporters and editors they have considered negligent. (GT)

78 FR 51821 - Sentencing Guidelines for United States Courts

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-21

... inserting ``However, the Supreme Court has held that the ex post facto clause applies to sentencing.... Ct. 2072, 2078 (2013) (holding that 'there is an ex post facto violation when a defendant is... ex post facto clause, in which case the court shall apply the Guidelines Manual in effect on the date...

In Federal Court, at Least, Comparable Worth Gets a Cool Reception.

ERIC Educational Resources Information Center

Zakariya, Sally Banks

1985-01-01

The concept of comparable worth bases its legal claims in the Equal Pay Act of 1963, the Civil Rights Act of 1964, and a 1981 decision of the United States Supreme Court. Still, assertions that comparable worth should be invoked to correct wage discrimination have usually been rejected in federal courts. (PGD)

The US Court of Appeals for the D.C. Circuit Ruling to Stay the CSAPR

EPA Pesticide Factsheets

The United States Court of Appeals for the D.C. Circuit issued its ruling to stay the CSAPR pending judicial review. The court's decision is not a decision on the merits of the rule. EPA is ensuring the transition back to the Clean Air Interstate Rule.

Pursuing the Panderer: An Analysis of "United States v. Williams"

ERIC Educational Resources Information Center

McGrain, Patrick N.; Moore, Jennifer L.

2010-01-01

In May 2008, the Supreme Court addressed whether the government can regulate the ownership and distribution of virtual child pornography. "U.S. v. Williams" marked the first time the Court directly addressed the concept of pandering virtual child pornography. This article examines the Court's decision in "U.S. v. Williams" and…

Supreme Court of the United States, Syllabus. Board of Education of the City School District of New York et al. v. Harris, Secretary of Health, Education, and Welfare, et al. Certiorari to the United States Court of Appeals for the Second Circuit, No. 78-873.

ERIC Educational Resources Information Center

Supreme Court of the U. S., Washington, DC.

The Emergency School Aid Act (ESAA) states that the Act's purpose is to provide Federal assistance to eliminate minority group segregation among students and faculty in elementary and secondary schools. One section of the Act declares an educational agency ineligible for assistance if it has in effect any practice which results in disproportionate…

Guaranteed Authority and Contrived Dialogism: The Supreme Court's Majority Opinion in Bowers v. Hardwick.

ERIC Educational Resources Information Center

Conway, Glenda

The Supreme Court opinion's absolute authority and guaranteed admission to the legal canon make it a rhetorically unique genre, but nevertheless one that is illuminated through close analysis. On June 30, 1986, the United States Supreme Court announced its decision in Bowers v. Hardwick, expressing a judgment that the Federal Constitution does not…

26 CFR 1.992-3 - Deficiency distributions to meet qualification requirements.

Code of Federal Regulations, 2010 CFR

2010-04-01

... (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Domestic International Sales Corporations § 1.992-3... final determination by a decision of the United States Tax Court is the date upon which such decision... contested in a court (and upon which there is a judgment) other than the Tax Court is the date upon which...

12 CFR 404.20 - Notice of court-ordered and emergency disclosures.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Notice of court-ordered and emergency disclosures. 404.20 Section 404.20 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Access to Records Under the Privacy Act of 1974 § 404.20 Notice of court-ordered and emergency...

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…

77 FR 3239 - U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

Federal Register 2010, 2011, 2012, 2013, 2014

2012-01-23

... name and docket number for this Federal Register document. The general policy for comments and other... involving a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ... 30 days after the date of the decision of the Court of Criminal Appeals. (2) Extraordinary relief...

Supreme Court of the United States Syllabus: Cleveland Board of Education Et Al. v. LaFleur Et Al. Certiorari to the United States Court of Appeals for the Sixth Circuit. No. 72-77, Argued October 15, 1973 -- Decided January 21, 1974.

ERIC Educational Resources Information Center

Supreme Court of the U. S., Washington, DC.

School board rules for the Cleveland, Ohio, and the Chesterfield County, Virginia, districts required pregnant teachers to take unpaid maternity leave five months and four months respectively before expected childbirth. A date for eligibility for return to work was also arbitrarily set. This pamphlet contains the entire official text of the…

[Chakrabarty today: 30 years after the United States Supreme Court Resolution].

PubMed

Bergel, Salvador Darío

2010-01-01

The decision of the United States Supreme Court in the Chakrabarty case marked the beginning of a far reaching process, the development of which considerably extended the field of patentabiltiy of humans, their body parts and genetic information. The author believes that a period of three decades is sufficient to draw conclusions. A critical point has been reached from a debatable decision, which had more economic support than legal, which requires serious recapitulation of the scope and the purpose of industrial property rights.

32 CFR 150.21 - Appeals by the United States.

Code of Federal Regulations, 2012 CFR

2012-07-01

... TO MILITARY JUSTICE COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND PROCEDURE § 150.21 Appeals by.... (d) Time for filing. All procedural Rules of the Court shall apply except as noted in this paragraph...

31 CFR 103.76 - Enforcement of summons.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Attorney General or delegate of the Attorney General (including any United States Attorney or Assistant United States Attorney, as appropriate), who may bring an action to compel compliance with the summons in any court of the United States within the jurisdiction of which the investigation which gave rise to...

Public Financing of Religious Schools: Justice Clarence Thomas's "Bigotry Thesis"

ERIC Educational Resources Information Center

Alexander, Kern

2008-01-01

United States Supreme Court Justice Clarence Thomas, writing for a plurality of the Court in "Mitchell v. Helms" in 2000, advanced the idea that state constitutional prohibitions against public funding of religious schools were manifestations of anti-Catholic bigotry in the late 19th century. Thomas's reading of history and law led him to believe…

78 FR 3029 - Notice of Lodging of Proposed Amended Consent Decree Under the Comprehensive Environmental...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-01-15

... Department of Justice lodged a proposed Amended Consent Decree in United States v. the Atlas-Lederer Company... District Court for the Southern District of Ohio. In Atlas-Lederer, the United States sought reimbursement... United States v. the Atlas- Lederer Company, et al., D.J. Ref. 90-11-3-279B and United States v. Larry...

Triple Header Annual Workshop Proceedings (12th, Sarasota, Florida, April 25-29, 1993).

ERIC Educational Resources Information Center

American Probation and Parole Association, Lexington, KY.

The family and juvenile court system in the United States is overwhelmed with the number of court cases involving the incarceration of young people. The proceedings of this conference, the goal of which was to find alternatives to incarceration and improve efficiency of the juvenile court system, are summaries of the following 22 presentations:…

A College that Reinvented Itself: The Wilson College Story

ERIC Educational Resources Information Center

Armacost, Mary-Linda Merriam

2011-01-01

This article presents the story of Wilson College, the only college in the United States where a group of alumnae took the trustees to court over the issue of the announced closing and won the case. The court reversed the trustees' decision on the grounds that the college had failed to seek approval from the court before announcing the change in…

"Forest Grove School District v. T.A." Supreme Court Case: Implications for School Psychology Practice

ERIC Educational Resources Information Center

Dixon, Shauna G.; Eusebio, Eleazar C.; Turton, William J.; Wright, Peter W. D.; Hale, James B.

2011-01-01

The 2009 "Forest Grove School District v. T.A." United States Supreme Court case could have significant implications for school psychology practice. The Court ruled that the parents of a student with a disability were entitled to private school tuition reimbursement even though T.A. had not been identified with a disability or previously…

Dolly and Alice

PubMed Central

Burk, Dan L.

2015-01-01

The opinion of the United States Court of Appeals for the Federal Circuit, In re Roslin Institute, rejecting patent claims to mammals cloned from somatic cells, was rendered about a month before the United States Supreme Court's decision in Alice Corp. v. CLS Bank International. The Alice opinion explicitly sets out the standard for determining whether an invention falls within statutory patentable subject matter. Thus one is thus left to wonder what the Roslin opinion might have looked like had it been decided only a few weeks later, after the Alice decision was published, with the benefit of the Supreme Court's further direction on patentable subject matter. In this essay I explore whether in hindsight the Alice standard might have dictated a different outcome in Roslin, suggesting how the two-part test articulated by the Supreme Court in Alice might apply to a ‘products of nature’ analysis for cloned mammals. Drawing on that analysis, I then use the Roslin case as a vehicle to highlight certain issues with the Supreme Court's current subject matter jurisprudence as applied to biotechnology. By juxtaposing Dolly with Alice, it becomes clear that the Supreme Court has revivified a number of dormant biotechnology patent problems in the guise of subject matter analysis. PMID:27774214

Carol Anne Bond v the United States of America: how a woman scorned threatened the Chemical Weapons Convention.

PubMed

Muldoon, Anna; Kornblet, Sarah; Katz, Rebecca

2011-09-01

The case of Carol Anne Bond v the United States of America stemmed from a domestic dispute when Ms. Bond attempted to retaliate against her best friend by attacking her with chemical agents. What has emerged is a much greater issue--a test of standing on whether a private citizen can challenge the Tenth Amendment. Instead of being prosecuted in state court for assault, Ms. Bond was charged and tried in district court under a federal criminal statute passed as part of implementation of the Chemical Weapons Convention (CWC). Ms. Bond's argument rests on the claim that the statute exceeded the federal government's enumerated powers in criminalizing her behavior and violated the Constitution, while the government contends legislation implementing treaty obligations is well within its purview. This question remains unanswered because there is dispute among the lower courts as to whether Ms. Bond, as a citizen, even has the right to challenge an amendment guaranteeing states rights when a state is not a party to the action. The Supreme Court heard the case on February 22, 2011, and, if it decides to grant Ms. Bond standing to challenge her conviction, the case will be returned to the lower courts. Should the court decide Ms. Bond has the standing to challenge her conviction and further questions the constitutionality of the law, it would be a significant blow to implementation of the CWC in the U.S. and the effort of the federal government to ensure we are meeting our international obligations.

43 CFR 1864.0-2 - Objectives.

Code of Federal Regulations, 2011 CFR

2011-10-01

... eliminate the necessity for court action or private legislation in those instances where the United States... there is a cloud on the title to the lands, attributable to the United States, and that: (1) A record...

"United State v. Fordice": Mississippi Higher Education without Public Historically Black Colleges and Universities

ERIC Educational Resources Information Center

Lee, John Michael, Jr.

2010-01-01

The "United States v. Fordice" was decided in the United States Supreme Court in 1992, and it represents the most recent ruling on desegregation for those states that have historically maintained racially segregated systems of higher education. This study raises the question of what would Mississippi higher education be without public…

[Recent case law about the right to die].

PubMed

Bascuñán R, Antonio

2016-04-01

This paper reviews the sentences dictated between 1993 and 2002 by the Supreme Courts of Canada and the Unites States, the House of Lords and Supreme Court of the United Kingdom and the European Human Rights Court, about the validity of the legal prohibition of assistance for suicide. These sentences constituted a judicial consensus about the right to die. This consensus recognized the legal right of patients to reject medical treatments but did not recognize the right to be assisted by a physician to commit suicide. This exclusion is changing in the recent case law of Canada and the United Kingdom, which accepts the fundamental right of terminal patients to medically assisted suicide.

Cruise ship's doctors - company employees or independent contractors?

PubMed

Dahl, Eilif

2016-01-01

Traditionally, cruise companies have stated that they are in the transport business but not in the business of providing medical services to passengers. They have claimed not to be able to supervise or control the ship's medical personnel and cruise ship's doctors have therefore mostly been signed on as independent contractors, not employees. A United States court decision from 1988, Barbetta versus S/S Bermuda Star, supported this view and ruled that a ship's owner cannot be held vicariously liable for the negligence of the ship's doctor directed at the ship's passengers. Some years ago a cruise passenger fell and hit his head while boarding a trolley ashore. Hours later he was seen aboard by the ship's doctor, who sent him to a local hospital. He died 1 week later, and his daughter filed a complaint alleging the cruise company was vicariously liable for the purported negligence of the ship's doctor and nurse, under actual or apparent agency theories. A United States district court initially dismissed the case, but in November 2014 the United States Court of Appeals for the Eleventh Circuit disagreed and reversed. From then on independently contracted ship's doctors may be considered de facto employees of the cruise line. The author discusses the employment status of physicians working on cruise ships and reviews arguments for and against the Appellate Court's decision.

Petty v. United States.

PubMed

1980-12-31

Under a ruling of the U.S. District Court for the Northern District of Iowa, the registration form which individuals were required to sign before receiving a swine flu vaccination did not meet the statutory requirement of an "informed consent" form. Moreover, the federal government was negligent in failing to establish adequate procedures for assuring that the risks and benefits of the swine flu vaccine were fully explained to each individual. This case was appealed before the U.S. Court of Appeals, Eighth Circuit, as found in Petty v. United States, Federal Reporter, 2d Series, 740: 1428-1442.

A resolution honoring the heroic actions of Court Security Officer Stanley Cooper, Deputy United States Marshal Richard J. "Joe" Gardner, the law enforcement officers of the United States Marshals Service and Las Vegas Metropolitan Police Department, and the Court Security Officers in responding to the armed assault at the Lloyd D. George Federal Courthouse on January 4, 2010.

THOMAS, 111th Congress

Sen. Ensign, John [R-NV

2010-01-26

Senate - 01/26/2010 Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent. (All Actions) Tracker: This bill has the status Agreed to in SenateHere are the steps for Status of Legislation:

Public Financing of Religious Schools: James G. Blaine and Justice Clarence Thomas' "Bigotry Thesis"

ERIC Educational Resources Information Center

Alexander, Kern

2007-01-01

United States Supreme Court Justice Clarence Thomas writing for a plurality of the Court in "Mitchell v. Helms" in 2000 advanced the idea that state constitutional prohibitions against public funding of religious schools were manifestations of anti-Catholic bigotry in the late 19th century. Thomas' reading of history and law led him to…

76 FR 27304 - Certain Steel Threaded Rod From the People's Republic of China: Notice of Court Decision Not in...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-05-11

... States Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337... calculation upon concluding that Rajratan produced wire rod, a material input in the production of subject... financial statements and found that Rajratan purchases wire rod, in addition to other raw materials, and...

Boston School Desegregation. Report to the United States District Court, District of Massachusetts, Volume II.

ERIC Educational Resources Information Center

Massachusetts State Board of Education, Boston.

This is the first of a series of planned studies undertaken (by court order) by the Massachusetts State Board of Education in order to monitor the progress toward desegregation in the Boston Public Schools. This volume includes the reports produced by department staff in areas monitored, together with selected statistical and other information…

A Review of Cases Pending Before the United States Supreme Court.

ERIC Educational Resources Information Center

Fearen, William

This article, the fifteenth chapter of a book on school law, presents a sketch of education cases for which a hearing has been granted by the Supreme Court or for which petitions are pending. Hearings have been granted to education cases in five areas: church-state relationships, Title IX, book censorship, busing, and P.L. 94-142. Regarding…

Defense.gov Special Report: Lesbian, Gay, Bisexual, and Transgender (LGBT)

Science.gov Websites

against LGBT Americans. Source June 15, 2015 On January 13, 1958, the United States Supreme Court ruled in his government job in 1957 for being gay. In 1961, he became the first to petition the Supreme Court

Chargeability after "Lehnert."

ERIC Educational Resources Information Center

Bryant, David T.

1993-01-01

Contends that the United States Supreme Court ruling in "Lehnert v. Ferris Faculty Association" leaves unanswered many questions as to what activities of exclusive collective-bargaining representatives are and are not chargeable to dissenting nonmembers of the organization. Reviews past precedent and forecasts further court litigation.…

The Supreme Court Upholds Drug Testing of Student Participants in Extracurricular Activities.

ERIC Educational Resources Information Center

Mawdsley, Ralph D.; Russo, Charles J.

2003-01-01

Analysis of 2001 United States Supreme Court decision in "Earls v. Board of Education of Tecumseh Public Schools," upholding random drug testing for students participating in extracurricular activities. Discusses implications for school policy and practice. (Contains 15 references.) (PKP)

Voluntary Race-Conscious Affirmative Action Plans: The Significance of Two Recent Supreme Court Decisions.

ERIC Educational Resources Information Center

Fischer, Louis

1987-01-01

Presents the United States Supreme Court's decisions in Wygant v. the Jackson Board of Education and in International Association of Firefighters v. City of Cleveland. Explores the decisions' more general applications to voluntary affirmative action plans. (PS)

77 FR 2760 - Notice of Lodging Proposed Consent Decree

Federal Register 2010, 2011, 2012, 2013, 2014

2012-01-19

... by the United States against the Defendant, pursuant to Sections 309(b) and (d) of the Clean Water... Office, United States District Court for the Southern District of Indiana, 46 East Ohio Street Room 105...

Black Hills versus Weinberger: How Useful is It for Other Air Force Bases to Competitively Acquire Electricity.

DTIC Science & Technology

1988-04-01

whether the base must follow state created utility franchise territories. This paper analyzes the court opinion approving the competition, and the...the state franchised electric utility, Black Hills Power & Light Company (Black Hills), Ellswor-th competed for this additional power need. A company...utility franchise laws and regulations when it purchased the additional power. Both the United States District Court for the District of South Dakota

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)

A Comparison of Coverage of Speech and Press Verdicts of Supreme Court.

ERIC Educational Resources Information Center

Hale, F. Dennis

1979-01-01

An analysis of the coverage by ten newspapers of 20 United States Supreme Court decisions concerning freedom of the press and 20 decisions concerning freedom of speech revealed that the newspapers gave significantly greater coverage to the press decisions. (GT)

78 FR 84 - In the Matter of: Boniface U. Ibe, 11202 Trevor Court, Mitchellville, MD 20721

Federal Register 2010, 2011, 2012, 2013, 2014

2013-01-02

... to Nigeria, defense articles included on the United States Munitions List, namely, firearms and..., causing to exported, and attempting to export from the United States to Nigeria shotguns without having...

Methadone treatment providers' views of drug court policy and practice: a case study of New York State.

PubMed

Csete, Joanne; Catania, Holly

2013-12-05

Specialized drug treatment courts are a central part of drug-related policy and programs in the United States and increasingly outside the U.S. While in theory they offer treatment as a humane and pragmatic alternative to arrest and incarceration for certain categories of drug offenses, they may exclude some forms of treatment-notably methadone maintenance treatment (MMT). We sought to understand from the perspective of treatment providers whether this exclusion existed and was of public health importance in New York State as a case example of a state heavily committed to drug courts and with varying court-level policies on MMT. Drug courts have been extensively evaluated but not with respect to exclusion of MMT and not from the perspective of treatment providers. Qualitative structured interviews of 15 providers of MMT and 4 NGO advocates in counties with diverse court policies on MMT, with content analysis. Courts in some counties require MMT patients to "taper off" methadone in an arbitrary period or require that methadone be a "bridge to abstinence". Treatment providers repeatedly noted that methadone treatment is stigmatized and poorly understood by some drug court personnel. Some MMT providers feared court practices were fueling non-medical use of prescription opiates. Drug court practices in some jurisdictions are a barrier to access to MMT and may constitute discrimination against persons in need of MMT. These practices should be changed, and drug courts should give high priority to ensuring that treatment decisions are made by or in close consultation with qualified health professionals.

78 FR 21862 - Revision to United States Marshals Service Fees for Services

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-12

... the United States Marshals Service for service of process in federal court proceedings. DATES: Written... 28 CFR 0.114(a) as follows: For process forwarded for service from one U.S Marshals Service office or... process, the United States Marshals Service is proposing to charge $65 per hour (or portion thereof) for...

77 FR 10775 - United States v. SG Interests I LTD., et al.; Proposed Final Judgment and Competitive Impact...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-02-23

... a related qui tam case also filed in United States District Court for the District of Colorado... ENERGY CORPORATION, 1801 Broadway, Suite 1200, Denver, CO 80202, Defendants. COMPLAINT The United States... & Jaworksi, LLP, Republic Plaza, 370 Seventeenth Street, Suite 2150, Denver, CO 80202. Telephone: (303) 801...

Matrix of Key Federal Statutes and Federal and State Court Decisions Reflecting the Core Concepts of Disability Policy

ERIC Educational Resources Information Center

Turnbull, H. Rutherford, III; Stowe, Matt; Klein, Samara; Riffel, Brandon

2012-01-01

This matrix displays the decisions of the United States Supreme Court and the federal statutes most relevant to individuals with disabilities and their families. It is organized according to the core concepts of disability policy as identified by Rud Turnbull and his colleagues at the Beach Center on Disability, the University of Kansas, Lawrence,…

ASBO at 100: A Supreme Court Retrospective on Religion, Student Rights, and Employee Rights

ERIC Educational Resources Information Center

Russo, Charles J.

2009-01-01

In the opening sentence of his May 1949 article in this journal, Ward W. Keesecker was on the mark in writing, "What the Supreme Court of the United States has said pertaining to State school administration and how their decisions affect the rights and privileges of individuals are matters of wide interest and concern to school business officials…

Finance.

ERIC Educational Resources Information Center

Beezer, Bruce; MacPhail-Wilcox, Bettye

There were no United States Supreme Court decisions in 1987 on either public or private school finance. Cases discussed in this chapter fall under three major topics: (1) public funds for private schools; (2) sources and allocations of public school funds; and (3) school tax issues. Federal appellate court cases included decisions on the…

31 CFR 224.7 - Where can I find a list of United States district court offices?

Code of Federal Regulations, 2011 CFR

2011-07-01

... Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL PROCESS AGENTS OF SURETY CORPORATIONS § 224.7 Where can I find a list of United States district...

31 CFR 224.7 - Where can I find a list of United States district court offices?

Code of Federal Regulations, 2010 CFR

2010-07-01

... Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL PROCESS AGENTS OF SURETY CORPORATIONS § 224.7 Where can I find a list of United States district...

31 CFR 224.7 - Where can I find a list of United States district court offices?

Code of Federal Regulations, 2013 CFR

2013-07-01

... Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL PROCESS AGENTS OF SURETY CORPORATIONS § 224.7 Where can I find a list of United States district...

31 CFR 224.7 - Where can I find a list of United States district court offices?

Code of Federal Regulations, 2012 CFR

2012-07-01

... Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL PROCESS AGENTS OF SURETY CORPORATIONS § 224.7 Where can I find a list of United States district...

31 CFR 1010.916 - Enforcement of summons.

Code of Federal Regulations, 2011 CFR

2011-07-01

... States Attorney or Assistant United States Attorney, as appropriate), who may bring an action to compel compliance with the summons in any court of the United States within the jurisdiction of which the investigation which gave rise to the summons being or has been carried on, the jurisdiction in which the person...

77 FR 66434 - Certain Frozen Warmwater Shrimp From the People's Republic of China: Notice of Court Decision Not...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-11-05

... DEPARTMENT OF COMMERCE International Trade Administration [A-570-893] Certain Frozen Warmwater... Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 23, 2012, the United States Court of International Trade (``CIT'') sustained the Department of Commerce's (``the...

39 CFR 265.11 - Compliance with subpoena duces tecum, court orders, and summonses.

Code of Federal Regulations, 2010 CFR

2010-07-01

..., and summonses. 265.11 Section 265.11 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION RELEASE OF INFORMATION § 265.11 Compliance with subpoena duces tecum, court orders, and summonses... release medical information, in response to proper requests and upon competent medical advice, in...

39 CFR 265.11 - Compliance with subpoena duces tecum, court orders, and summonses.

Code of Federal Regulations, 2011 CFR

2011-07-01

..., and summonses. 265.11 Section 265.11 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION RELEASE OF INFORMATION § 265.11 Compliance with subpoena duces tecum, court orders, and summonses... release medical information, in response to proper requests and upon competent medical advice, in...

39 CFR 265.11 - Compliance with subpoena duces tecum, court orders, and summonses.

Code of Federal Regulations, 2014 CFR

2014-07-01

..., and summonses. 265.11 Section 265.11 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION RELEASE OF INFORMATION § 265.11 Compliance with subpoena duces tecum, court orders, and summonses... release medical information, in response to proper requests and upon competent medical advice, in...

39 CFR 265.11 - Compliance with subpoena duces tecum, court orders, and summonses.

Code of Federal Regulations, 2012 CFR

2012-07-01

..., and summonses. 265.11 Section 265.11 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION RELEASE OF INFORMATION § 265.11 Compliance with subpoena duces tecum, court orders, and summonses... release medical information, in response to proper requests and upon competent medical advice, in...

39 CFR 265.11 - Compliance with subpoena duces tecum, court orders, and summonses.

Code of Federal Regulations, 2013 CFR

2013-07-01

..., and summonses. 265.11 Section 265.11 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION RELEASE OF INFORMATION § 265.11 Compliance with subpoena duces tecum, court orders, and summonses... release medical information, in response to proper requests and upon competent medical advice, in...

26 CFR 1.7476-3 - Notice of determination.

Code of Federal Regulations, 2010 CFR

2010-04-01

....7476-3 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES The Tax Court § 1.7476-3 Notice of determination. (a) In general. Under section 7476...(d), no proceeding for a declaratory judgment by the United States Tax Court with respect to the...

Memorandum: First Thoughts on Southeastern Community College v. Davis.

ERIC Educational Resources Information Center

Orleans, Jeffrey H.

1979-01-01

In June 1979 the United States Supreme Court issued a civil rights opinion about handicap discrimination. A summary of the ruling is provided along with an effort to distinguish between those questions addressed and resolved by the Court and those discussed but not disposed of. (Author/MLW)

Academic and Artistic Freedom.

ERIC Educational Resources Information Center

Strossen, Nadine

1992-01-01

Issues and recent events concerning censorship of the arts in the United States are examined, and the threat to artistic freedom posed by recent Supreme Court decisions is examined. Focus is on erosion of the actual or imminent harm requirement of the law and on the court's class-based approach to free speech. (MSE)

1980 Cumulative Supplement, "Higher Education and the Law".

ERIC Educational Resources Information Center

Edwards, Harry T.; Nordin, Virginia Davis

A 1980 cumulative supplement to the basic text, "Higher Education and the Law," is presented. Contents include: edited reports of five United States Supreme Court cases, important lower court cases, regulations and reports; and citations to numerous law review articles, additional cases, and other secondary sources. The following broad…

Curriculum and the Constitution. Issuegram 34.

ERIC Educational Resources Information Center

Lines, Patricia M.

The United States Supreme Court has to date decided four major cases dealing with curricula or the rights of students. The Court (1) declared unconstitutional a law that prohibited instruction in evolutionary theory, (2) upheld the right of students in school to express their views on controversial subjects, (3) extended protection under the…

76 FR 4633 - Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China: Notice of Court...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-26

... DEPARTMENT OF COMMERCE International Trade Administration [A-570-814] Carbon Steel Butt-Weld Pipe..., International Trade Administration, Department of Commerce. SUMMARY: On January 6, 2011, the United States Court of International Trade (``CIT'') sustained the Department of Commerce's (``the Department'') results...

78 FR 8498 - [Docket ID DoD-2013-OS-0016

Federal Register 2010, 2011, 2012, 2013, 2014

2013-02-06

... DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DoD-2013-OS-0016] Manual for Courts-Martial; Proposed Amendments AGENCY: Joint Service Committee on Military Justice (JSC), DoD. ACTION: Annual Review of the Manual for Courts-Martial, United States. SUMMARY: Pursuant to Executive Order 12473...

Censorship and the Media.

ERIC Educational Resources Information Center

Rohrer, Daniel Morgan

This review of current legal practices with respect to censorship in the areas of obscenity and pornography contains a history of anti-obscenity legislation; a review of the efforts of the United States Supreme Court and lower courts to define obscenity; a discussion of publisher Larry Flynt's battle against the "community standards"…

Hazelwood Decision: The Complete Text of the Jan. 13 U.S. Supreme Court 5-3 Decision.

ERIC Educational Resources Information Center

Quill and Scroll, 1988

1988-01-01

Reprints the complete text of the January 13, 1988 United States Supreme Court decision on Hazelwood School District versus Kuhlmeier, which concerns educators' editorial control over the content of a high school newspaper produced as part of a school's journalism curriculum. (MS)

Access to Presidential Materials.

ERIC Educational Resources Information Center

Tyler, John Edward

The Supreme Court's decision regarding executive privilege in the case of the United States v. Richard Nixon focused on specifics and left the greater issues of executive privilege untouched. This report summarizes the events leading up to Nixon's confrontation with the Supreme Court and examines the future of executive privilege. Questions raised…

The European Court of Human Rights: Implications for United States National Security

DTIC Science & Technology

2014-02-04

PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) United States Naval War College 686 Cushing Road...legal authority; (e) the lawful detention of persons for the prevention of the spreading of infectious diseases , of persons of unsound mind

The State's Case

ERIC Educational Resources Information Center

Calhoun, John W.

1972-01-01

Author is Assistant Attorney General in Wisconsin and represented the state in the Wisconsin vs. Yoder case. Cites other cases and decisions handed down by the United States Supreme Court in relation to compulsory education. (RB)

76 FR 33364 - Notice of Lodging of Two Consent Decrees Under the Comprehensive Environmental Response...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-08

... Environmental Response, Compensation and Liability Act Notice is hereby given that on June 1, 2011, two proposed consent decrees in United States and State of Nebraska v. Union Pacific Corp., Union Pacific Railway Co... District Court for the District of Nebraska. In that lawsuit, the United States and State of Nebraska seek...

78 FR 45564 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-29

... States Courts, Washington, DC 20544, telephone (202) 502- 1820. Dated: July 24, 2013. Jonathan C. Rose... JUDICIAL CONFERENCE OF THE UNITED STATES Meeting of the Judicial Conference Committee on Rules of Practice and Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of...

Prescription data mining, medical privacy and the First Amendment: the U.S. Supreme Court in Sorrell v. IMS health Inc.

PubMed

Boumil, Marcia M; Dunn, Kaitlyn; Ryan, Nancy; Clearwater, Katrina

2012-01-01

In 2011, the United States Supreme Court in Sorrell v. IMS Health Inc. struck down a Vermont law that would restrict the ability of pharmaceutical companies to purchase certain physician-identifiable prescription data without the consent of the prescriber. The law's stated purpose was threefold: to protect the privacy of medical information, to protect the public health and to contain healthcare costs by promoting Vermont's preference in having physicians prescribe more generic drugs. The issue before the Supreme Court was whether the Vermont law represented a legitimate, common sense regulatory program or a bold attempt to suppress commercial speech when the "message" is disfavored by the state. Striking down the law, the Supreme Court applied a heightened level of First Amendment scrutiny to this commercial transaction and held that the Vermont law was not narrowly tailored to protect legitimate privacy interests.

The "Good Faith" Requirement in School Desegregation Cases.

ERIC Educational Resources Information Center

Patin, Charles L., Jr.; Gordon, William M.

The good-faith requirement in school desegregation was initially discussed by the United States Supreme Court in "Brown II." However, it was not until recently, in "Freeman v. Pitts," that the Court was to provide a definitive statement as to the meaning of the requirement, indicate the need for specific findings with respect…

From "Amistad" to "Brown": The March for Justice in the Courts.

ERIC Educational Resources Information Center

Wilson, Margaret Bush; Gatewood, Diane Ridley

1999-01-01

Analyzes four significant court cases that span the rise of a body of jurisprudence in the United States known as civil rights law. Describes each of these cases in detail showing the profound impact they have had on the rights of all citizens and, in particular, African Americans. (CMK)

Race, Education, and the Politics of Fear

ERIC Educational Resources Information Center

Jackson, Barbara Loomis

2008-01-01

This article explores the legacies of the 1954 "Brown v. Board of Education" Supreme Court decision within the historical context of race relations in the United States. The pursuit by African Americans to exercise their rights of citizenship is described as influenced by the changing face of fear. The Supreme Court decisions that…

The Supreme Court's Search Ruling.

ERIC Educational Resources Information Center

Kelly, Margie

The 1971 police search of a newspaper office led to the United States Supreme Court's "Zurcher v The Stanford Daily" decision that newspaper offices can permissibly be searched if it is believed that they contain materials that relate to an ongoing criminal investigation. This decision has been viewed by the press as an attack on First…

76 FR 61227 - Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-03

... adjudicated as a mental defective, alien, committed to any mental institution, controlled substance, crime..., mental institution, restricted person, and unlawful user of any controlled substance. We believe that... aware of the Supreme Court's decision in Small v. United States, 544 US 385 (2005) in which the court...

Charting the Future of College Affirmative Action: Legal Victories, Continuing Attacks, and New Research

ERIC Educational Resources Information Center

Orfield, Gary, Ed.; Marin, Patricia, Ed.; Flores, Stella M., Ed.; Garces, Liliana M., Ed.

2007-01-01

The United States Supreme Court's landmark 2003 decisions in "Grutter v. Bollinger" and "Gratz v. Bollinger" firmly established that university admissions policies which are designed to promote student body diversity and which employ race in a carefully crafted selection process can withstand constitutional challenge. The Supreme Court ruled that…

Classical Influences in the Development of American Legal Culture.

ERIC Educational Resources Information Center

Hoffman, Richard J.

The author examines the influences of classical Greek and Roman literature and law upon court decisions in the United States during the first decade following the adoption of the Constitution. References to Greek and Roman literature, history, and mythology by Virginia's High Court Chancellor George Wythe and by several Justices of the Supreme…

Antitrust Law and the Media: Making the Newspapers Safe for Democracy.

ERIC Educational Resources Information Center

Coulson, David

A number of constitutional and economic problems are involved in the process of insuring a free press. The enforcement of antitrust laws by the Justice Department can, but does not, provide adequate safeguards for the public. Beginning with the 1945 Supreme Court decision, "Associated Press v. United States," many court decisions have…

32 CFR 153.2 - Applicability and scope.

Code of Federal Regulations, 2014 CFR

2014-07-01

... respect to offenders or offenses that by statute or the law of war may be tried by court-martial, military.... District Court to try the offense. The Act was not intended to divest the military of jurisdiction and... creates or extends any right, privilege, or benefit to any person or entity. See United States v. Caceres...

32 CFR 153.2 - Applicability and scope.

Code of Federal Regulations, 2010 CFR

2010-07-01

... respect to offenders or offenses that by statute or the law of war may be tried by court-martial, military.... District Court to try the offense. The Act was not intended to divest the military of jurisdiction and... creates or extends any right, privilege, or benefit to any person or entity. See United States v. Caceres...

32 CFR 153.2 - Applicability and scope.

Code of Federal Regulations, 2011 CFR

2011-07-01

... respect to offenders or offenses that by statute or the law of war may be tried by court-martial, military.... District Court to try the offense. The Act was not intended to divest the military of jurisdiction and... creates or extends any right, privilege, or benefit to any person or entity. See United States v. Caceres...

32 CFR 153.2 - Applicability and scope.

Code of Federal Regulations, 2013 CFR

2013-07-01

... respect to offenders or offenses that by statute or the law of war may be tried by court-martial, military.... District Court to try the offense. The Act was not intended to divest the military of jurisdiction and... creates or extends any right, privilege, or benefit to any person or entity. See United States v. Caceres...

78 FR 36291 - Revocation of License of Small Business Investment Company

Federal Register 2010, 2011, 2012, 2013, 2014

2013-06-17

... SMALL BUSINESS ADMINISTRATION Revocation of License of Small Business Investment Company Pursuant to the authority granted to the United States Small Business Administration by the Wind-Up Order of the United States District Court for the Eastern District of Arkansas, Western Division, entered...

78 FR 17183 - Wooden Bedroom Furniture From the People's Republic of China: Notice of Court Decision Not in...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-03-20

... clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond... conducting the remand respectfully under protest. See Viraj Group, Ltd. v. United States, 343 F.3d 1371 (Fed...

77 FR 13633 - Notice of Lodging Proposed Consent Decree

Federal Register 2010, 2011, 2012, 2013, 2014

2012-03-07

... wetlands in southeastern Massachusetts and to restore and perform compensatory mitigation at three existing... Protection Agency, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912. In addition, the... with the United States District Court for the District of Massachusetts in United States v. Charles...

75 FR 20812 - Silicon Metal from Brazil: Amended Final Results of Administrative Review Pursuant to Court Decision

Federal Register 2010, 2011, 2012, 2013, 2014

2010-04-21

... regarding the 94/95 period of review. See American Silicon Technologies v. United States, 28 C.I.T. 698.../95 period of review. See American Silicon Technologies v. United States, 27 C.I.T. 1677; 2003 Ct...

78 FR 14358 - Notice of Lodging of Proposed Consent Decree Under the Resource Conservation and Recovery Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-03-05

... the United States District Court for the Northern District of New York in the lawsuit entitled United...; and Mountain Mart 108, LLC. The proposed Consent Decree resolves claims of the United States under the Solid Waste Disposal Act, as amended by various laws including the Resource Conservation and Recovery...

Implication of defamation for dental educators.

PubMed

Moore, R N

1987-08-01

Recent court decisions have indicated that in dealing with their students and colleagues, faculty must balance academic freedom and the individual right of fair consideration. It is also important for faculty and administrators to distinguish between decision-making procedures and criteria. It is quite clear from two recent United States Supreme Court cases that subjective evaluation by professional judgment is permissible as long as standard procedures of procedural due process are followed. In short, courts are more likely to review the application of the criteria than their substance.

Article 31(b) Triggers - The COMA Misfires

DTIC Science & Technology

1994-03-01

under Article 31 to the effect that he need not be a witness against himself.31 9 The court’s final appeal to Miranda rationale came in the form of a...the suspect will be irrelevant.49’ Thus the test will avoid any appeal to emotion or false perception. What factors should the court examine? The...history of the UCMJ, the United States Court of Military Appeals (COMA) has struggled to develop and maintain a coherent analysis of the triggering

Reflections upon an "Atheist Epic": Madalyn Murray O'Hair and "Baltimore Sun" Reporters Comment about Coverage of the First Incidents Leading to the Supreme Court's Banning of Compulsory Prayer in Public Schools.

ERIC Educational Resources Information Center

Bowman, Jim; Kahan, Bob

In 1960 a teenage boy, Bill Murray, refused to participate in Bible reading, and the result was a series of court cases that culminated in the 1963 United States Supreme Court decision banning compulsory prayer in public schools. To gain insight into the dynamics of journalism practiced during controversy, a case study attempts to examine the…

Legislation Relating to Reemployment Rights, Educational Assistance, and the U.S. Court of Veterans Appeals. Hearing before the Committee on Veterans' Affairs, United States Senate, One Hundred Second Congress, First Session (May 23, 1991).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on Veterans' Affairs.

Five bills were discussed at this hearing: (1) S. 1050, which would allow the court to accept voluntary services and gifts and bequests; (2) H. R. 153, which would make certain technical amendments and modify various provisions relating to the court's operations and administration; (3) S. 868, which would improve educational benefits for active…

78 FR 25945 - Hand Trucks and Certain Parts Thereof From the People's Republic of China: Notice of Court...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-05-03

... Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the.... See WelCom MCK Magna Cart Remand Results at 2. See also Viraj Group, Ltd. v. United States, 343 F.3d...

77 FR 72885 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-06

... Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of Civil Procedure... Timberdell Road, Norman, OK 73019. FOR FURTHER INFORMATION CONTACT: Jonathan C. Rose, Secretary and Chief Rules Officer, Rules Committee Support Office, Administrative Office of the United States Courts...

75 FR 79019 - Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-17

...-06405 (NLH-JS) was lodged with the United States District Court for the District of New Jersey. In this... United States v. James Matteo & Sons, Inc. (D.N.J.) No. 1:10-cv-06405 (NLH-JS); D.J. Ref. 90-11-3-09689...

78 FR 22900 - Notice of Lodging Proposed Consent Decree

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-17

... lodged with the United States District Court for the Western District of Wisconsin on April 10, 2013... District of Wisconsin, Robert W. Kastenmeier United States Courthouse, 120 North Henry Street, Room 320, Madison, WI 53703-2559. In addition, the proposed Consent Decree may be examined electronically at http...

78 FR 59817 - Revision to United States Marshals Service Fees for Services

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-30

.... Federal Cost Accounting and Fee Setting Standards and Guidelines Being Used When developing fees for... imputed rents on land, buildings, and equipment;'' (c) ``management and supervisory costs;'' and (d... current costs to the United States Marshals Service for service of process in federal court proceedings. A...

Student Discipline and Access to Equal Educational Opportunities in the United States

ERIC Educational Resources Information Center

Cambron-McCabe, Nelda; McCarthy, Martha

2004-01-01

Courts and legislatures in the United States have looked closely at governmental practices that threaten students' educational opportunities. One area that has raised concerns is whether student discipline policies and procedures are equitable, fair, and effective. Substantial litigation has established that disciplinary actions must be…

78 FR 21629 - Notice of Lodging Proposed Consent Decree

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-11

... DEPARTMENT OF JUSTICE Notice of Lodging Proposed Consent Decree In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States v. Russ Huseby, Civil Action No. 09-3737 (JRT/LIB), was lodged with the United States District Court for the...

78 FR 11682 - Notice of Lodging of Proposed Settlement Under the Clean Air Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-02-19

... Court for the District of Kansas in the lawsuit entitled United States v. Koch Nitrogen Company, LLC, Civil Action No. 13-cv-02078. The Complaint states claims on behalf of the United States against Koch..., and Marshalltown, IA. Koch Nitrogen Company, LLC, will resolve its liability by paying a $380,000...

28 CFR 58.6 - Procedures for suspension and removal of panel trustees and standing trustees.

Code of Federal Regulations, 2010 CFR

2010-07-01

... communications in which the United States Trustee has advised the trustee of the potential action. The notice... clerk or the United States Trustee; (5) Substandard performance of general duties and case management in...) Action by or pending before a court or state licensing agency which calls the trustee's competence...

26 CFR 301.7403-1 - Action to enforce lien or to subject property to payment of tax.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Action to enforce lien or to subject property... Proceedings Civil Actions by the United States § 301.7403-1 Action to enforce lien or to subject property to... to be filed in a district court of the United States to enforce the lien of the United States under...

An American Perspective on Equal Educational Opportunities

ERIC Educational Resources Information Center

Russo, Charles; Perkins, Brian

2004-01-01

The United States Supreme Court ushered in a new era in American history on May 17, 1954 in its monumental ruling in "Brown v Board of Education," Topeka, Kansas. "Brown" is not only the Court's most significant decision on race and equal educational opportunities, but also ranks among the most important cases it has ever decided. In "Brown" a…

78 FR 22298 - United States v. Apple, Inc., et al.; Public Comments and Response on Proposed Final Judgment

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-15

... Section VII, Penguin also must designate an Antitrust Compliance Officer, who is required to distribute... antitrust laws; certify compliance with the Penguin Final Judgment; maintain a log of all communications... Circuit affirmed this Court's denial of Mr. Kohn's motion to intervene for purposes of appealing the Court...

78 FR 33437 - United States v. Apple, Inc., et al.; Public Comments and Response on Proposed Final Judgment

Federal Register 2010, 2011, 2012, 2013, 2014

2013-06-04

... must designate an Antitrust Compliance Officer, who is required to distribute copies of the Macmillan... compliance with the Macmillan Final Judgment; maintain a log of all communications between Macmillan and... Circuit affirmed this Court's denial of Mr. Kohn's motion to intervene for purposes of appealing the Court...

"Political Propaganda": An Analysis of the U.S. Supreme Court Decision in Meese v. Keene.

ERIC Educational Resources Information Center

Lipschultz, Jeremy Harris

The United States Supreme Court case, Meese v. Keene, in which the justices narrowly defined the meaning of the term "political propaganda," failed to address adequately the complexities of the issue. In this case it is necessary to bring together divergent views about communications in the analysis of the legal problem, including…

77 FR 23226 - U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

Federal Register 2010, 2011, 2012, 2013, 2014

2012-04-18

...: http://www.regulations.gov . Mail: Federal Docket Management System Office, 4800 Mark Center Drive...) Certificate for review/brief/answer/reply. (1) Article 62, UCMJ, cases. In cases involving a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 U.S.C. 862, a...

76 FR 4285 - Certain Cased Pencils From the People's Republic of China: Notice of Court Decision Not in...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-25

... the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of... respondents China First Pencil Co., Ltd. (``China First'') and Shanghai Three Star Stationery Industry Corp.... (``SFTC'') pursuant to the CIT's remand order in China First Pencil Co., Ltd. v. United States, 721 F...

Supreme Court Rulings on Abortion: Roe v. Wade and Selected Progeny

ERIC Educational Resources Information Center

Uerling, Donald F.

2006-01-01

Abortion is one of the most controversial and contentious issues of our time. Few topics generate as much public debate or leave as little room for political compromise. This article presents a discussion of selected United States Supreme Court decisions on abortion and the legal reasoning supporting those decisions. It should be noted initially…

"Brown v Board of Education" at 50: An Update on School Desegregation in the US

ERIC Educational Resources Information Center

Russo, Charles J.

2004-01-01

"Brown v Board of Education of Topeka, Kansas" (1954) ("Brown I"), is the United States Supreme Court's most significant ruling on education, if not of all time. In "Brown I", the Court unanimously held that "de jure" racial segregation in public schools violated the Equal Protection Clause of the Fourteenth…

77 FR 15561 - Requests for Testimony or the Production of Records in a Court or Other Proceedings in Which the...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-03-16

... regulations, after the Supreme Court's decision in United States ex rel. Touhy v. Regan, 340 U.S. 462 (1951..., telegrams, memoranda, facsimiles, reports, studies, calendar and diary entries, maps, graphs, pamphlets.... Legal proceeding means all pretrial, trial and post-trial stages of all judicial or administrative...

The Constitutional Case for Universal School Choice in Minnesota.

ERIC Educational Resources Information Center

Lerner, Jon S.

Proponents of school choice are looking for ways to make school choice that includes private and religious schools legally sound. This paper describes how a carefully designed plan for universal school choice would be consistent with key rulings of the United States Supreme Court and the Minnesota Supreme Court. The paper first describes the 1971…

Curious History: The ABA Code of Judicial Ethics Canon 35.

ERIC Educational Resources Information Center

Alexander, S. L.

With the latest appointment to the United States Supreme Court, five of the nine justices have indicated a willingness to consider some form of camera coverage in federal courts. The landmark cases, Estes versus Texas (1965) and Chandler versus Florida (1980), called for more data prior to reconsideration of the issue. An in-depth examination of…

"Not the Bus, but Us": George W. Bush and School Desegregation

ERIC Educational Resources Information Center

McAndrews, Larry

2009-01-01

In 1982 civil rights activist Rev. Jesse Jackson criticized President Ronald Reagan's attacks on busing to coerce school desegregation for targeting "not the bus, but us." Two decades later, the United States Supreme Court ended the thirty-two-year-old Charlotte, North Carolina, plan which had launched the era of court-ordered busing…

Revisiting James Crow: A Re-Look at Separate but Equal.

ERIC Educational Resources Information Center

Banks, Ivan W.

Numerous scholars, historians, and social scientists believe that the most significant decision made by the United States Supreme Court was handed down in the case of "Brown v. the Topeka Kansas Board of Education" (1954). In this case the court declared the legal principle of separate but equal as unconstitutional in public education. This paper…

The Young Oxford Companion to the Supreme Court of the United States.

ERIC Educational Resources Information Center

Patrick, John J.

This book, intended for juveniles and young students, provides an encyclopedic collection of reference information about the U.S. Supreme Court. The articles are arranged alphabetically to aid in looking up words, ideas, or names. Lists of "see also" entries are located at the end of articles to refer the reader to related subjects. The…

Equity from a Legal Perspective. Research and Development Series No. 214K.

ERIC Educational Resources Information Center

Richette, Lisa Aversa

The history of the development of equity--justice and fairness--can be traced through law and court cases. Early United States Supreme Court opinions (1873) on issues of newly asserted claims by women provide evidence of preconceptions concerning women and their stereotyped positions. Occupational exclusion was reinforced by law to maintain a…

The Supreme Court, Civil Rights, and Preference Policies: Judicial Decision Making Processes in the United States and India.

ERIC Educational Resources Information Center

Parikh, Sunita

1990-01-01

Presents a comparative analysis of the U.S. and Indian Supreme Courts' roles in civil rights and preference policies. Despite structural and historical differences, similarities exist in the development of such policies. Both are more concerned with fidelity to constitutional and statutory interpretations than to personal ideological viewpoints.…

77 FR 55529 - Endangered and Threatened Wildlife and Plants; Removal of the Gray Wolf in Wyoming From the...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-09-10

... recovery may be achieved without all criteria being fully met. For example, one or more criteria may have... in Wyoming dismissed the case (State of Wyoming, et al., v. United States Department of Interior, et... Wyoming Federal District Court issued an order dismissing the case (State of Wyoming, et al., v. United...

Eugenics and Involuntary Sterilization: 1907-2015.

PubMed

Reilly, Philip R

2015-01-01

In England during the late nineteenth century, intellectuals, especially Francis Galton, called for a variety of eugenic policies aimed at ensuring the health of the human species. In the United States, members of the Progressive movement embraced eugenic ideas, especially immigration restriction and sterilization. Indiana enacted the first eugenic sterilization law in 1907, and the US Supreme Court upheld such laws in 1927. State programs targeted institutionalized, mentally disabled women. Beginning in the late 1930s, proponents rationalized involuntary sterilization as protecting vulnerable women from unwanted pregnancy. By World War II, programs in the United States had sterilized approximately 60,000 persons. After the horrific revelations concerning Nazi eugenics (German Hereditary Health Courts approved at least 400,000 sterilization operations in less than a decade), eugenic sterilization programs in the United States declined rapidly. Simplistic eugenic thinking has faded, but coerced sterilization remains widespread, especially in China and India. In many parts of the world, involuntary sterilization is still intermittently used against minority groups.

14 CFR 1264.141 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1264.141 Section 1264.141... PENALTIES ACT OF 1986 § 1264.141 Judicial review. Section 3805 of Title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority head...

31 CFR 16.42 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 16.42 Section 16.42... FRAUD CIVIL REMEDIES ACT OF 1986 § 16.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the...

The Patentability of Living Organisms under 35 U.S.C. Section 101: In re Bergy.

ERIC Educational Resources Information Center

Harvard Law Review, 1978

1978-01-01

Examined is the In re Bergy decision in which a divided United States Court of Customs and Patent Appeals held that a living micro-organism was patentable under section 101 of the United States Code. Differing views and problems with the decision are also discussed. (JMD)

To designate the United States courthouse located at 501 East Court Street in Jackson, Mississippi, as the "R. Jess Brown United States Courthouse".

THOMAS, 113th Congress

Rep. Thompson, Bennie G. [D-MS-2

2013-02-06

Senate - 12/09/2014 Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (All Actions) Tracker: This bill has the status Passed HouseHere are the steps for Status of Legislation:

Bill of Rights in Tribal Constitutions. [First Draft].

ERIC Educational Resources Information Center

Rusco, Elmer R.

Because Native American societies are held by United States courts to possess rights of self-government where these rights have not been explicitly withdrawn, the constitutions of 280 Native American governments in the United States (exclusive of 219 in Alaska) were examined as they existed in September 1981 to determine the extent and character…

Discriminatory Religious Schools and Tax Exempt Status. Clearinghouse Publication 75.

ERIC Educational Resources Information Center

Chou, Donald; And Others

In light of two cases soon to be decided by the U.S. Supreme Court--"Bob Jones University v. United States" and "Goldsboro Christian Schools, Inc. v. United States"--this monograph discusses the issue of freedom of religion and racially discriminatory private religious schools. After noting the statutory basis of tax-exempt…

78 FR 4168 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-01-18

... District Court for the District of Oregon in the lawsuit entitled United States v. Granite Construction... company resolves the United States' claims against Granite for civil penalties and injunctive relief... tributaries of the Yaquina River. These discharges occurred during the construction of the Highway 20...

What Changes Are Most Needed in the Procedures Used in the United States Justice System? National Debate Topic for High Schools, 1983-1984, Pursuant to Public Law 88-246. Senate, 98th Congress, 1st Session, Document No. 98-5.

ERIC Educational Resources Information Center

Library of Congress, Washington, DC. Congressional Research Service.

Designed to facilitate research on and the preparation and presentation of arguments for the national debate topic, this manual summarizes the present state of the judiciary and court reform issues. The volume begins with a collection of articles, statements, and reports that present a general background on the justice system and court reform.…

Physician assisted suicide and the Supreme Court: putting the constitutional claim to rest.

PubMed Central

Mariner, W K

1997-01-01

Like the debate about many controversial questions of ethics and medical care in America, public debate about physician assisted suicide became focused on questions of constitutional law. On June 26, 1997, the United States Supreme Court unanimously rejected any constitutional right of terminally ill patients to physician assisted suicide. An analysis of the Court's reasoning reveals that its decisions resolved only a narrow constitutional question that affects relatively few people--mentally competent, terminally ill patients who wish to hasten their imminent deaths by having a physician prescribe medication that they intend to use to commit suicide. Although suicide is not a crime, states remain free to prohibit assisted suicide. One consequence of the Court's decisions may be renewed debate on state laws. A more productive result would be to address the broader public health concerns that gave rise to support for physician assisted suicide--inadequate care for the terminally ill and prevention of suicide. PMID:9431307

"New York Times v. Sullivan": A Reassessment of the Court's Analysis of the Seditious Libel Doctrine.

ERIC Educational Resources Information Center

Herbeck, Dale A.; Fishman, Donald

The United States Supreme Court in New York Times v. Sullivan (1964) extended the scope of protection provided to the press when covering public officials, requiring officials claiming libel by the press to prove "actual malice" (knowledge of falsity or reckless disregard of truth or falsity). The Alien and Sedition Acts of 1798 limited…

Student Injuries and Negligence: Lessons from the International Scene with Implications for Singapore's Educators

ERIC Educational Resources Information Center

Teh, Kim

2008-01-01

Many jurisdictions are showing a trend of school-related negligence cases being taken to court. This article explores the legal principles applied by the courts in England, Australia, Canada, the United States, and New Zealand to ensure the safety of students in schools. As we look at the developments in these countries, we can see student injury…

77 FR 37553 - Requests for Testimony or the Production of Records in a Court or Other Proceedings in Which the...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-06-22

... or the Production of Records in a Court or Other Proceedings in Which the United States Is Not a... 22202-3940. Attention: Office of General Counsel. FOR FURTHER INFORMATION CONTACT: Hugo Teufel, General... contains regulatory documents #0;having general applicability and legal effect, most of which are keyed #0...

75 FR 30793 - U.S. Court of Appeals for the Armed Forces Proposed Change to Electronic Filing Guidelines

Federal Register 2010, 2011, 2012, 2013, 2014

2010-06-02

... nature of the pleading will be included in the body of the electronic mail message. c. The pleading shall..., Department of Defense. Proposed New Order for Electronic Filing of Pleadings Effective (date), all pleadings... Electronic Filing of Pleadings 1. Scope. The United States Court of Appeals for the Armed Forces adopts the...

Inventors and their attorneys must beware of their actions before the US Patent and Trademark Office.

PubMed

Warburg, Richard; Nguyen, Lauren

2004-04-01

Inventors and their legal representative have a duty to disclose all material information of which they are aware to the United States Patent and Trademark Office (USPTO). Breach of this duty, combined with an intent to deceive the USPTO, can result in a court finding of inequitable conduct. Consequently, a patent will be rendered unenforceable upon a court's determination of inequitable conduct. To help understand the requirements of the duty of disclosure, a discussion highlighting recent court decisions pertaining to the issue of inequitable conduct is presented.

Supreme Court of the United States Syllabus: Hortonville Joint School District No. 1 et al. v. Hortonville Education Assn. et al. Certiorari to the Supreme Court of Wisconsin. No. 74-1606. Argued February 23-24, 1976--Decided June 17, 1976.

ERIC Educational Resources Information Center

Supreme Court of the U. S., Washington, DC.

This publication presents the full text of the U.S. Supreme Court's decision in Hortonville Joint School District No. 1 et al. v. Hortonville Education Association et al., as written by Chief Justice Burger. Also included is the text of the dissenting opinion written by Justice Stewart, as well as a brief syllabus that summarizes the major issues…

Firearms and health: the right to be armed with accurate information about the Second Amendment.

PubMed Central

Vernick, J S; Teret, S P

1993-01-01

An organized campaign by groups such as the National Rifle Association has sought to convince policymakers and others that the Second Amendment to the US Constitution grants an unfettered right to individuals to possess any firearm, free from federal or state regulation. Although advocates may debate the meaning that should be given to the Second Amendment, under the American legal system the meaning of any particular constitutional provision is determined by the controlling precedent of Supreme Court cases. Two cases, Presser v Illinois and United States v Miller, remain the Supreme Court's latest word on the meaning of the Second Amendment. In Presser, the Court held that the Second Amendment is applicable only to federal, not state, laws. In Miller and subsequent federal cases, any Second Amendment "right" to bear arms is closely linked to the preservation of state militias, upholding a variety of federal gun legislation. Unless the Supreme Court modifies or reverses its Presser and Miller decisions, health advocates should understand that the Second Amendment poses no obstacle to even broad gun control legislation. PMID:8259817

25. FOLSOM, CALIFORNIA, 15 MINUTE QUADRANGLE. 1941. Scale 1:62,500. United ...

Library of Congress Historic Buildings Survey, Historic Engineering Record, Historic Landscapes Survey

25. FOLSOM, CALIFORNIA, 15 MINUTE QUADRANGLE. 1941. Scale 1:62,500. United States Geological Survey. - Natomas Ditch System, Rhoades' Branch Ditch, Approximately 7 miles between Nesmith Court and White Rock Road, Folsom, Sacramento County, CA

Reproductive Health Services v. Webster, 17 March 1987, amended on 30 April 1987.

PubMed

1987-01-01

The plaintiff physicians and organizations providing abortion-related services challenged the constitutionality of provisions of a Missouri statute that a) state that life begins at conception and that unborn children have a protectable interest in life, health, and well being; b) require a physician to inform a woman seeking an abortion of certain facts; c) require all post sixteen-week abortions to be performed in a hospital; d) require certain tests to be performed in order to determine gestational age and viability; and e) prohibit the use of public funds, public employees, and public facilities for performing or assisting an abortion or encouraging or counseling an abortion except to save a woman's life. The Court ruled that all of these provisions were unconstitutional and in conflict with its previous rulings on a woman's right to obtain an abortion. In a related case the United States District Court, E.D. Missouri, E.D., held that the plaintiff physicians could not attack a statement of intent of the same law, which provides that "It is the intention of the general assembly of the state of Missouri to grant the right to life to all humans, born and unborn, and to regulate abortion to the full extent permitted by the Constitution of the United States, decisions of the United States Supreme Court, and federal statutes." See Women's Health Ctr. of West Cty. v. Webster, 24 September 1987, 670 F.Supp. 845. full text

78 FR 79484 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-30

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On December 24, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Southern District of Indiana in the lawsuit entitled United States of America and the State of Indiana v. City of Crawfordsvill...

78 FR 46369 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-31

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 23, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Texas in the lawsuit entitled United States and State of Texas v. San Antonio Water System, Civil Action No. 5...

Good cop, bad cop: federal prosecution of state-legalized medical marijuana use after United States v. Lopez.

PubMed

Newbern, A E

2000-10-01

The Supreme Court's recent decisions in United States v. Lopez and United States v. Morrison articulate a vision of federalism under which Congress's regulatory authority under the Commerce Clause is severely limited in favor of returning traditional areas of state concern, particularly criminal law enforcement, to local or state control. The Court's decisions in these cases coincide with ballot initiatives legalizing the medical use of marijuana garnering a majority of the vote in California, Arizona, Alaska, Colorado, Nevada, Oregon, Washington, Maine, and Washington D.C. Those who use marijuana for medical purposes under sanction of state law, however, still face the threat of federal prosecution under the Controlled Substances Act. Medical marijuana proponents have traditionally, and unsuccessfully, contested federal prosecution using individual rights arguments under theories of equal protection or substantive due process. This Comment argues that after Lopez and Morrison, the federal government's authority to regulate intrastate use of marijuana for medicinal purposes is not the foregone conclusion it once was. The author suggests that proponents of medical marijuana use should invoke the federalism arguments of Lopez and Morrison and argue for state legislative independence from the federal government on this issue.

78 FR 58520 - Extruded Rubber Thread From Malaysia; Notice of Amended Final Results of Antidumping Duty...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-24

... (Mar. 16, 1998) (Final Results). Following the publication of the final results, Heveafil Sdn. Bhd.\\2\\ and Filmax Sdn. Bhd. (collectively, ``Heveafil'') filed a lawsuit with the United States Court of...\\ \\2\\ Heveafil Sdn. Bhd. is also known as Heveafil Sdn. \\3\\ See Heveafil et al. v. United States, Slip...

76 FR 15998 - Notice of Lodging of Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-22

... DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act Notice is hereby given that on March 14, 2011, a proposed consent decree in United States v. Consol Energy, Inc., et al., Civil Action No. 1:11-cv-00028, was lodged with the United States District Court for the...

"Los Papeles No Trabajan": The Papers Don't Do the Work

ERIC Educational Resources Information Center

Hones, Donald; Cifuentes, Persida

2012-01-01

Schools across the United States serve children from families that have crossed the U.S. border without documents. Some of these children have crossed the border themselves. For teachers and other educators, the Supreme Court decision of "Plyler v. Doe" (1982) has set the precedent that all children in the United States are entitled to a…

Effectiveness of forestry BMPS for stream crossing sediment reduction using rainfall simulation

Treesearch

Brian C. Morris; M. Chad Bolding; W. Michael Aust

2015-01-01

Recent decisions by the United States Supreme Court and United States Environmental Protection Agency (EPA) have re-emphasized the importance of forestry best management practices (BMPs) at stream crossings. Stream crossings are potential major sources of sediment due to their direct connectivity between the potential erosion source and the stream, which eliminates...

Importance of Carolina Bays to the Avifauna of Pinelands in the Southeastern United States

Treesearch

Stephen Czapka; John Kilgo

2011-01-01

Past anthropogenic activity has led to the destruction or alteration of Carolina bay wetlands throughout the southeastern United States. Presently, urban development, combined with a 2001 ruling by the US Supreme Court relaxing protection of isolated wetlands, poses an increasing threat to these and other isolated wetland systems; however, little information exists on...

Multicultural Educational Experiences in Rural Education Programs. Lessons from Early Childhood Programs

ERIC Educational Resources Information Center

Nganga, Lydiah; Kambutu, John

2005-01-01

Background: Public schools in the United States are still segregated along cultural and racial lines 50 years after the 1954 Supreme Court's ruling. For example, Orfield and Lee, 2004; and Orfield, 2001) indicated that White student in the United States attended schools that were 80 percent White. Ethnic minority children (children of color),…

Commentary on the United States v. Fordice: An Analysis of Desegregation in Mississippi Higher Education.

ERIC Educational Resources Information Center

Brown, M. Christopher, II; Jackson-Fobbs, Shelia

This paper examines the historical background leading to the Supreme Court case of United States vs. Fordice concerning the issue of desegregation in Mississippi's higher education system. The paper focuses on the problems this decision raised regarding eight public colleges that had enrollments and mission statements classifying them as either…

Improving graduation rates for African Americans in drug court: Importance of human relationships and barriers to gaining and sustaining employment.

PubMed

Gallagher, John Robert; Nordberg, Anne; Dibley, Alyssa R

2017-11-16

Drug courts have been an important part of the criminal justice system since 1989. They continue to expand throughout the United States because nearly three decades of research has shown that they are more effective than other interventions, such as traditional probation. There is a pattern, though, in some drug courts where African Americans are less likely to graduate than their Caucasian counterparts. This qualitative study explores this phenomenon by asking African American participants (n = 31) their views on the most helpful aspects of drug court and how drug court could be more helpful in supporting them in graduating the program. Participants felt that the respect and compassion they received from the drug court judge and their case managers, as well as the camaraderie they developed with other participants, was an aspect of drug court that supported them in graduating the program. Next, participants felt that graduation rates would improve if drug court better supported them in gaining employment or sustaining the employment they already had. Implications for drug court practice are discussed.

Uses of Extra-Legal Sources in "Amicus Curiae" Briefs Submitted in "Fisher v. University of Texas at Austin"

ERIC Educational Resources Information Center

Marin, Patricia; Horn, Catherine L.; Miksch, Karen; Garces, Liliana M.; Yun, John T.

2018-01-01

As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to…

76 FR 41332 - Sentencing Guidelines for the United States Courts

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-13

... 1B1.10 that is in effect on the date on which the court reduces the defendant's term of imprisonment.... Part A amended the Drug Quantity Table in 2D1.1 for crack cocaine and made related revisions to... possessed more than 5 grams of crack cocaine was sentenced under 2D1.1.''. The Commentary to 1B1.10...

When a Trial Becomes a Political Circus: Cases that Brought our Court System to the Breaking Point.

ERIC Educational Resources Information Center

White, Charles

1981-01-01

Reviews court litigation during the 19th and 20th centuries in the United States which was blatantly political. Also questions the extent to which political influences in the courtroom pose a threat to the administration of justice. Cases include anarchist trials of the late 1800s, the Debs Case, and the Sacco-Vanzetti Case. (DB)

Montana's courting of physician aid in dying. Could Des Moines follow suit?

PubMed

Svenson, Arthur G

2010-09-01

Montana recently joined Oregon and Washington as the only states in the nation to legalize the choice among terminally ill adults to hasten death by self-administering a lethal dose of drugs prescribed by a physician. Unlike Oregon and Washington, however, Montana's legalization of physician aid in dying (PAID) resulted not from public consideration of a statewide initiative, but from the judicial resolution of a lawsuit, Baxter v. Montana. As originally conceived, a trial judge reasoned that the unenumerated right to PAID is embraced by enumerated state constitutional rights to privacy and dignity. On appeal, Montana's supreme court jettisoned this construct, and, in its place, fashioned a legal home for PAID out of state homicide, consent defense, and end-of-life statutes. Central to this court's statutory rendering is the finding that state law, allowing terminally ill Montanans sustained by life support to withdraw such treatment and die, discriminates against terminally ill Montanans not sustained by life support who seek death; these classes are similar, the justices reckoned, entitling both to choose death. This analysis examines Montana's courting of PAID, offering textual examination of state trial and appellate court opinions, an accounting of legal strategies advanced in amici curiae briefs, and commentary about the problems and prospects with Baxter's holding. I argue, ultimately, that the equality principles statutorily conceived in Baxter (1) could be parroted in the vast majority of states that both criminalize assisted suicide and enumerate constitutional equal protection guarantees, and (2) could replace sub silentio the equal protection paradigm applied to "physician-assisted suicide" by the United States Supreme Court in its landmark Vacco v. Quill ruling.

When courts intervene: public health, legal and ethical issues surrounding HIV, pregnant women, and newborn infants.

PubMed

Tessmer-Tuck, Jennifer A; Poku, Joseph K; Burkle, Christopher M

2014-11-01

Ninety-three percent of pediatric AIDS cases are the result of perinatal HIV transmission, a disease that is almost entirely preventable with early intervention, which reduces the risk of perinatal HIV infection from 25% to <2%. The American College of Obstetricians and Gynecologists and the American Academy of Pediatrics both recommend routine HIV testing of all pregnant women and at-risk newborn infants. When pregnant women decline HIV testing and/or treatment, public health, legal, and ethical dilemmas can result. Federal courts consistently uphold a woman's right to refuse medical testing and treatment, even though it may benefit her fetus/newborn infant. Federal courts also reliably respect the rights of parents to make health care decisions for their newborn infants, which may include declining medical testing and treatment. Confusing the issue of HIV testing and treatment, however, is the fact that there is no definitive United States Supreme Court ruling on the issue. State laws and standards vary widely and serve as guiding principles for practicing clinicians, who must be vigilant of ongoing legal challenges and changes in the states in which they practice. We present a case of an HIV-positive pregnant woman who declined treatment and then testing or treatment of her newborn infant. Ultimately, the legal system intervened. Given the rarity of such cases, we use this as a primer for the practicing clinician to highlight the public health, legal, and ethical issues surrounding prenatal and newborn infant HIV testing and treatment in the United States, including summarizing key state-to-state regulatory differences. Copyright © 2014 Elsevier Inc. All rights reserved.

34 CFR 361.10 - Submission, approval, and disapproval of the State plan.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 34 Education 2 2010-07-01 2010-07-01 false Submission, approval, and disapproval of the State plan...) OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION STATE VOCATIONAL... decision to disapprove the State plan by filing a petition for review with the United States Court of...

A bill to amend title 38, United States Code, to require judges of the United States Court of Appeals for Veterans Claims to reside within fifty miles of the District of Columbia, and for other purposes.

THOMAS, 112th Congress

Sen. Burr, Richard [R-NC

2012-01-31

House - 01/02/2013 Referred to the Subcommittee on Disability Assistance and Memorial Affairs. (All Actions) Tracker: This bill has the status Passed SenateHere are the steps for Status of Legislation:

A bill to designate the United States courthouse located at 211 South Court Street, Rockford, Illinois, as the "Stanley J. Roszkowski United States Courthouse".

THOMAS, 111th Congress

Sen. Durbin, Richard J. [D-IL

2009-02-05

House - 04/23/2009 For further action see P.L. 111-14. (All Actions) Notes: For further action, see S.520, which became Public Law 111-14 on 4/23/2009. Tracker: This bill has the status Passed SenateHere are the steps for Status of Legislation:

Definition of spouse under the Family and Medical Leave Act. Final rule.

PubMed

2015-02-25

The Department of Labor's (Department) Wage and Hour Division (WHD) revises the regulation defining "spouse" under the Family and Medical Leave Act of 1993 (FMLA or the Act) in light of the United States Supreme Court's decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional.

Christ-Centered, Diverse, and Academically Excellent: The Origins of a Possible Model for Christian Schooling in the Twenty-First Century

ERIC Educational Resources Information Center

Green, James

2006-01-01

During the last third of the twentieth century, Christian schooling in the United States was typically identified with the growing conservative, evangelical Protestant movement of that time period. After several United States Supreme Court cases had effectively secularized public schooling by the mid-1960s, the American educational landscape was…

"The Progressive," the Bomb and the Papers. Journalism Monographs Number Seventy-Six.

ERIC Educational Resources Information Center

Swain, Bruce M.

In the "United States v. the 'Progressive'," the United States government took a small left-wing magazine to court to prevent publication of an article on how a hydrogen bomb works. Amidst great controversy over what the article described and what data were secret and what were not, a federal judge granted an injunction against the…

From Segregation to School Finance: The Legal Context for Language Rights in the United States

ERIC Educational Resources Information Center

Powers, Jeanne M.

2014-01-01

In this chapter, the author reviews the legal trajectory of language rights in public schooling in the United States and how language has been intertwined with other policy issues in court cases aimed at expanding access and equity for minority students: desegregation and school finance. Most of these cases originated in the Southwestern United…

78 FR 42801 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-17

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 11, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Eastern District of North Carolina (Southern Division) in the lawsuit entitled United States v. City of Wilmington, N.C., New...

78 FR 61867 - Notice of Lodging of Proposed Consent Decree Under the Safe Drinking Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-10-04

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Safe Drinking Water Act On September 26, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Montana, Great Falls Division, in the lawsuit entitled United States v. Gros Ventre and Assiniboine Tribes...

78 FR 65385 - Notice of Lodging of Proposed Consent Decree Under the Safe Drinking Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-10-31

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Safe Drinking Water Act On Wednesday, October 23, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Utah (Central Division) in the lawsuit entitled United States v. Newfield Production Company,...

77 FR 60461 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2012-10-03

... regulations that govern preparations for responding to oil spills at the defendant's petroleum terminal in... District Court for the District of Maryland in the lawsuit entitled United States v. BP Products North... Division, and should refer to United States v. BP Products North America, Inc., D.J. Ref. No. 90-5-1-1...

77 FR 60142 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

Federal Register 2010, 2011, 2012, 2013, 2014

2012-10-02

... District Court for the District of Arizona in the lawsuit entitled United States v. CEMEX Construction... resolves the civil claims alleged in the complaint and in the Finding and Notice of Violation issued to the... Division, and should refer to United States v. CEMEX Construction Materials South, LLC, D.J. Ref. No. 90-5...

Summary of technical testimony in the Colorado Water Division 1 Trial

Treesearch

Nancy (Tech. Coord.) Gordon

1995-01-01

The Colorado Water Division 1 Water Rights Trial was one of the most significant federal reserved instream flow water rights cases to occur since the Supreme Court of the United States ruled in the case of United States v. New Mexico in 1978. This document summarize the large amount of technical data and information pertaining to the disciplines of geomorphology,...

75 FR 19357 - Honey From the People's Republic of China: Notice of Amended Final Results Pursuant to Final...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-04-14

... Animal By-Products Import & Export Group Corp. v. United States, Court 2008 Ct. Intl. Trade LEXIS 123... and Animal By-Products Import & Export Group Corp. v. United States, 2009 U.S. App. LEXIS 24374 (Fed... Co., Ltd., Jinfu and Zhejiang Native Produce and Animal By-Products Import & Export Group Corp...

14 CFR 13.18 - Civil penalties: Administrative assessment against an individual acting as a pilot, flight...

Code of Federal Regulations, 2014 CFR

2014-01-01

... the United States for the circuit in which the individual charged resides or has his or her principal place of business or the United States Court of Appeals for the District of Columbia Circuit, under 49 U... of assessment, or (ii) Making an electronic funds transfer according to the directions specified in...

14 CFR 13.18 - Civil penalties: Administrative assessment against an individual acting as a pilot, flight...

Code of Federal Regulations, 2012 CFR

2012-01-01

... the United States for the circuit in which the individual charged resides or has his or her principal place of business or the United States Court of Appeals for the District of Columbia Circuit, under 49 U... of assessment, or (ii) Making an electronic funds transfer according to the directions specified in...

14 CFR 13.18 - Civil penalties: Administrative assessment against an individual acting as a pilot, flight...

Code of Federal Regulations, 2011 CFR

2011-01-01

... the United States for the circuit in which the individual charged resides or has his or her principal place of business or the United States Court of Appeals for the District of Columbia Circuit, under 49 U... of assessment, or (ii) Making an electronic funds transfer according to the directions specified in...

14 CFR 13.18 - Civil penalties: Administrative assessment against an individual acting as a pilot, flight...

Code of Federal Regulations, 2010 CFR

2010-01-01

... the United States for the circuit in which the individual charged resides or has his or her principal place of business or the United States Court of Appeals for the District of Columbia Circuit, under 49 U... of assessment, or (ii) Making an electronic funds transfer according to the directions specified in...

In the aftermath of State v. Becker: a review of state and federal jury instructions on insanity acquittal disposition.

PubMed

Piel, Jennifer

2012-01-01

An important topic related to the insanity defense is what jurors should be told about the disposition of a defendant found not guilty by reason of insanity (NGRI). In the federal court system, jurors are not instructed about the consequences of an NGRI verdict. State courts, however, are divided on the question. The federal precedent, Shannon v. United States, and the most recent state case to rule on NGRI juror instructions, State v. Becker, are reviewed in detail. What follows is the author's critique of the principal arguments for and against a jury instruction on NGRI disposition. The author argues in favor of a jury instruction on the consequences of an NGRI verdict.

Village of Arlington Heights et al. v. Metropolitan Housing Development Corp. et al. Certiorari to the United States Court of Appeals for the Seventh Circuit. Syllabus.

ERIC Educational Resources Information Center

Supreme Court of the U. S., Washington, DC.

This document presents the Supreme Court decision in the law suit between the Village of Arlington Heights, Illinois, and the Metropolitan Housing Development Corporation (MHDC). MHDC, a nonprofit developer contracted to purchase a tract within the boundaries of the Village of Arlington Heights, Illinois in order to build racially integrated low…

Treating Substance Abuse Offenders in the Southwestern United States: A Report Evaluating the Long-Term Effectiveness of the Yuma County Adult Drug Court

ERIC Educational Resources Information Center

McCarthy, Sherri; Waters, Thomas Franklin

2003-01-01

This report summarizes data gathered from the 64 graduates of the Yuma County Drug Court from 1998 to 2001. Those who agreed to participate were interviewed at 3, 6, 12 and/or 18 months after graduation. Instruments used included the Addiction Severity Index, the CSAT GPRA Client Outcomes Measure for Discretionary Programs and a questionnaire…

The government's best offense is deference: the decision of the Supreme Court in Shalala v. Guernsey Memorial Hospital.

PubMed

Roth, R L

1995-01-01

The United States Supreme Court agreed with the Secretary of Health and Human Services that Guernsey Memorial Hospital's advance refunding transaction costs would be subject to a medicare reimbursement policy that is not based upon generally accepted accounting principles. According to the sharp dissent in this case, this policy, set forth in a manual provision, contradicts federal regulations.

78 FR 30271 - Stainless Steel Plate in Coils From Belgium, South Africa, and Taiwan: Notice of Court Decision...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-05-22

... nominal thickness of 4.75 mm, but an actual thickness of less than 4.75 mm.\\4\\ \\1\\ See ArcelorMittal....75 millimeters (mm), but an actual thickness of less than 4.75 mm, is subject to the AD and CVD Orders on SSPC.\\1\\ On March 26, 2013, the United States Court of International Trade (CIT) sustained the...

78 FR 70961 - Notice of Filing of Proposed Settlement Agreement Under the Comprehensive Environmental Response...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-11-27

... United States Bankruptcy Court for the Southern District of Texas in the matters entitled In re: CES... property owned by the estate for $3.75. Should the property sell for more than $3.75 million, the United...

77 FR 32901 - State Enforcement of Household Goods Consumer Protection

Federal Register 2010, 2011, 2012, 2013, 2014

2012-06-04

... enforce certain consumer protection provisions of Title 49 of the United States Code (U.S.C.) and related... bring civil actions in the U.S. district courts to enforce the consumer protection provisions that apply..., 386, and 387 State Enforcement of Household Goods Consumer Protection AGENCY: Federal Motor Carrier...

Superfund explanation of significant difference for the record of decision (EPA region 2): Love Canal, Niagara Falls, NY, September 5, 1996

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

NONE

The United States Environmental Protection Agency (EPA) and the New York State Department of Environmental Conservation (NYSDEC) announce this Explanation of Significant Differences (ESD) to explain modifications to the selected remedy for the final destruction and disposal of Love Canal dioxin-contaminated sewer and creek sediments. These modifications are embodied in proposed changes to a partial consent decree between the United States and the State of New York and the Occidental Chemical Corporation (OCC) in the United States District Court for the Western District of New York.

To confer upon the United States Court of Federal Claims jurisdiction to hear, determine, and render final judgment on any legal or equitable claim against the United States to receive just compensation for the taking of certain lands in the State of Missouri, and for other purposes.

THOMAS, 111th Congress

Rep. Carnahan, Russ [D-MO-3

2009-07-08

House - 08/19/2009 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:

Judicial oversight of life-ending withdrawal of assisted nutrition and hydration in disorders of consciousness in the United Kingdom: A matter of life and death

PubMed Central

Rady, Mohamed Y; Verheijde, Joseph L.

2017-01-01

Mr Justice Baker delivered the Oxford Shrieval Lecture ‘A Matter of Life and Death’ on 11 October 2016. The lecture created public controversies about who can authorise withdrawal of assisted nutrition and hydration (ANH) in disorders of consciousness (DOC). The law requires court permission in ‘best interests’ decisions before ANH withdrawal only in permanent vegetative state and minimally conscious state. Some clinicians favour abandoning the need for court approval on the basis that clinicians are already empowered to withdraw ANH in other common conditions of DOC (e.g. coma, neurological disorders, etc.) based on their best interests assessment without court oversight. We set out a rationale in support of court oversight of best interests decisions in ANH withdrawal intended to end life in any person with DOC (who will lack relevant decision-making capacity). This ensures the safety of the general public and the protection of vulnerable disabled persons in society. PMID:28368210

78 FR 58559 - United States

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-24

... license to ten Modelo Brand Beers, including Corona Extra, this country's bestselling imported beer and... failure of the government to discharge its duty, the Court, in making its public interest finding, should...

From the Civil War to 9/11: Democracy and the Right to a Fair Trial

ERIC Educational Resources Information Center

Marcus, Alan S.

2011-01-01

In the United States, the right to a fair trial is protected by the Constitution. The ideal of justice is a critical underpinning of the democracy. However, while the United States is a model of an honorable and just court system most of the time, our constitutional rights are occasionally stretched or broken. The rationale is often national…

78 FR 44599 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-24

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 15, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the Western District of Arkansas in the lawsuit entitled United States v. Lion Oil Company, Civil Action No. 1:13-cv-01059-SOH. The...

78 FR 40769 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-08

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 1, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of Kansas in the lawsuit entitled United States v. Kansas Department of Transportation, Civil Action No. 13-cv-04069. The...

78 FR 68093 - Notice of Lodging of Consent Decree; Pursuant to the Resource Conservation and Recovery Act and...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-11-13

... DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree; Pursuant to the Resource Conservation and Recovery Act and the Clean Water Act On October 28, 2013, the Department of Justice lodged a proposed Consent Decree (``Decree'') in the United States District Court for the Eastern District of Kentucky in the lawsuit entitled United States of...

78 FR 42802 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, Clean Air Act, and...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-17

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act On July 11, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the Western District of Arkansas in the lawsuit entitled United States v....

78 FR 65384 - Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-10-31

... DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Clean Water Act On September 30, 2013, the Department of Justice lodged a proposed Consent Decree (``Decree'') in the United States District Court for the Western District of Tennessee in the lawsuit entitled United States of America v. ConAgra Foods, Inc., and ConAgra...

78 FR 23957 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-23

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On April 4, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of New Hampshire in the lawsuit entitled United States v. Torromeo Industries, Inc., Civil Action No. 1:10-cv-509-JL....

78 FR 73206 - Notice of Lodging of Proposed Consent Decree Under the Safe Drinking Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-05

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Safe Drinking Water Act On November 23, 2013 the Department of Justice lodged a proposed Consent Decree (``Decree'') with the United States District Court for the District of Wyoming in the lawsuit entitled United States v. Bryan Pownall, Civil Action No. 13-CV-142-F....

78 FR 79008 - Notice of Lodging of Proposed Consent Decree under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-27

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree under the Clean Water Act On December 19, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Connecticut in the lawsuit entitled United States v. City of West Haven, Connecticut, Civil Action No. 3:13-cv-0188...

78 FR 34406 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-06-07

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On June 3, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of Idaho in the lawsuit entitled United States v. Davisco Foods International, Inc., Civil Action No. 11-cv-00458-EJL CV...

77 FR 75446 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-20

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On December 13, 2012, the Department of Justice lodged a proposed a consent decree with the United States District Court for the Middle District of Pennsylvania in the lawsuit entitled United States v. Sewer Authority of the City of Scranton, Civil Actio...

78 FR 41422 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-10

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 3rd, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the Western District of Arkansas in the lawsuit entitled United States v. Great Lakes Chemical Company, Civil Action No. 1:13-cv-01058...

Liability and Remedies for School Segregation in the United States and the European Union. Working Paper #44

ERIC Educational Resources Information Center

Bowman, Kristi; Nantl, Jiri

2014-01-01

In 1954, the United States Supreme Court decided "Brown v. Board of Education," a case that is known throughout the US and around the world for its strong statements about equality and about the importance of education. The years since the "Brown" decision have been filled with many changes in US law and society. From the…

Judicial Activism and the Origins of Parental Choice: The Court's Role in the Institutionalization of Compulsory Education in the United States, 1891-1925

ERIC Educational Resources Information Center

Provasnik, Stephen

2006-01-01

A considerable body of scholarship has examined the history of compulsory attendance in the United States in an effort to explain why compulsory attendance laws were enacted, what effects they had on school attendance rates, and what made enforcement of these laws effective eventually. Recent research has revealed that some long-standing…

77 FR 56674 - United States v. Humana Inc. and Arcadian Management Services, Inc.; Public Comment and Response...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-09-13

.... Standard of Judicial Review The Clayton Act, as amended by the APPA, requires that proposed consent...-interest standard under the Tunney Act); United States v. InBev N.V./S.A., 2009-2 Trade Cas. (CCH) ] 76,736.... Mass. 1975) (noting that, in this way, the court is constrained to ``look at the overall picture not...

Health Implications of the Supreme Court's Obergefell vs. Hodges Marriage Equality Decision

PubMed Central

2015-01-01

Abstract The United States Supreme Court's Obergefell vs. Hodges groundbreaking marriage equality decision also created new terrain for lesbian, gay, bisexual, and transgender (LGBT) persons regarding health, healthcare, and health benefits. This article addresses the health implications of this decision by examining its impact on minority stress and stigmatization and health-related benefits. It also includes a discussion of several impending issues affecting LGBT health that remain after Obergefell. PMID:26788668

Statement of Mark R. Disler, Deputy Assistant Attorney General, Civil Rights Division, before the Committee on Labor and Human Resources, United States Senate, Concerning Grove City Legislation.

ERIC Educational Resources Information Center

Disler, Mark R.

Testimony concerning the Supreme Court decisions in the case of Grove City College v. Bell (1984) is presented in this document. The Courts ruling that Federal aid to a student constitutes funding only of the college's student air program, nor the entire institution, reflected the more persuasive reading of the Title IX Education Amendments,…

Health Implications of the Supreme Court's Obergefell vs. Hodges Marriage Equality Decision.

PubMed

Perone, Angela K

2015-09-01

The United States Supreme Court's Obergefell vs. Hodges groundbreaking marriage equality decision also created new terrain for lesbian, gay, bisexual, and transgender (LGBT) persons regarding health, healthcare, and health benefits. This article addresses the health implications of this decision by examining its impact on minority stress and stigmatization and health-related benefits. It also includes a discussion of several impending issues affecting LGBT health that remain after Obergefell.

The Oregon Court of Appeals and the State Civil Commitment Statute.

PubMed

Bloom, Joseph D; Britton, Juliet; Berry, Wil

2017-03-01

In 1973 the Oregon Legislature passed a major revision of its civil commitment law adopting changes that mirrored those taking place across the United States. The new sections offered significant protections of the rights of individuals who are alleged to have mental illness, a limitation on the length of commitment, the adoption of both dangerousness and gravely disabled type commitment criteria and the adoption of "beyond a reasonable doubt" as the standard of proof for commitment hearings. From 1973 to the present time, the Oregon Court of Appeals adjudicated a large number of appeals emanating from civil commitment courts. This article is based on a review of 98 written Oregon Court of Appeals commitment decisions from the years 1998 through 2015 and is accompanied by a review of legislative intent in 1973. It appears that the court of appeals has significantly altered the 1973 legislative changes by moving the dangerousness criteria to imminence and the gravely disabled criteria to a focus on survival. Empirically, civil commitment has dramatically decreased in Oregon over a 40-year period and the case law, as developed by Oregon Court of Appeals, has had a significant contributing role in this reduction. © 2017 American Academy of Psychiatry and the Law.

Finance.

ERIC Educational Resources Information Center

MacPhail-Wilcox, Bettye; Beezer, Bruce

In 1988, there were two United States Supreme Court decisions regarding school finance. One decision upheld the constitutionality of a North Dakota statute regarding transportation fees, and the other decision ruled that interest from state and local government bearer bonds was subject to federal income taxation. Cases discussed in this chapter…

Reporter Licensing.

ERIC Educational Resources Information Center

Henderson, Leslie C.

This report reviews some of the efforts to license news reporters. The review summarizes court litigation concerning city and state legislation and federal efforts to screen or regulate the movements of journalists covering political news events. Highlighting the report are discussions of the United States Secret Service's role in issuing White…

78 FR 49684 - Approval and Disapproval of Air Quality State Implementation Plans; Arizona; Regional Haze and...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-15

... Francisco, CA 94105. Gregory Nudd can be reached at telephone number (415) 947-4107 and via electronic mail... in the United States Court of Appeals for the appropriate circuit by September 28, 2013.'' 3. On page...

8 CFR 1244.10 - Decision by the director or Administrative Appeals Unit (AAU).

Code of Federal Regulations, 2010 CFR

2010-01-01

... Appeals Unit (AAU). 1244.10 Section 1244.10 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES... presently filed with the Immigration Court. (3) If a charging document has previously been filed or is...

Free Speech Yearbook 1980.

ERIC Educational Resources Information Center

Kane, Peter E., Ed.

The 11 articles in this collection deal with theoretical and practical freedom of speech issues. The topics covered are (1) the United States Supreme Court and communication theory; (2) truth, knowledge, and a democratic respect for diversity; (3) denial of freedom of speech in Jock Yablonski's campaign for the presidency of the United Mine…

Causality and collateral estoppel: process and content of recent SSRI litigation.

PubMed

Whitehead, Paul D

2003-01-01

In Tobin v. SmithKline Beecham Pharmaceuticals a jury in the U.S. District Court for the District of Wyoming found that the medication Paxil "can cause some individuals to commit homicide and/or suicide," and that it was a legal cause of the deaths in this case. A motion was recently put before the United States District Court for the District of Utah to adopt the findings of the Tobin case--via the application of collateral estoppel--to a case involving an individual's suicide while prescribed Paxil. This article summarizes these two cases, as reflected in court documents, and comments on limitations of common causality assertions.

Priority Queuing on the Docket: Universality of Judicial Dispute Resolution Timing

NASA Astrophysics Data System (ADS)

Mukherjee, Satyam; Whalen, Ryan

2018-01-01

This paper analyzes court priority queuing behavior by examining the time lapse between when a case enters a court’s docket and when it is ultimately disposed of. Using data from the Supreme courts of the United States, Massachusetts, and Canada we show that each court’s docket features a slow decay with a decreasing tail. This demonstrates that, in each of the courts examined, the vast majority of cases are resolved relatively quickly, while there remains a small number of outlier cases that take an extremely long time to resolve. We discuss the implications for this on legal systems, the study of the law, and future research.

An Analysis of First Amendment Jurisprudence on the Supreme Court Case of Locke v. Davey

ERIC Educational Resources Information Center

Herzog, Alexander John

2010-01-01

Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

78 FR 57783 - Implementation of United States v. Windsor

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-20

... ``spouse'' referred only to a person of the opposite sex who is a husband or a wife. The U.S. Supreme Court.... The FRTIB anticipates conflicting state laws. For example, a same- sex couple might get married in a state that permits same-sex marriage and then move to a state that does not recognize same-sex marriages...

Shipment of spent nuclear fuel from U.S. Navy ships and submarines to the Idaho National Engineering Laboratory (INEL). Hearing before the Subcommittee on Nuclear Deterrence, Arms Control and Defense Intelligence of the Committee on Armed Services, United States Senate, One Hundred Third Congress, First Session, July 28, 1993

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

NONE

1994-12-31

The purpose of the hearing was to review the impact of the U.S. District Court of Idaho ruling prohibiting receipt of spent nuclear fuel by the Department of Energy (DOE). The court`s ruling enjoined the DOE from receiving spent nuclear fuel, including nuclear fuel from naval surface ships and submarines, at the Idaho National Engineering Laboratory until such time as the DOE completes an environmental impact statement on the transportation, shipment, processing, and storage of spent fuel. Statements of government officials are included. The text of the Court ruling is also included.

The Aftermath of "Hobby Lobby" and "Obergefell": A Reconceptualization of Religious Freedom in the United States and Its Potential Implications for Public Schools and Pluralist Democracies

ERIC Educational Resources Information Center

Bindewald, Benjamin J.; Rosenblith, Suzanne; Green, Bob

2017-01-01

Restricting public employees' free exercise rights or the State to maintain neutrality toward religion has been longstanding precedent in the United States. It has certainly been the case in US public schools beginning in the 1940s and affirmed through the courts over and again through much of the 20th century. The aftermath of 2 recent Supreme…

United States-Cuba Normalization Act of 2013

THOMAS, 113th Congress

Rep. Rush, Bobby L. [D-IL-1

2013-05-09

House - 06/14/2013 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Drug Testing. Research Brief

ERIC Educational Resources Information Center

Walker, Karen

2007-01-01

In 2002, the United States Supreme Court confirmed that in the school's role of in loco parentis, drug testing of students who were involved in athletics and extracurricular activities was constitutional. In a state of the union address, George W. Bush stated that drug testing in schools had been effective and was part of "our aggressive…

School Money Trials: The Legal Pursuit of Educational Adequacy

ERIC Educational Resources Information Center

West, Martin R., Ed.; Peterson, Paul E., Ed.

2007-01-01

Adequacy lawsuits have, with little fanfare, emerged as a major alternative strategy in the pursuit of improved public education in the United States. Plaintiffs allege insufficient resources to provide students with the quality of education promised in their state's constitution, hoping the courts will step in and order the state to increase…

School Board of Nassau County, Florida v. Arline.

PubMed

1987-03-03

After suffering a third relapse of tuberculosis in two years, an elementary school teacher in Nassau County, Florida, was discharged by the local public school board. In her complaint against the board, the teacher asserted that her dismissal violated a section of the federal Rehabilitation Act prohibiting federally funded state programs from discriminating against handicapped individuals solely by reason of handicap. In reaching its conclusion that a person afflicted with tuberculosis may be a "handicapped individual" within the meaning of the Act, the United States Supreme Court reasoned that allowing an employer to justify discrimination by distinguishing between a disease's perceived contagious effects on others and its physical effects on the individual would be unfair. The Court, however, could not grant the relief requested until the lower court made findings about the actual risk of the disease's transmission to others.

Clara Harrison Town and the origins of the first institutional commitment law for the "feebleminded": psychologists as expert diagnosticians.

PubMed

Farreras, Ingrid G

2014-11-01

The first law providing for the commitment of "feeble-minded" individuals in the United States was passed in 1915, in the state of Illinois. House Bill 655 not only allowed for the permanent, involuntary institutionalization of feeble-minded individuals, but it shifted the commitment and discharge authority from the institution superintendents to the courts. Clara Harrison Town, a student of Lightner Witmer, and the state psychologist at the second largest institution for feeble-minded individuals in the country, was instrumental in this law passing and in ensuring that psychologists, for the first time, be viewed as court "experts" when testifying as to the feeble mindedness of individuals.

Toward an Asbestos Ban in the United States.

PubMed

Lemen, Richard A; Landrigan, Philip J

2017-10-26

Many developed countries have banned the use of asbestos, but not the United States. There have, however, been multiple efforts in the US to establish strict exposure standards, to limit asbestos use, and to seek compensation through the courts for asbestos-injured workers' In consequence of these efforts, asbestos use has declined dramatically, despite the absence of a legally mandated ban. This manuscript presents a historical review of these efforts.

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:

78 FR 26655 - Notice of Lodging of Proposed First Amendment to Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-05-07

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed First Amendment to Consent Decree Under the Clean Water Act On April 30, 2013, the Department of Justice lodged a proposed first amendment to a consent decree with the United States District Court for the Northern District of Ohio in the lawsuit entitled United States, et al. v. City of Fostori...

78 FR 70960 - Notice of Lodging of Consent Decree Under the Clean Air Act, Clean Water Act, and the Resource...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-11-27

... DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act, Clean Water Act, and the Resource Conservation and Recovery Act On November 20, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the Central District of Illinois in the lawsuit entitled United States v....

75 FR 47626 - Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-08-06

... Judgment in United States v. B.C.F. Oil Refining Inc., et al., No. CV- 05-0562, was lodged with the United States District Court for the Eastern District of New York. The complaint was filed against B.C.F. Oil... Liability Act of 1980 (``CERCLA''), as amended, 42 U.S.C. 9607(a), in connection with the B.C.F. Oil...

Live From the Front: Operational Ramifications of Military Web Logs in Combat Zones

DTIC Science & Technology

2007-05-10

may view milbloggers’ First Amendment right to freedom of speech , similar First Amendment cases must be examined. In United States v...redress of grievances against certain military regulations. The Court found in favor of the military because a service member’s freedom of speech “yields...11 The U.S. Supreme Court has given the military wide latitude to restrict service member’s freedom of speech in matters pertaining to national

29 CFR 785.7 - Judicial construction.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 29 Labor 3 2014-07-01 2014-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated that...

29 CFR 785.7 - Judicial construction.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 29 Labor 3 2013-07-01 2013-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated that...

29 CFR 785.7 - Judicial construction.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 29 Labor 3 2012-07-01 2012-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated that...

Future Tuition Tax Credit Legislation.

ERIC Educational Resources Information Center

Wood, R. Craig

1983-01-01

Analyzing the United States Supreme Court decision in "Mueller v. Allen" declaring that certain forms of tuition tax credit are not unconstitutional, the author points out that school administrators should monitor legislative activities and be active in state policymaking or the future may hold larger tax credits and direct financial…

The State of Civil Rights: 1979.

ERIC Educational Resources Information Center

Gleiter, Caroline Davis; And Others

The status of civil rights in housing, education, and employment is reviewed in this report. Among the conclusions are: (l) although 1979 court decisions helped to remedy discriminatory housing policies and practices, housing discrimination remains widespread throughout the United States, and decent housing for older persons, minorities, and…

75 FR 27387 - Sentencing Guidelines for United States Courts

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-14

... Practice and Procedure 4.1. William K. Sessions III, Chair. 1. Amendment: Chapter Five, Part A, is amended... scholarly literature, current federal and state practices, and feedback in various forms from federal judges... to prevent further similar criminal conduct, including assessing the compliance and ethics program...

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…

78 FR 43709 - Affirmatively Furthering Fair Housing

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-19

..., particularly as reflected in racially and ethnically concentrated areas of poverty. The United States Supreme.... In furtherance of the Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581(1999), and pursuant...

28 CFR 24.309 - Payment of award.

Code of Federal Regulations, 2010 CFR

2010-07-01

... award to the Department's Accounting Office for processing. A statement that review of the underlying decision is not being sought in the United States courts, or that the process for seeking review of the...

The Right to Education in Japan.

ERIC Educational Resources Information Center

Aoki, Koji; McCarthy, Martha

1984-01-01

Reviews the governance of Japanese public schools since World War II. Unlike the United States, the Japanese government has centralized control of education, and the courts defer to government authority in educational matters. (MD)

32 CFR 152.1 - Purpose.

Code of Federal Regulations, 2010 CFR

2010-07-01

... by the President in Executive Order 12473 that the Manual for Courts-Martial (MCM), United States... to the MCM and proposing legislation to amend the Uniform Code of Military Justice (UCMJ) (10 U.S.C...

75 FR 54263 - 2010 Amendments to the Manual for Courts-Martial, United States

Federal Register 2010, 2011, 2012, 2013, 2014

2010-09-03

...) Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceedings... prior to the effective date of this order, and any such nonjudicial punishment, restraint, investigation...

78 FR 29559 - 2013 Amendments to the Manual for Courts-Martial, United States

Federal Register 2010, 2011, 2012, 2013, 2014

2013-05-21

...) Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceedings... prior to the effective date of this order, and any such nonjudicial punishment, restraint, investigation...

Interfacing of Science, Medicine and Law: The Stem Cell Patent Controversy in the United States and the European Union.

PubMed

Davey, Sonya; Davey, Neil; Gu, Qian; Xu, Na; Vatsa, Rajet; Devalaraja, Samir; Harris, Paul; Gannavaram, Sreenivas; Dave, Raj; Chakrabarty, Ananda

2015-01-01

The patent eligibility of stem cells-particularly those derived from human embryos-has long been under debate in both the scientific and legal communities. On the basis of moral grounds, the European Patent Office (EPO) has refrained from granting patents for stem cells obtained through the destruction of human embryos. On the contrary, the United States Patent and Trademark Office (USPTO) has historically granted patents regarding the isolation and use of human embryonic and other stem cells. To date, these US patents remain valid despite an increasing onslaught of challenges in court. However, recent precedents established in US courts significantly narrow the scope of patent eligibility within biotechnology. This article compares the implications of recent legal changes on stem cell patent eligibility between the EU and US.

78 FR 45135 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; Redesignation of the Dayton...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-26

...EPA is proposing to approve the State of Ohio's request to redesignate the Dayton-Springfield nonattainment area (Dayton) to attainment for the 1997 annual National Ambient Air Quality Standards (NAAQS or standard) for fine particulate matter (PM2.5). EPA is also proposing to approve the related elements including emissions inventories, maintenance plans, and the accompanying motor vehicle budgets. EPA is proposing to approve a comprehensive emissions inventory that meets the Clean Air Act (CAA) requirement. EPA is proposing that the inventories for nitrogen oxides (NOX), direct PM2.5, sulfur dioxide (SO2), ammonia, and volatile organic compounds (VOC) meet the CAA emissions inventory requirement. In the course of proposing to approve Ohio's request to redesignate the Dayton area, EPA addresses a number of additional issues, including the effects of two decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit or Court): (1) The Court's August 21, 2012, decision to vacate and remand to EPA the Cross-State Air Pollution Control Rule (CSAPR) and (2) the Court's January 4, 2013, decision to remand to EPA two final rules implementing the 1997 PM2.5 standard.

The constitutionality of random drug and alcohol testing of students in secondary schools.

PubMed

Estrin, Irene; Sher, Leo

2006-01-01

Adolescent drug and alcohol use is a major public health problem. Multiple studies indicate that substance use is a risk factor for physical and mental disorders in adolescents. Secondary schools and the communities they serve have been facing a long-standing problem of substance abuse. American adolescents have become quite accustomed to drug prevention being a part of their curriculum. However, some policy decisions made by school administrators have been legally challenged. In 1989, Vernonia School District serving a small community in Oregon, instituted a random drug testing policy of its athletes. In 1991, the parents of a seventh grader refused to give their consent for random drug testing. The seventh grader was denied participation in the sport and sued the School District arguing that the school policy violated the Fourth and Fourteenth Amendments to the United States Constitution, and Article I, Section 9 of the Oregon Constitution. In 1995, on appeal to the Supreme Court of the United States, the School District won the case. The Vernonia School District versus Acton case became a landmark case, but random drug and alcohol testing in secondary schools has been a subject of multiple court cases. The authors discuss three of them. Both Federal and State Courts have recognized that a secondary school environment in itself represents "a special need," for which suspicionless searches are sometimes necessary to maintain order, safety, and discipline. Drug and alcohol testing programs in secondary schools may still be challenged on its legality. Therefore, examining court sanctioned programs and their long-term efficacy statistics is recommended.

Announcement of ruling: implementing United States v.Windsor for purposes of entitlement and enrollment in Medicare hospital insurance and supplementary medical insurance. Notice of CMS ruling.

PubMed

2015-02-13

This document announces a CMS Ruling that states the CMS policies for implementing United States v. Windsor ("Windsor''), in which the Supreme Court held that section 3 of the Defense of Marriage Act (DOMA), enacted in 1996, is unconstitutional. Section 3 of DOMA defined ``marriage'' and "spouse'' as excluding same-sex marriages and same-sex spouses, and effectively precluded the Federal government from recognizing same-sex marriages and spouses.

School Law.

ERIC Educational Resources Information Center

Splitt, David A.

1987-01-01

The United States Supreme Court upheld a California state law requiring employers to allow a pregnant woman up to four months of unpaid maternity leave if she claims pregnancy as a disability. A bill before Congress addresses parental leave and job protection for parents caring for a new baby or a sick child. (MLH)

Litigation and School Finance: A Cautionary Tale

ERIC Educational Resources Information Center

Russo, Charles J.

2010-01-01

Beginning in the early 1970s, plaintiffs initiated a veritable tidal wave of litigation over financing public education in states with unequal funding for students in poor school systems. In the only case on school finance to reach the United States Supreme Court, "San Antonio Independent School District v. Rodriguez" (1973), the…

32 CFR 720.42 - Policy.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 5 2012-07-01 2012-07-01 false Policy. 720.42 Section 720.42 National Defense... Members, Employees, and Family Members Outside the United States § 720.42 Policy. (a) It is Department of the Navy policy to cooperate, as prescribed in this instruction, with courts and federal, state and...

Incarcerated and Court-Involved Adolescents: Counseling an At-Risk Population.

ERIC Educational Resources Information Center

Granello, Paul F.; Hanna, Fred J.

2003-01-01

Discusses background information related to the current state of the juvenile justice system in the United States. Reviews current research regarding juvenile delinquency and outline a series of clinical techniques. Closes by providing a developmental framework for enhancing the understanding of and guiding treatment for this difficult population.…

Educating Homeless Children

ERIC Educational Resources Information Center

Techniques: Connecting Education and Careers, 2004

2004-01-01

In 1954, the United States Supreme Court, in a landmark decision known as Brown v. Board of Education, said, "Today education is perhaps the most important function of state and local governments...it is the principal instrument in awakening the child to cultural values and preparing him for later professional training and in helping him to…

Protecting Student Press Freedom by State Law: The Experience in California.

ERIC Educational Resources Information Center

Overbeck, Wayne

Following "Tinker vs. Des Moines Community School District," the United States Supreme Court decision that assured First Amendment rights to secondary school students and teachers, California began experimenting with statutory guarantees of free expression for students at the high school and community college levels. Decisions issued by…

School Boards and the U.S. Constitution.

ERIC Educational Resources Information Center

Hollister, Charles A.

As public agencies created by State legislative mandate, school districts and the officers thereof are obligated to abide by several provisions of the United States Constitution. School boards can reduce many of the sources of current student unrest by complying with these provisions. Courts have held that under the Fourteenth Amendment school…

78 FR 26425 - Sentencing Guidelines for United States Courts

Federal Register 2010, 2011, 2012, 2013, 2014

2013-05-06

... tax system and the legal system as a whole. Therefore, to use them to reduce the tax loss would... undermine the public's confidence in the medical regulatory and distribution system. The Commission also...

40 CFR 17.29 - Payment of award.

Code of Federal Regulations, 2014 CFR

2014-07-01

... award to the Office of Financial Management for Processing. A statement that review of the underlying decision is not being sought in the United States courts or that the process for seeking review of the...

7 CFR 900.8 - Conduct of the hearing.

Code of Federal Regulations, 2011 CFR

2011-01-01

... the judge. The transcript shall not include argument or debate thereon except as ordered by the judge... judicially noticed by the courts of the United States and of any other matter of technical, scientific or...

7 CFR 900.8 - Conduct of the hearing.

Code of Federal Regulations, 2013 CFR

2013-01-01

... the judge. The transcript shall not include argument or debate thereon except as ordered by the judge... judicially noticed by the courts of the United States and of any other matter of technical, scientific or...

7 CFR 900.8 - Conduct of the hearing.

Code of Federal Regulations, 2012 CFR

2012-01-01

... the judge. The transcript shall not include argument or debate thereon except as ordered by the judge... judicially noticed by the courts of the United States and of any other matter of technical, scientific or...

7 CFR 900.8 - Conduct of the hearing.

Code of Federal Regulations, 2014 CFR

2014-01-01

... the judge. The transcript shall not include argument or debate thereon except as ordered by the judge... judicially noticed by the courts of the United States and of any other matter of technical, scientific or...

28 CFR 55.7 - Termination of coverage.

Code of Federal Regulations, 2014 CFR

2014-07-01

... United States district court, that the illiteracy rate of the applicable language minority group is equal to or less than the national illiteracy rate, as described in section 203(d) of the Act. [Order 3291...

28 CFR 55.7 - Termination of coverage.

Code of Federal Regulations, 2012 CFR

2012-07-01

... United States district court, that the illiteracy rate of the applicable language minority group is equal to or less than the national illiteracy rate, as described in section 203(d) of the Act. [Order 3291...

28 CFR 55.7 - Termination of coverage.

Code of Federal Regulations, 2013 CFR

2013-07-01

... United States district court, that the illiteracy rate of the applicable language minority group is equal to or less than the national illiteracy rate, as described in section 203(d) of the Act. [Order 3291...

The Impact of "Gertz": How the States Have Defined the Standard of Liability for the Private Libel Plaintiff.

ERIC Educational Resources Information Center

Stonecipher, Harry W.; Trager, Robert

In the landmark "Gertz" decision, the United States Supreme Court held that, in the interest of protecting libel plaintiffs, the states under certain conditions could define for themselves the appropriate standard of liability for a publisher or broadcaster of defamatory falsehoods. This paper explores several applications of the…

Teaching the Movement: The State of Civil Rights Education in the United States 2011

ERIC Educational Resources Information Center

Shuster, Kate

2011-01-01

The National Assessment of Educational Progress--commonly called "The Nation's Report Card"--tells a dismal story: Only 2% of high school seniors in 2010 could answer a simple question about the U.S. Supreme Court's landmark "Brown v. Board of Education" decision. And it's no surprise. Across the country, state educational…

Corporal Punishment in the State of Louisiana: A Descriptive Study of Policies and Practices

ERIC Educational Resources Information Center

Broussard, Mary R.

2014-01-01

Louisiana is currently one of the 19 states in the United States that still allow the use of corporal punishment in public schools. The research questions that drove this study explored Louisiana-published court cases involving corporal punishment in public schools, district policies regarding the use of corporal punishment, reported instances of…

The Last Line of Defense: Federal Habeas Review of Military Death Penalty Cases

DTIC Science & Technology

1994-04-01

petitioners made a prima facie case that their confessions had been coerced, id. at 154, the dissent called for "a judicial hearing on the circumstances...the court of appeals reversed a federal district court’s grant of habeas relief to First Lieutenant William Calley, who was then confined at the...the United States "other than in the proper discharge of official duties . .292 The Army’s military justice regulation293 provides "Attorney- Client

Toward an Asbestos Ban in the United States

PubMed Central

Lemen, Richard A.; Landrigan, Philip J.

2017-01-01

Many developed countries have banned the use of asbestos, but not the United States. There have, however, been multiple efforts in the US to establish strict exposure standards, to limit asbestos use, and to seek compensation through the courts for asbestos-injured workers’. In consequence of these efforts, asbestos use has declined dramatically, despite the absence of a legally mandated ban. This manuscript presents a historical review of these efforts. PMID:29072598

Intelligence Community Legal Reference Book

DTIC Science & Technology

2007-09-01

examination by the United States of any witness with respect to such information. INTERLOCUTORY APPEAL SEC. 7. [18 U.S.C. App. §7 ] (a) An interlocutory ...Tribunal that an alien is properly detained as an enemy combatant. (B) LIMITATION ON CLAIMS.—The jurisdiction of the United States Court of Appeals ... Appeals for the District of Columbia Circuit on any claims with respect to an alien under this paragraph shall be limited to the consideration of— (i

Melvin v. Kim's Restaurant, Inc. [13 July 1989].

PubMed

1989-01-01

In Oregon, after her dismissal by the defendant, the plaintiff, a waitress employed by the defendant, brought a suit charging discrimination on the basis of handicap. She claimed that she had been dismissed because the defendant regarded her pregnancy as a physical impairment. The court allowed the suit to proceed, ruling that discrimination on the basis of pregnancy could constitute handicap discrimination. On 8 June 1989 the United States Court of Appeals, Ninth Circuit, held that consideration of the petitioner's pregnancy in deciding whether her case should be heard in the juvenile court did not constitute sex discrimination in violation of equal protection rights (Toomey v. Clark, 876 F.2d 1433).

Law and Intergenerational Relationships.

PubMed

Doron, Israel; Lowenstein, Ariela; Biggs, Simon

2017-03-01

In any aging society, the sociolegal construction of intergenerational relationships is of great importance. This study conducts an international comparison of a specific judicial issue: whether active labor unions have the legal right to strike for the purpose of improving the benefits given to nonactive workers (specifically, pensioners). A comparative case law methodology was used. The texts of three different Supreme Court cases-in the United States, Canada, and Israel-were analyzed and compared. Despite the different legal outcomes, all three court rulings reflect a disregard of known and relevant social gerontology theories of intergenerational relationships. Social gerontological theories can play an important role in both understanding and shaping judicial policies and assisting the courts in choosing their sociojudicial narratives.

State regulation of nuclear power and national energy policy

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

Moeller, J.W.

1992-12-31

In April 1983 and January 1984, the United States Supreme Court rendered two decisions that redefined the metes and bounds of federal preemption of commercial nuclear power plant regulation. In Pacific Gas & Electric Co. v. State Energy Resources Conservation and Development Commission (PG&E), the court decided that the Atomic Energy Act of 1954, as amended (the Act), did not preempt a California state law that established a moratorium on commercial nuclear power plant construction. In Silkwood v. Kerr-McGee Corporation, the Court also decided that the Act did not preempt a claim for damages under state tort law for radiologicalmore » injuries suffered in a nuclear fuel facility regulated by the United States Nuclear Regulatory Commission (NRC). The two decisions redefined the extent of federal preemption, under the Act and other federal law, of nuclear plant regulation as well as the extend of state regulation of nuclear plants. In the eight years since PG&E and Silkwood, numerous other developments have eroded further the breadth of federal preemption of commercial nuclear power plant regulation. This Article explores the developments, since PG&E and Silkwood, that have expanded further the scope of state and local regulation of commercial nuclear power plants. Specifically, the Article first identifies the extent of state and local participation in nuclear power regulation provided by the Act and other federal loan relevant to commercial nuclear power. Second, it discusses in detail the PG&E and Silkwood decisions. The Article also considers the impact of seven specific developments on the legislative implementation of a national energy policy that contemplates a role for nuclear power.« less

Commentary: nuances of reverse-waiver evaluations of adolescents in adult criminal court.

PubMed

Lyons, Camilla L; Adams, Adria N; Dahan, Abigail L

2012-01-01

Several factors influence a judge's decision to transfer youthful defendants to juvenile court from adult court, including the forensic evaluator's ultimate opinion, the defendant's amenability to treatment, and public safety risk. In this commentary, we examine the constructs that evaluators must assess, as established by Kent v. United States (1966). We begin by outlining the legal history that led to the large population of youths currently in the adult criminal justice system nationwide and the negative consequences of their incarceration in adult settings. We consider the unique role of forensic psychologists and psychiatrists as experts in development, with special regard to their ability to assess and inform the court about amenability to treatment and emotional maturity. The determination of amenability to treatment is further explored through a review of the current literature examining the influence of diagnostic labeling on judicial decisions and the treatment response of adolescent offenders who have psychopathy features. We conclude with an update on the recent proposal for juvenile justice reform in the authors' state of New York.

75 FR 53643 - Examination Guidelines Update: Developments in the Obviousness Inquiry After KSR v.Teleflex

Federal Register 2010, 2011, 2012, 2013, 2014

2010-09-01

...The United States Patent and Trademark Office (USPTO or Office) is issuing an update (2010 KSR Guidelines Update) to its obviousness guidelines for its personnel to be used when applying the law of obviousness under 35 U.S.C. 103. This 2010 KSR Guidelines Update highlights case law developments on obviousness under 35 U.S.C. 103 since the 2007 decision by the United States Supreme Court (Supreme Court) in KSR Int'l Co. v. Teleflex Inc. These guidelines are intended to be used by Office personnel in conjunction with the guidance in the Manual of Patent Examining Procedure when applying the law of obviousness under 35 U.S.C. 103. Members of the public are invited to provide comments on the 2010 KSR Guidelines Update. The Office is especially interested in receiving suggestions of recent decisional law in the field of obviousness that would have particular value as teaching tools.

Science In The Courtroom: The Impact Of Recent US Supreme Court Decisions

NASA Astrophysics Data System (ADS)

Poulter, Susan

2000-03-01

Most physicists' work is far removed from the courtroom, but the principles of physics are important to a number of legal controversies. Several recent lawsuits have claimed that cellular phones cause brain cancer. And litigation over claims that electromagnetic fields cause other cancers has even more important implications for society. The problem of how to distinguish good science from bad in the courtroom has vexed lawyers and scientists alike for many years, and finally drew the attention of the United States Supreme Court in 1993. The Court has now issued three opinions on the standards for screening expert testimony, which require trial judges to evaluate scientific expert witnesses to determine if their testimony is reliable. How well are the new standards working? Is the judicial system doing any better at screening out junk science? This session will discuss how the Supreme Court's opinions are being applied and suggest several strategies, including the use of court appointed experts, that are being implemented to improve the process further.

The United States’ Rejection of the International Criminal Court: A Strategic Error

DTIC Science & Technology

2008-05-09

30 19b. TELEPHONE NUMBER (include area code ) Standard Form 298 (Rev. 8-98) Prescribed by ANSI Std. Z39.18 USAWC PROGRAM RESEARCH PROJECT THE UNITED...aggression is added to the ICC’s jurisdiction. Aggression as a war crime was charged at Nuremburg , and is a long standing concept in international law

All Male State-Funded Military Academies: Anachronism or Necessary Anomaly?

ERIC Educational Resources Information Center

Russo, Charles J.; Scollay, Susan J.

1993-01-01

The United States Court of Appeals for the Fourth District, although stopping short of ordering the Virginia Military Institute (VMI) to admit women, ordered VMI to implement a program which comports with the requirements of equal protection. Offers an analysis of the Fourth Circuit's ruling, a discussion of important educational questions, and a…

The Mississippi Choctaw: A Case Study of Intercultural Games.

ERIC Educational Resources Information Center

Hill, L. Brooks; Lujan, Philip

1983-01-01

Examines the Smith John case--in which the United States Supreme Court secured official recognition of the Mississippi Band of Choctaw as a tribe--as an example of "rhetorical games" used by different cultural groups to manipulate each other. Suggests alternative rhetorical strategies that would benefit the state and the Mississippi…

The extent and expected condition of isolated wetlands in the southeastern and mid-Atlantic states, USA

EPA Science Inventory

In the wake of two United States (US) Supreme Court decisions in the past decade, federal protection for isolated wetlands (i.e., those completely surrounded by uplands) has been severely curtailed. However, the extent of the resource impacted and thus the implications for the c...

Out of Aprons and into the Job Market.

ERIC Educational Resources Information Center

Spiegel, Susan

1981-01-01

Identifies ways in which laws at the local, state, and federal level protect the right of women to choose an occupation or profession according to her abilities and interests. Information is presented on the history of legal discrimination (i.e., past court decisions) in the United States, protective labor laws, and recent laws recognizing…

The Religious Student in Public Education: Resolving a Constitutional Dilemma.

ERIC Educational Resources Information Center

Toms, Robert L.; Whitehead, John W.

1978-01-01

Author contends that student religious clubs have a constitutional right to exist in the public schools, because such meetings are within the scope of the First and Fourteenth Amendments of the United States Constitution. Landmark Supreme Court church-state decisions are cited. Available from Emory University School of Law, 1722 North Decatur…

Major Legal Aspects of Sex Education.

ERIC Educational Resources Information Center

Bartoo, Jean

The legal status of sex education in the public schools in the United States as it existed at the close of the 1971-72 school year was investigated. The investigation included surveys, analyses, and interpretations of statutes, significant rules and regulations of state departments of education, and court holdings as they applied specifically to…

5 CFR Appendix B to Subpart J of... - Guidelines for Interpreting State Court Orders Awarding Survivor Annuity Benefits to Former Spouses

Code of Federal Regulations, 2012 CFR

2012-01-01

... Awarding Survivor Annuity Benefits to Former Spouses United States of America Office of Personnel... less expensive and have fewer restrictions than insurable interest annuities but the former spouse's... mistakenly label CSRS benefits as Federal Employee's Retirement System (FERS) benefits, will be interpreted...

5 CFR Appendix B to Subpart J of... - Guidelines for Interpreting State Court Orders Awarding Survivor Annuity Benefits to Former Spouses

Code of Federal Regulations, 2011 CFR

2011-01-01

... Awarding Survivor Annuity Benefits to Former Spouses United States of America Office of Personnel... less expensive and have fewer restrictions than insurable interest annuities but the former spouse's... mistakenly label CSRS benefits as Federal Employee's Retirement System (FERS) benefits, will be interpreted...

5 CFR Appendix B to Subpart J of... - Guidelines for Interpreting State Court Orders Awarding Survivor Annuity Benefits to Former Spouses

Code of Federal Regulations, 2013 CFR

2013-01-01

... Awarding Survivor Annuity Benefits to Former Spouses United States of America Office of Personnel... less expensive and have fewer restrictions than insurable interest annuities but the former spouse's... mistakenly label CSRS benefits as Federal Employee's Retirement System (FERS) benefits, will be interpreted...

5 CFR Appendix B to Subpart J of... - Guidelines for Interpreting State Court Orders Awarding Survivor Annuity Benefits to Former Spouses

Code of Federal Regulations, 2014 CFR

2014-01-01

... Awarding Survivor Annuity Benefits to Former Spouses United States of America Office of Personnel... less expensive and have fewer restrictions than insurable interest annuities but the former spouse's... mistakenly label CSRS benefits as Federal Employee's Retirement System (FERS) benefits, will be interpreted...

7 CFR 900.8 - Conduct of the hearing.

Code of Federal Regulations, 2010 CFR

2010-01-01

... judicially noticed by the courts of the United States and of any other matter of technical, scientific or...) Appearances—(1) Right to appear. At the hearing, any interested person shall be given an opportunity to appear... at any hearing under these rules shall, before proceeding to testify, state his name, address, and...

7 CFR 1200.9 - Conduct of the hearing.

Code of Federal Regulations, 2010 CFR

2010-01-01

... taken of such matters as are judicially noticed by the courts of the United States and of any other... the hearing, any interested person shall be given an opportunity to appear, either in person or... these rules shall, before proceeding to testify, state his or her name, address, and occupation. If any...

US: developments in the treatment of HIV-positive prisoners in two states.

PubMed

Gibson, Katie

2005-08-01

Legal actions have been launched in Alabama and Mississippi to address living conditions and medical care of HIV-positive prisoners in state prisons. These were the only two states to allow complete segregation of HIV-positive prisoners in state prisons into the 1990s. The two cases highlight the ways in which the courts have been involved in supervising prison conditions in the United States.

The Political Economy of Education Finance: The Case of Texas

ERIC Educational Resources Information Center

Husted, Thomas; Kenny, Lawrence

2014-01-01

Texas has one of the largest primary and secondary school systems in the United States. Funding equity has been a concern in the state courts, and significant legislative actions have been taken. We examine two votes taken in the Texas State Legislature in 1993 and 2006 that follow the directives from a series of education finance equity legal…

40 CFR 22.10 - Appearances.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Appearances. 22.10 Section 22.10 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL CONSOLIDATED RULES OF PRACTICE GOVERNING... and ethics required of practitioners before the courts of the United States. ...

77 FR 5518 - Proposed Consent Decree, Clean Air Act Citizen Suit

Federal Register 2010, 2011, 2012, 2013, 2014

2012-02-03

... lawsuit filed by WildEarth Guardians in the United States District Court for the District of Colorado: WildEarth Guardians v. Jackson, Case No. 1:11-cv- 02227-WJM-KLM (D. Colo.). Plaintiff filed this suit...

View looking from the Tenth Street vehicular entrance to the ...

Library of Congress Historic Buildings Survey, Historic Engineering Record, Historic Landscapes Survey

View looking from the Tenth Street vehicular entrance to the Justice Department Building to show the great court and fountain - United States Department of Justice, Constitution Avenue between Ninth & Tenth Streets, Northwest, Washington, District of Columbia, DC

School Law.

ERIC Educational Resources Information Center

Splitt, David A.

1987-01-01

Summarizes a variety of religious issues before United States courts, including two religion-in-the-schools cases in New Jersey and Georgia and two New York cases involving public assistance of private schools. Discusses a wrongful death lawsuit in Connecticut concerning a teenage suicide. (MLH)

75 FR 3525 - Sentencing Guidelines for United States Courts

Federal Register 2010, 2011, 2012, 2013, 2014

2010-01-21

... to Sec. 3A1.1 (Hate Crime Motivation or Vulnerable Victim); (6) a proposed amendment to Chapter Eight.... 3A1.1 (Hate Crime Motivation or Vulnerable Victim). The Act expanded the definition of ``hate crime...

Congress, courts, and commerce: upholding the individual mandate to protect the public's health.

PubMed

Hodge, James G; Brown, Erin C Fuse; Orenstein, Daniel G; O'Keefe, Sarah

2011-01-01

Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's "individual mandate" (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial "inactivity." Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme Court. Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health. © 2011 American Society of Law, Medicine & Ethics, Inc.

Strategies for strengthening patent protection of pharmaceutical inventions in light of federal court decisions.

PubMed

Pillai, Xavier; Kinney, William A

2010-01-01

In this article, a brief history of patent law is presented, along with recent changes in its interpretation that are relevant in securing patents in the current landscape. Specific patent examples are presented to illustrate key issues. For example, the case of KSR International Co. v. Teleflex, Inc. is an important recent decision by the United States Supreme Court, which developed a more flexible definition of the teaching-suggestion-motivation (TSM) test in determining obviousness, which negates patentability. Although KSR case involved a mechanical invention, the ruling in this case has had implications in other areas of patent law, particularly as it applied to pharmaceutical and chemical inventions. It has had a significant impact on the outcome of patent prosecution at the United States Patent and Trademark Office (USPTO), as well as in defending patents in federal courts. If an invention is obvious to try and there are a finite number of predictable solutions in the prior art, then the invention will be considered obvious by current standards. Bayer Schering Pharma AG v. Barr Laboratories, Inc is presented as a case in which the court of appeals has applied the KSR standard of obviousness in invalidating a formulation patent claim, in which a finite number of options were available to the formulator. Unlike the formulation patent example, patents covering new molecules have survived challenges more successfully. In The Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc., the court of appeals for the Federal Circuit determined that the invention of risedronate was unobvious, although it was a mere positional isomer of a prior bisphosphonate. However in Altana Pharma AG v. Teva Pharmaceuticals USA, Inc., the court of appeals judged against the innovator company when there was a clearer case of predictable prior art. Finally, Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc. presents an example of a case at the Federal Circuit where topiramate was more easily defended, because the scientist had at his disposal a great number of unpredictable options and the results were clearly surprising. In light of these and other court decisions the USPTO has established new guidelines for patent examinations going forward that this article describes.

Recent Advances for LGBT Astronomers in the United States

NASA Astrophysics Data System (ADS)

Dixon, William V.; Rigby, Jane; Oppenheimer, Rebecca

2015-08-01

The legal environment for lesbian, gay, bisexual, and transgender (LGBT) astronomers in the United States has changed dramatically in recent years. In 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA), which had barred the federal government from recognizing same-sex marriages, was unconstitutional. This decision particularly affects astronomers, since astronomers in the U.S. are more likely than the general population to be foreign nationals, to have a foreign-born spouse, or to work for the federal government. In 2014, the Attorney General directed the Department of Justice to take the position in litigation that the protection of Title VII of the Civil Rights Act of 1964 extends to claims of discrimination based on an individual’s gender identity, including transgender status. Title VII makes it unlawful for employers to discriminate in the employment of an individual “because of such individual’s... sex,” among other protected characteristics. As of March 2015, more than 70% of the population lives in states that recognize same-sex marriage, and the Supreme Court is expected to rule on the constitutionality of the remaining same-sex marriage bans during the current term. In this poster, we discuss these advances and their implications for the personal and professional lives of LGBT astronomers across the United States.

The Constitutionality of Compulsory Attendance at Religious Exercises in Religious Institutions of Higher Education Which Are the Recipients of State and Federal Financial Assistance.

ERIC Educational Resources Information Center

Habecker, Eugene B.

The legal problems with which a religious higher education institution must deal if it receives state and/or federal financial assistance and requires attendance at its religious exercises are discussed. Selected state and federal court cases are reviewed and analyzed, including the United States cases of Tilton v. Richardson (1971), Lemon v.…

San Francisco Bay Area Endangered Species Litigation: The Complaint

EPA Pesticide Factsheets

The Center for Biological Diversity filed a lawsuit in the United States District Court for the Northern District of California alleging that EPA failed to comply with the ESA related to 47 pesticides and 11 endangered or threatened species.

75 FR 60205 - Grant Guideline; Notice

Federal Register 2010, 2011, 2012, 2013, 2014

2010-09-29

... program of financial assistance designed to assure that each citizen of the United States is provided... This category includes research, demonstration, evaluation, and education projects designed to improve... by either expert or in-house personnel, designed to prepare judges and court personnel for...

Canadian Constitutional Guarantee of "Liberty" as It Affects Education and Children.

ERIC Educational Resources Information Center

Khan, Anwar N.

1993-01-01

The Fifth Amendment to the United States Constitution stipulates that no person is to be deprived of liberty without due process of law. Examines the Canadian courts' interpretations of "liberty" as it applies to education and children. (MLF)

Haunting Echoes of the Last Round-Up: "9066" Revisited.

ERIC Educational Resources Information Center

Trager, James G.

1980-01-01

Discusses the discrimination against and internment of Japanese Americans during World War II, and reminds readers that Congress and the Supreme Court approved the mass discriminatory action. Draws a parallel to current discrimination against Iranians in the United States. (GC)

Symbolic Speech

ERIC Educational Resources Information Center

Podgor, Ellen S.

1976-01-01

The concept of symbolic speech emanates from the 1967 case of United States v. O'Brien. These discussions of flag desecration, grooming and dress codes, nude entertainment, buttons and badges, and musical expression show that the courts place symbolic speech in different strata from verbal communication. (LBH)

76 FR 12731 - Proposed Consent Decree, Clean Air Act Citizen Suit

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-08

... lawsuit filed by WildEarth Guardians in the United States District Court for the District of New Mexico: WildEarth Guardians v. Jackson, No. 6:10-;cv- ;00877-MCA-RHS (D. NM). Plaintiff filed a deadline suit...

75 FR 67967 - Proposed Consent Decree, Clean Air Act Citizen Suit

Federal Register 2010, 2011, 2012, 2013, 2014

2010-11-04

... lawsuit filed by WildEarth Guardians in the United States District Court for the District of Colorado: WildEarth Guardians v. Jackson, No. 10-cv-01218- REB-BNB (D. CO.). On May 26, 2010, Plaintiff filed a...

76 FR 44574 - Antidumping Duty Investigation and Countervailing Duty Investigation of Hard Red Spring Wheat...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-26

... Investigation and Countervailing Duty Investigation of Hard Red Spring Wheat From Canada: Notice of Court... of Appeals for the Federal Circuit (``CAFC''), in Canadian Wheat Board v. United States, 2010-1083 (Fed. [[Page 44575

The United States Supreme Court and psychiatry in the 1990s.

PubMed

Ciccone, J R

1999-03-01

In the 1990s, the Supreme Court has decided several cases that have had an impact on psychiatry and psychiatric patients in the criminal justice system, on psychiatric hospitalization, and on psychotherapist-patient privilege. Of the seven cases discussed in this article, Chief Justice Rehnquist and Justice Scalia voted similarly in all seven cases. Since joining the court, Justice Thomas has voted with them. Justice Scalia interprets the Constitution, using what has been termed "textualism": avoid reference to legislative history, and interpret the Constitution according to the plain language meaning of the relevant section. Chief Justice Rehnquist and Justices Scalia and Thomas are inclined to protect states' rights from court decisions that expand US Constitutional power in cases involving civil plaintiffs and criminal defendants. They seek to protect states from being sued in federal courts, and, if there is doubt, lean toward not interfering with state prerogatives. They tend to not find unenumerated rights and prefer clear-cut rules over amorphous standards. Justices Kennedy and O'Connor, at times joined by Justice Souter in the middle of the court, provide the deciding votes in many cases. They seem to prefer a case-by-case pragmatism over a global jurisprudential philosophy. Approaching cases one at a time, they usually avoid broad philosophic pronouncements when they join with Chief Justice Rehnquist. Justice Stevens, joined by Justices Breyer and Ginsburg since they have been appointed to the court, is more likely to favor a broader reading of the 14th Amendment's Due Process and Equal Protection clauses. Of the seven cases, Kennedy and O'Connor voted with the majority in five cases, the dissent in one case (Zinermon v Burch), and split their votes in one case (Foucha v Louisiana, with O'Connor siding with the Court and Kennedy with the dissent). Commager, a noted historian, believed that political issues can be explored, explained, and debated and that the people of the new American democracy, armed with knowledge and freedom to defend, argue, and choose, will make the right decisions for their common welfare. This theory applies equally to the court: Whenever questions involving psychiatry and psychiatric patients are brought to the court, American psychiatry must make its views known in that forum. To do so requires awareness and knowledge of the cases that involve psychiatry and psychiatric patients that the court has decided, including those decided in the 1990s. To participate effectively, psychiatrists must understand the political landscape in which the cases arrive at the court's doorstep and the composition and leanings of the court and examine carefully the fact patterns (understanding that some fact patterns are more sympathetic than others). This awareness should result in amicus briefs that are scholarly, rely on empiric data, and are scrupulously honest about the limitations of our knowledge. In this way, psychiatrists may fully participate in the debate and aid the court in its exploration and analysis of the issues involving psychiatry and psychiatric patients.

Shoreham Nuclear Power Plant

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

NONE

1992-12-31

The United States Supreme Court, with PG&E and Silkwood, and in the eight years since, has expanded the acceptable extent of state regulation of commercial nuclear power plants. In PG&E, the Court established the acceptability of state regulation that purports to be concerned with the non-radiological aspects of nuclear plant operations but that, as a practical matter, is concerned with their radiological hazards. In Silkwood, the Court established the acceptability of state regulation of radiological hazards when its impact on federal regulation of radiological hazards is indirect and incidental. Finally, in Goodyear and English, the Court confirmed and elaborated onmore » such state regulation. Subject to political demands either for additional involvement in commercial nuclear power plant regulation or from political interests opposed altogether to nuclear power, some states, in the 1980s, sought to expand even further the involvement of state and local governments in nuclear plant regulation. Indeed, some states sought and in some instances acquired, through innovative and extraordinary means, a degree of involvement in the regulation of radiological hazards that seriously erodes and undermines the role of the federal government in such regulation. In particular, the State of New York concluded with the Long Island Lighting Company (LILCO), in February 1989, an agreement for the purchase of New York of the Shoreham nuclear power plant on Long Island. A response to failed efforts by New York to prevent the issuance by the NRC of a license to LILCO to operate the plant, the agreement was concluded to allow New York to close the plant either altogether or to convert it to a fossil fuel facility. The opposition to the sale of Shoreham is discussed.« less

Preventive Detention of Juveniles. Hearing before the Subcommittee on Juvenile Justice of the Committee on the Judiciary. United States Senate, Ninety-Eighth Congress, Second Session. Oversight Hearing to Review the Recent Supreme Court Decision Relating to the Pretrial Detention of Juvenile Offenders. Serial No. J-98-145.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. Senate Committee on the Judiciary.

This document contains prepared statements and witness testimony from the Congressional hearing on the pretrial detention of juveniles. The opening statement of Senator Arlen Specter, subcommittee chairman, is presented, focusing on the concerns arising from the Supreme Court decision in the case of Schall versus Martin (New York) which supports…

The Capitol Experience in Washington, D.C.

ERIC Educational Resources Information Center

Dilworth, R. Anne

Designed for 11th grade U.S. history students, the teaching unit combines the history of the U.S. Capitol building and its Greek and Roman revival architecture to tell the story of the nation's government buildings. While the unit uses the U.S. Capitol, any other public building could be used, such as a state capitol, court house, or public…

Regulation of hydropower: Who is in charge?

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

Molm, J.

1995-12-31

The regulatory, legislative and judicial branches of government all have played a role in twisting and changing FERC`s authority over hydropower. At times authority over hydropower is kept at FERC; at other times it is granted to state or federal agencies. At present, decisions are driven by competing uses of water that require differing flows or quantities of water. It is the highest and best use of the f lows and the quantities that will dictate whether water quantities are used for hydropower or fish habitat. However, that is not where it all started. In First Iowa, the Federal Powermore » Commission ({open_quotes}FPC{close_quotes}) (predecessor to FERC) dismissed a license application solely on the ground of the failure of the license applicant to comply with Iowa statutes. Iowa law provided that no dam could be constructed or operated unless a permit had been issued by a state agency. The U.S. Supreme Court reversed the Commission deciding that the Iowa statute would vest in an Iowa agency a veto power over a federal project and thereby subordinate the FPC`s comprehensive planning obligation to state control. The Court ruled that there is a separation of those subjects that are under the jurisdiction of the states from those subjects that the Constitution delegates to the United States and over which Congress vests the FPC with authority to act. The Court stated that this {open_quotes}duality does not require two agencies to share in the final decision of the same issue.{close_quotes} Although the Supreme Court ruled that federal jurisdiction is preeminent, it should be underscored that it was the FPC`s decision to defer to state authority in the first place. The Supreme Court decision is a determinations that flows for hydropower purposes should be made by the FPC under authority of the Federal Power Act.« less

Constitutional Rights of Children. Prepared for the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, by the American Law Division, Congressional Research Service of the Library of Congress.

ERIC Educational Resources Information Center

Library of Congress, Washington, DC. Congressional Research Service.

This paper reviews the rights of children as defined by the Constitution of the United States and summarizes a series of Supreme Court decisions which have defined the protections afforded to children by the Constitution. A short historical overview of the legal status of children is provided as background for the report. It is suggested that the…

Federal and State Laws and Safety Considerations Relating to Fireworks in the United States.

DTIC Science & Technology

1982-05-01

provisions of this chap- (4) is a fugitive from justice; ter; and (5) is an unlawful user of marihuana (as (3) other than a licensee or permittee defined...1) the applicant (including in the case of ed to marihuana (as defined in Section 4761 a corporation, partnership, or association, of the Internal...materials in ing the commission of any felony which may medicines and medicinal agents in the forms be prosecuted in a court of the United prescribed by the

Implications of Texas V. Johnson on Military Practice

DTIC Science & Technology

1991-01-01

immunized by the constitutional guarantee of freedom of speech ." 2 8 Finally, under United States v. O’Brien,29 a state may restrict symbolic acts when...flag against the respondent’s interest in freedom of speech . 36 Concerning the rirst part of the Court’s analysis, Texas advanced two interests which it

Federal Judge Says 1974 Privacy-Protection Law Does Not Bar Colleges from Airing Crime Data.

ERIC Educational Resources Information Center

Jaschik, Scott

1991-01-01

The first federal court decision on campus privacy protection law (the Buckley Amendment) contradicts the interpretation of the law used by the United States Department of Education and most colleges and universities. The case, against Southwest Missouri State University, offers encouragement to campus journalists wishing to publicize campus crime…

78 FR 14271 - Manual for Courts-Martial; Proposed Amendments

Federal Register 2010, 2011, 2012, 2013, 2014

2013-03-05

... commenter recommended adding the words ``to the victim's privacy'' to RCM 405(i)(2)(B)(iv) after ``unfair...), United States v. Ellerbrock, 70 M.J. 314 (C.A.A.F. 2011).'' c. One commenter suggested the portion of RCM... not adopted this proposal. Instead RCM 405(i)(2)(B) will now be amended as stated in paragraph a...

You Should Have the Body: Understanding Habeas Corpus

ERIC Educational Resources Information Center

Landman, James

2008-01-01

English legal commentator William Blackstone described the writ of habeas corpus as a second Magna Carta, and Supreme Court Chief Justice John Marshall called it the "great writ." It has been part of the Anglo-American common law tradition since the Middle Ages. In the United States, it has been a source of tension between state and…

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...

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...

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...

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...

Schoolhouses, Courthouses, and Statehouses: Solving the Funding-Achievement Puzzle in America's Public Schools

ERIC Educational Resources Information Center

Hanushek, Eric A.; Lindseth, Alfred A.

2009-01-01

Spurred by court rulings requiring states to increase public-school funding, the United States now spends more per student on K-12 education than almost any other country. Yet American students still achieve less than their foreign counterparts, their performance has been flat for decades, millions of them are failing, and poor and minority…

75 FR 42784 - Notice of Lodging of Consent Decree Under the Clean Air Act

Federal Register 2010, 2011, 2012, 2013, 2014

2010-07-22

... Rental USA, LLC, et al., Civil Action No. 1:10-cv-11199, was lodged with the United States District Court... States alleges that Vanguard Car Rental USA, LLC, Enterprises Rent-a- Car of Boston, LLC, and Camrac, LLC... relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environment and...

Tennessee to Texas: Tracing the Evolution Controversy in Public Education

ERIC Educational Resources Information Center

Armenta, Tony; Lane, Kenneth E.

2010-01-01

Darwin's Theory of Evolution has stirred controversy since its inception. Public schools in the United States, pressed by special interest groups on both sides of the controversy, have struggled with how best to teach the theory, if at all. Court cases have dealt with whether states can ban the teaching of evolutionary theory, whether Creationism…

34 CFR 381.31 - What are the requirements pertaining to the protection, use, and release of personal information?

Code of Federal Regulations, 2011 CFR

2011-07-01

... interpreted by the courts of the United States, except that, for purposes of any periodic audit, report, or..., notwithstanding paragraph (d)(1) of this section, if an audit, monitoring review, State plan assurance review... personally identifiable information (i.e., name, address, telephone number, social security number, or other...

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

76 FR 13997 - Privacy Act of 1974; System of Records

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-15

... Corps: appointment; duties; Rules for Courts-Martial (RCM) Rule 109, Manual for Courts-Martial United... Advocate General's Corps: Appointment; duties; Rules for Courts-Martial (RCM) Rule 109, Manual for Courts...

A general approach for predicting the behavior of the Supreme Court of the United States

PubMed Central

Bommarito, Michael J.; Blackman, Josh

2017-01-01

Building on developments in machine learning and prior work in the science of judicial prediction, we construct a model designed to predict the behavior of the Supreme Court of the United States in a generalized, out-of-sample context. To do so, we develop a time-evolving random forest classifier that leverages unique feature engineering to predict more than 240,000 justice votes and 28,000 cases outcomes over nearly two centuries (1816-2015). Using only data available prior to decision, our model outperforms null (baseline) models at both the justice and case level under both parametric and non-parametric tests. Over nearly two centuries, we achieve 70.2% accuracy at the case outcome level and 71.9% at the justice vote level. More recently, over the past century, we outperform an in-sample optimized null model by nearly 5%. Our performance is consistent with, and improves on the general level of prediction demonstrated by prior work; however, our model is distinctive because it can be applied out-of-sample to the entire past and future of the Court, not a single term. Our results represent an important advance for the science of quantitative legal prediction and portend a range of other potential applications. PMID:28403140

Ignoring the data and endangering children: why the mature minor standard for medical decision making must be abandoned.

PubMed

Cherry, Mark J

2013-06-01

In Roper v. Simmons (2005) the United States Supreme Court announced a paradigm shift in jurisprudence. Drawing specifically on mounting scientific evidence that adolescents are qualitatively different from adults in their decision-making capacities, the Supreme Court recognized that adolescents are not adults in all but age. The Court concluded that the overwhelming weight of the psychological and neurophysiological data regarding brain maturation supports the conclusion that adolescents are qualitatively different types of agents than adult persons. The Supreme Court further solidified its position regarding adolescents as less than fully mature and responsible decisionmakers in Graham v. Florida (2010) and Miller v. Alabama (2012). In each case, the Court concluded that the scientific evidence does not support the conclusion that children under 18 years of age possess adult capacities for personal agency, rationality, and mature choice. This study explores the implications of the Supreme Court decisions in Roper v. Simmons, Graham v. Florida, and Miller v. Alabama for the "mature minor" standard for medical decision making. It argues that the Supreme Court's holdings in Roper, Graham, and Miller require no less than a radical reassessment of how healthcare institutions, courts of law, and public policy are obliged to regard minors as medical decisionmakers. The "mature minor" standard for medical decision making must be abandoned.

Memorandum for the Heads of Executive Departments and Agencies Acorn Memorandum

EPA Pesticide Factsheets

Memo to inform you that on March 10, 2010, the United States District Court for the Eastern District of New York issued the attached opinion, declaratory judgment, and permanent injunction in Association of Community Organizations for Reform Now (ACORN).

25 CFR 32.3 - Mission statement.

Code of Federal Regulations, 2013 CFR

2013-04-01

...-government relationship of Indian Tribes and Alaska Native villages with the Federal Government as affirmed by the United States Constitution, U.S. Supreme Court decisions, treaties, Federal statutes, and... responsibility and goal of the Federal government to provide comprehensive education programs and services for...

5 CFR 1201.127 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.127 Judicial review. (a) An employee subject to a final Board decision imposing disciplinary action under 5 U.S... appropriate United States district court. 5 U.S.C. 1508. Special Counsel Corrective Actions ...

76 FR 54463 - Proposed Consent Decree, Clean Air Act Citizen Suit

Federal Register 2010, 2011, 2012, 2013, 2014

2011-09-01

... lawsuit filed by WildEarth Guardians and Sierra Club in the United States District Court for the Northern District of California: WildEarth Guardians et al. v. Jackson, No. 3:11-cv-00190-WHA (N.D. Cal.). On July 6...

75 FR 41143 - Silicon Metal from the People's Republic of China: Preliminary Results and Preliminary Rescission...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-07-15

.... Court of Appeals for the Federal Circuit's decision in Sigma Corp. v. United States, 117 F.3d 1401, 1407... (Mega Projects) Ltd., and Saturn Ferro Alloys Private Ltd., Indian producers of merchandise that is...

Informed consent: Enforcing pharmaceutical companies' obligations abroad.

PubMed

Lee, Stacey B

2010-06-15

The past several years have seen an evolution in the obligations of pharmaceutical companies conducting clinical trials abroad. Key players, such as international human rights organizations, multinational pharmaceutical companies, the United States government and courts, and the media, have played a significant role in defining these obligations. This article examines how such obligations have developed through the lens of past, present, and future recommendations for informed consent protections. In doing so, this article suggests that, no matter how robust obligations appear, they will continue to fall short of providing meaningful protection until they are accompanied by a substantive enforcement mechanism that holds multinational pharmaceutical companies accountable for their conduct. Issues of national sovereignty, particularly in the United States, will continue to prevent meaningful enforcement by an international tribunal or through one universally adopted code of ethics. This article argues that, rather than continuing to pursue an untenable international approach, the Alien Torts Statute (ATS) offers a viable enforcement mechanism, at least for US-based pharmaceutical companies. Recent federal appellate court precedent interpreting the ATS provides the mechanism for granting victims redress and enforcing accountability of sponsors (usually pharmaceutical companies and research and academic institutions) for informed consent misconduct. Substantive human rights protections are vital in order to ensure that every person can realize the "right to health." This article concludes that by building on the federal appellate court's ATS analysis, which grants foreign trial participants the right to pursue claims of human rights violations in US courts, a mechanism can be created for enforcing not only substantive informed consent, but also human rights protections.

An overview of a recent court challenge to the protection of biomarkers as intellectual property.

PubMed

Hall, Stephen C; Tromp, Justin M; Jortani, Saeed A

2011-05-12

We present an intellectual property case in the United States to demonstrate the recent developments concerning patenting novel biomarker discoveries. A court struck down several patents owned by Myriad Genetics, which were related to breast cancer (BRCA1 and BRCA2). This decision can affect patent eligibility for inventions related to biomarkers, particularly genetic biomarkers. The court proceedings for the Myriad Genetics case were reviewed by two patent attorneys (SCH and JMT). Relevant discussions applicable to the scientist involved with biomarker discovery were also prepared. In this case, the Plaintiff had argued that the analysis and comparison of various gene mutations merely involved natural phenomena, and, therefore, could not be eligible for patent protection. The patent holder (Myriad) argued that the claimed gene compositions did not exist in nature, and that the claimed methods provided practical utility for science and medicine. The Court held that the patent claims did not meet patent eligibility requirements under United States patent law. It held that the patent claims at issue were merely abstract mental processes of analyzing and comparing gene sequences, and that such abstract mental processes are not patentable. On June 22, 2010, Myriad appealed the ruling. This case provides guidance to inventors in the biomarker field who may be interested in obtaining intellectual property protection for their inventive work, as well as their patent counsel. However, the case also presented unique factors that may not be present in all situations involving biomarker patents. Copyright © 2011 Elsevier B.V. All rights reserved.

Judicial Review: State Supreme Judicial Views on Balancing Civil Liberties and Public Safety/Security Measures during the Global War on Terror

DTIC Science & Technology

2009-03-01

and state constitutions designed to maintain freedom from coercive governmental actions .3 Research shows that when a government constrains liberties... actions including all habeas corpus petitions made pursuant to the United States Constitution. Author unknown, “Comparing Federal and State Court...Terrorist Information (Master’s Thesis, Naval Postgraduate School, Monterey, CA, March 2006), 12. 5 enforcement and intelligence actions taken

The need for a juvenile fire setting database.

PubMed

Klein, Julianne J; Mondozzi, Mary A; Andrews, David A

2008-01-01

A juvenile fire setter can be classified as any youth setting a fire regardless of the reason. Many communities have programs to deal with this problem, most based on models developed by the United States Fire Administration. We reviewed our programs data to compare it with that published nationally. Currently there is not a nationwide database to compare fire setter data. A single institution, retrospective chart review of all fire setters between the years of January 1, 2003 and December 31, 2005 was completed. There were 133 participants ages 3 to 17. Information obtained included age, location, ignition source, court order and recidivism. Analysis from our data set found 26% of the peak ages for fire involvement to be 12 and 14. Location, ignition source, and court ordered participants were divided into two age groups: 3 to 10 (N = 58) and 11 to 17 (N = 75). Bedrooms ranked first for the younger population and schools for the latter. Fifty-four percentage of the 133 participants used lighters over matches. Twelve percentage of the 3- to 10-year-olds were court mandated, compared with 52% of the 11- to 17-year-olds. Recidivism rates were 4 to 10% with a 33 to 38% survey return rate. Currently there is no state or nationwide, time honored data base to compare facts from which conclusions can be drawn. Starting small with a statewide database could educe a stimulus for a national database. This could also enhance the information provided by the United States Fire Administration, National Fire Data Center beginning one juvenile firesetter program and State Fire Marshal's office at a time.

Taking Stock of Parent Education in the Family Courts: Envisioning a Public Health Model

PubMed Central

Salem, Peter; Sandler, Irwin; Wolchik, Sharlene

2012-01-01

The paper reviewed the development and current status of the parent education movement in the Family Courts. Parent education programs are now being implemented in courts throughout the United States and have a high level of public acceptance; however, a stronger research methodology to evaluate the effects and continued work to align the goals with the content and teaching strategies of these programs are needed. A new conceptual framework is proposed for parent education, which views divorce as a public health problem for children as well as a legal issue. The three-level framework uses concepts from public health to align the goals, content and format of parent education programs and to enable rigorous evaluations of the outcomes achieved by these programs. PMID:23641191

Perspectives on Embedded Media

DTIC Science & Technology

2004-01-01

Executive Office of the President, and the heads of executive departments and agencies on utilization of the most effective means for the United...agencies in developing a strategy for disseminating truthful, accurate, and effective messages about the United States, its Government and policies, and...During the Civil War, censorship was the rule of the day, and reporters were subject to courts martial if they disclosed sensitive information; yet

Federal Indian Law Internet Tools: "Indian Territory Cases" at the Oklahoma State Courts Network and Kappler's "Indian Affairs: Laws and Treaties" at the Oklahoma State University

ERIC Educational Resources Information Center

Bernholz, Charles D.

2004-01-01

In a thorough analysis of researching the regulation of the banking industry in the United States, Zoller (2000) demonstrated a number of paths among federal documents of various agencies within the Department of the Treasury, including the legislation that created these entities, and to relevant online resources. This latter opportunity included…

32 CFR 286.25 - Judicial actions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... INFORMATION ACT PROGRAM DOD FREEDOM OF INFORMATION ACT PROGRAM REGULATION Release and Processing Procedures...-United States government source information. A requester may bring suit in a U.S. District Court to compel the release of records obtained from a non-government source or records based on information...

Employees.

ERIC Educational Resources Information Center

Sorenson, Gail Paulus; Mawdsley, Ralph D.

This chapter covers the nearly 250 cases reported in 1987 involving precollegiate public-sector employees. Those cases where purely procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. Although no United States Supreme Court cases in 1987 related to school employees, those from prior years are…

Constitutional Due Process and Educational Administration.

ERIC Educational Resources Information Center

Uerling, Donald F.

1985-01-01

Discusses substantive and procedural due process as required by the United States Constitution and interpreted by the Supreme Court, with particular reference to situations arising in educational environments. Covers interests protected by due process requirements, the procedures required, and some special considerations that may apply. (PGD)

The Death of Military Justice

DTIC Science & Technology

2010-01-01

Military Court of Appeals ruled in United States v. Beeker that “the use or possession of marihuana was service connected because the use or...possession . . . of marihuana and narcotics has a special military significance since their use has ‘disastrous effects on the health, morale and fitness

Photocopying For Researchers Held Legal

ERIC Educational Resources Information Center

Chemical and Engineering News, 1973

1973-01-01

Reports on a recent decision of the United States Court of Claims in Washington which permits the National Institutes of Health library and the National Library of Medicine to photocopy copyrighted scientific articles for researchers without paying royalties to Williams and Wilkins Company, a medical publisher. (JR)

78 FR 12089 - Revision of Certain Dollar Amounts in the Bankruptcy Code Prescribed Under Section 104(a) of the...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-02-21

... United States Courts, Washington, DC 20544, telephone (202) 502-1900, or by email at Bankruptcy_Judges... business debtor. time it appears). time it appears). Section 109(e)--allowable debt $360,475 (each $383,175...

School Administrators Besieged: A Look at Australian and American Education.

ERIC Educational Resources Information Center

Murphy, Jerome T.

1980-01-01

Compares the operation and control of public schooling in Australia and the United States by exploring and contrasting the changing roles, concerns, and activities of school administrators, the federal government, the courts, elected officials, citizens, pressure groups, and "new breed" professionals. (Author/MP)

The "general recognition and acceptance" standard of objectivity for good faith in prescribing: legal and medical implications.

PubMed

Brushwood, David B

2007-01-01

The United States Court of Appeals for the 4th Circuit has ruled that a jury considering charges of drug trafficking against a pain management physician should be instructed that the defendant's good faith is a defense to the charges. The court rejected a subjective standard of good faith, and instead ruled that the good faith of the defendant must be evaluated from an objective perspective. This objective standard requires that the jury determine whether the defendant was practicing in accordance with the standard generally recognized and accepted in the United States. General recognition and acceptance are determined on a case-by-case basis, within the context of a defendant's practice. Simply because a physician's practice is out of the norm for many physicians does not mean it can't be generally recognized and accepted within the standard of medical practice. Expert witness testimony of pain management physicians will assist juries in the application of this standard for good faith in prescribing.

Competency to Proceed to Trial Evaluations and Rational Understanding.

PubMed

Ragatz, Laurie; Vitacco, Michael J; Tross, Rozanna

2015-12-01

In Dusky v. United States, the United States Supreme Court established "rational understanding" as a necessary component of a defendant's competency to stand trial. Yet, rational understanding has engendered misunderstanding, stemming from inconsistent court rulings and lack of systematic attention given to definitions of rationality. The purpose of this article is to assist with the conceptualization of rational understanding as it relates to competency to proceed to trial. This will be accomplished through a review of legal decisions and scholarly papers that provide various definitions of rationality. We discuss the suitability of standardized instruments of competency and how they may assist in providing a valid metric for evaluating rational abilities. We also provide discussion of how case law, in conjunction with psycholegal research, can be used to gain nuanced insight into operationalizations of rational understanding. By gaining a thorough understanding of rationality in competency to proceed to trial evaluations, clinicians may improve on the quality and foundation of their evaluations. © The Author(s) 2014.

78 FR 25349 - Policy Clarification Concerning Designation of Adjacent Coastal States for Deepwater Port License...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-30

... and legislative history leads to the conclusion that Congress intended that for these purposes, where...\\ United Nations Convention on the Law of the Sea, Art. 2-3, Art. 33, Dec. 10, 1982, 1833 U.N.T.S. 397. \\13... legislative history, the court concluded that the SLA ``effectively grants each State on the Pacific coast all...

Boston School Desegregation. Report to the United States District Court, District of Massachusetts, Volume I.

ERIC Educational Resources Information Center

Massachusetts State Board of Education, Boston.

This is the executive summary of the first of a series of planned studies on progress in the desegregation of the public schools in Boston, Massachusetts. The report covers the legal mandate, objectives, monitoring process, and findings for each of 12 areas which State officials are charged with monitoring: (1) student assignments; (2)…

Practical Law in Utah. Utah Supplement to "Street Law." Fourth Edition.

ERIC Educational Resources Information Center

Utah State Office of Education, Salt Lake City. Statewide Clearinghouse on Law-Related Education.

This textbook for high school students on law in Utah supplements "Street Law: A Course in Practical Law," a program in law-related education in use across the United States. The introduction explains the meaning of law, how laws are made in Utah, and the functions of the state court system. Following chapters elucidate the branches of…

5 CFR Appendix A to Subpart J of... - Guidelines for Interpreting State Court Orders Dividing Civil Service Retirement Benefits

Code of Federal Regulations, 2014 CFR

2014-01-01

... Civil Service Retirement Benefits United States of America Office of Personnel Management Retirement and... Income Security Act (ERISA) (29 U.S.C. 1001 et seq.) applies to CSRS benefits. Sections 1003(b)(1) and... Qualifying Domestic Relations Orders (QDRO's) except to the extent that the law governing CSRS expressly...

5 CFR Appendix A to Subpart J of... - Guidelines for Interpreting State Court Orders Dividing Civil Service Retirement Benefits

Code of Federal Regulations, 2012 CFR

2012-01-01

... Civil Service Retirement Benefits United States of America Office of Personnel Management Retirement and... Income Security Act (ERISA) (29 U.S.C. 1001 et seq.) applies to CSRS benefits. Sections 1003(b)(1) and... Qualifying Domestic Relations Orders (QDRO's) except to the extent that the law governing CSRS expressly...

5 CFR Appendix A to Subpart J of... - Guidelines for Interpreting State Court Orders Dividing Civil Service Retirement Benefits

Code of Federal Regulations, 2011 CFR

2011-01-01

... Civil Service Retirement Benefits United States of America Office of Personnel Management Retirement and... Income Security Act (ERISA) (29 U.S.C. 1001 et seq.) applies to CSRS benefits. Sections 1003(b)(1) and... Qualifying Domestic Relations Orders (QDRO's) except to the extent that the law governing CSRS expressly...

5 CFR Appendix A to Subpart J of... - Guidelines for Interpreting State Court Orders Dividing Civil Service Retirement Benefits

Code of Federal Regulations, 2013 CFR

2013-01-01

... Civil Service Retirement Benefits United States of America Office of Personnel Management Retirement and... Income Security Act (ERISA) (29 U.S.C. 1001 et seq.) applies to CSRS benefits. Sections 1003(b)(1) and... Qualifying Domestic Relations Orders (QDRO's) except to the extent that the law governing CSRS expressly...

The Fourth Amendment in the Public Schools: Issues for the 1990's and Beyond. Presentation Outline.

ERIC Educational Resources Information Center

Schreck, Myron

In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…

Characterizing, Classifying, and Understanding Information Security Laws and Regulations: Considerations for Policymakers and Organizations Protecting Sensitive Information Assets

ERIC Educational Resources Information Center

Thaw, David Bernard

2011-01-01

Current scholarly understanding of information security regulation in the United States is limited. Several competing mechanisms exist, many of which are untested in the courts and before state regulators, and new mechanisms are being proposed on a regular basis. Perhaps of even greater concern, the pace at which technology and threats change far…

Toxic legacy: the environmental impact of the manufactured gas industry in the United States.

PubMed

Tarr, Joel A

2014-01-01

The manufactured gas industry provided cities in the United States with energy for light and power during much of the period from approximately 1850 to 1950. This article explores the history of the effects of this industry on air, land, and water environments; it also examines attempts by the courts and municipal and state governments to regulate gas-waste pollution and the industry's response. The article concludes by exploring the heritage of badly contaminated sites that the manufactured gas industry left to the nation after it was replaced by natural gas after World War II.

International Criminal Court Cases in Africa: Status and Policy Issues

DTIC Science & Technology

2009-07-14

court, such as the one established for Sierra Leone.31 These courts and tribunals are distinct from the ICC. International Court of Justice The...African International Courts and Tribunals” website, at http://www.aict-cita.org. 31 The Special Court for Sierra Leone (SCSL), a hybrid international...domestic court based in Sierra Leone’s capital, Freetown, was set up jointly by the Government of Sierra Leone and the United Nations under Security

Law Library - Alaska Court System

Science.gov Websites

, Federal Info, US Supreme Court, State Links, 9th Circuit Links Library Databases & eBooks WestlawNext state agencies Alaska Supreme Court briefs (1960-current) Alaska Court of Appeals briefs (1980-current

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

DTIC Science & Technology

2006-09-26

Separation of Powers Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Eliminating Federal Court Jurisdiction Where There Is No State Court Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 542 U.S. 466 (2004). Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court In Rasul v. Bush,1 a divided Supreme Court declared that “a state

Courts and Kids: Pursuing Educational Equity through the State Courts

ERIC Educational Resources Information Center

Rebell, Michael A.

2009-01-01

Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in "Brown v. Board of Education". "Courts and Kids" is the first detailed analysis…

The Different Functions of Speech in Defamation and Privacy Cases.

ERIC Educational Resources Information Center

Kebbel, Gary

1984-01-01

Reviews United States Supreme Court decisions since 1900 to show that free speech decisions often rest on the circumstances surrounding the speech. Indicates that freedom of speech wins out over privacy when social or political function but not when personal happiness is the issue.

7 CFR 1.203 - Payment of award.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Equal Access to Justice Act in Proceedings Before the Department Procedures for Considering Applications... decision in the United States courts. The agency will pay the amount awarded to the applicant within 60 days, unless judicial review of the award or of the underlying decision of the adversary adjudication...

32 CFR 589.2 - Policy.

Code of Federal Regulations, 2013 CFR

2013-07-01

... AND COMMAND SPONSORED FAMILY MEMBERS § 589.2 Policy. (a) This part (chapter) implements procedural... well as to their command sponsored family members. (b) DODD 5525.9 requires DoD cooperation with courts... DoD employees serving outside the United States, as well as their command sponsored family members...

32 CFR 589.2 - Policy.

Code of Federal Regulations, 2012 CFR

2012-07-01

... AND COMMAND SPONSORED FAMILY MEMBERS § 589.2 Policy. (a) This part (chapter) implements procedural... well as to their command sponsored family members. (b) DODD 5525.9 requires DoD cooperation with courts... DoD employees serving outside the United States, as well as their command sponsored family members...

32 CFR 589.2 - Policy.

Code of Federal Regulations, 2014 CFR

2014-07-01

... AND COMMAND SPONSORED FAMILY MEMBERS § 589.2 Policy. (a) This part (chapter) implements procedural... well as to their command sponsored family members. (b) DODD 5525.9 requires DoD cooperation with courts... DoD employees serving outside the United States, as well as their command sponsored family members...

Must-Carry and Public Broadcasting.

ERIC Educational Resources Information Center

Davenport, Elizabeth K.

Because of the United States Court of Appeal's ruling ("Quincy Cable TV vs. Federal Communications Commission") that government regulation of what cable television stations can broadcast violates their First Amendment rights, a number of consequences have arisen concerning what cable stations are required to broadcast (must-carry rules),…

12 CFR 367.2 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-01-01

...) Affiliated business entity means a company that is under the control of the contractor, is in control of the... offense or liability by any court of competent jurisdiction in the United States. (d) Company means any... completion and which rescission or termination involved issues of conflicts of interest or ethical...

76 FR 70761 - Weather Shield Manufacturing, Inc. Corporate Office, Medford, WI; Notice of Negative...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-11-15

... DEPARTMENT OF LABOR Employment and Training Administration [TA-W-72,673] Weather Shield... Employees of Weather Shield Manufacturing, Inc. v. United States Secretary of Labor (Court No. 10-00299... former workers of Weather Shield Manufacturing, Inc., Corporate Office, Medford, Wisconsin (subject...

Free Speech Yearbook 1979.

ERIC Educational Resources Information Center

Kane, Peter E., Ed.

The seven articles in this collection deal with theoretical and practical freedom of speech issues. Topics covered are: the United States Supreme Court, motion picture censorship, and the color line; judicial decision making; the established scientific community's suppression of the ideas of Immanuel Velikovsky; the problems of avant-garde jazz,…

Sexual Misconduct by School Employees.

ERIC Educational Resources Information Center

Mawdsley, Ralph D.

1992-01-01

The recent United States Supreme Court decision in "Franklin v. Gwinnett County Public Schools" highlights the additional risks facing school districts and employees under federal statutes and the common law as a result of sexual misconduct by school employees. The "Franklin" case illustrates that damages could be available to…

5 CFR 839.102 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-01-01

..., United States Code. OPM means the Office of Personnel Management. Present value factor has the same... the same meaning as in § 846.702 of this chapter, referring to court orders that affect CSRS or FERS payments following a divorce or legal separation. Qualifying retirement coverage error means an erroneous...

49 CFR 511.49 - Fees.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 6 2010-10-01 2010-10-01 false Fees. 511.49 Section 511.49 Transportation Other... OF TRANSPORTATION ADJUDICATIVE PROCEDURES Hearings § 511.49 Fees. (a) Witnesses. Any person compelled... the same attendance and mileage fees as are paid witnesses in the courts of the United States, in...

Commentary: Dilemmas of Desegregation

ERIC Educational Resources Information Center

Powers, Jeanne M.

2017-01-01

This article is a commentary on Erica Frankenberg's article, "Assessing Segregation under a New Generation of Controlled Choice Policies." Both school segregation and organized efforts to end segregation have a long and deep history in the United States. The Supreme Court's decision in "Brown v. Board of Education" (1954) has…

78 FR 20856 - Approval and Promulgation of Air Quality Implementation Plans; Indiana; Redesignation of the...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-08

...EPA is issuing a supplement to its proposed approval of the State of Indiana's request to redesignate the Indianapolis area to attainment for the 1997 annual National Ambient Air Quality Standards (NAAQS or standard) for fine particulate matter (PM2.5). This supplemental proposal revises and expands the basis for proposing approval of the state's request, in light of developments since EPA issued its initial proposal on September 27, 2011. This supplemental proposal addresses four issues, including the effects of two decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit or Court): the Court's August 21, 2012 decision to vacate and remand to EPA the Cross- State Air Pollution Control Rule (CSAPR) and the Court's January 4, 2013 decision to remand to EPA two final rules implementing the 1997 PM2.5 standard. In this supplemental proposal, EPA is also proposing to approve a supplement to the emission inventories previously submitted by the state. EPA is proposing that the inventories for ammonia and Volatile Organic Compounds (VOC), in conjunction with the inventories for nitrogen oxides (NOX), direct PM2.5, and sulfur dioxide (SO2) that EPA previously proposed to approve, meet the comprehensive emissions inventory requirement of the Clean Air Act (CAA). Finally, this supplemental proposal solicits comment on the state's January 17, 2013 submission of Motor Vehicle Emissions Budgets (MVEBs) developed using EPA's Motor Vehicle Emissions Simulator (MOVES) 2010a emissions model to replace the MOBILE6.2 based MVEBs previously submitted as part of the PM2.5 maintenance plan for the Indianapolis area. EPA is seeking comment only on the issues raised in its supplemental proposal, and is not re-opening for comment other issues raised in its prior proposal.

To refer H.R. 5862, a bill making congressional reference to the United States Court of Federal Claims pursuant to sections 1492 and 2509 of title 28, United States Code, the Indian trust-related claims of the Quapaw Tribe of Oklahoma (O-Gah-Pah) as well as its individual members.

THOMAS, 112th Congress

Rep. Cole, Tom [R-OK-4

2012-05-30

House - 12/19/2012 On motion to suspend the rules and agree to the resolution, as amended Agreed to by the Yeas and Nays: (2/3 required): 398 - 5 (Roll no. 635). (All Actions) Tracker: This bill has the status Agreed to in HouseHere are the steps for Status of Legislation:

United States: challenges filed to anti-prostitution pledge requirement.

PubMed

Schleifer, Rebecca

2005-12-01

Two separate lawsuits were filed recently in US federal courts challenging a provision of US law requiring that non-governmental organizations have a policy "explicitly opposing prostitution" as a condition of receiving funding under the United States Leadership against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (US Global AIDS Act). US-based plaintiffs in both cases argue that the anti-prostitution pledge requirement in the Act violates US Constitutional guarantees of free speech and due process, and undermines proven, effective efforts to fight HIV/AIDS among sex workers.

To amend the Trademark Act of 1946 to provide for the registration of marks consisting of a flag, coat of arms, or other official insignia of the United States or of any State or local government, and for other purposes.

THOMAS, 113th Congress

Rep. Jeffries, Hakeem S. [D-NY-8

2013-12-12

House - 01/27/2014 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

'Off-label' prescribing, the Physician's Desk Reference and the court.

PubMed

Spector, Richard A; Marquez, Eva

2011-01-01

"Off-label" prescribing is the use of a drug in a fashion other than one approved by the Food and Drug Administration (FDA). Some courts assume that the PDR is comprehensive enough to apply its guidelines to establish the standard of care. This assumption undermines the physician's judgment in deciding how, when and for what ailment a drug should be used. It substitutes the judgment of the PDR and FDA for the physician in assessing illness and applied pharmacology. We report the results of a survey presented to leaders in the United States medical community and review medical literature and legal cases addressing off-label prescribing. Unlike some US courts, the medical community does not consider the PDR as representative of all applications of drug use, nor does it consider the PDR as the standard of medical care.

Failure to exercise due diligence costs plaintiff her suit.

PubMed

1997-11-28

The Mississippi State Supreme Court affirmed a lower court ruling dismissing a last-minute suit filed by a plaintiff against United Blood Services of Mississippi and the American Association of Blood Banks. A woman known as D. Doe was a recipient of a tainted transfusion. She contracted HIV in 1983 and died of AIDS-related causes in 1991. Her daughter, the plaintiff, filed a contaminated blood transfusion lawsuit just five days before the statute of limitations ran out but failed to ascertain the correct identity of the blood bank. She named two blood banks in her suit because she was unable to determine the source of the blood. The Supreme Court ruled that waiting until five days before the statute elapsed indicated that the plaintiff did not exercise reasonable diligence within a specific time frame.

A Sense of Courage.

ERIC Educational Resources Information Center

Wirsing, Marie E.

The history of the United States is one of the contradictory traditions of human rights and intolerance. Although human rights, diversity, and dissidence are inherent concepts in our constitution and in the Supreme Court system, this tendency has been invariably accompanied by intolerant uses of power. The Salem witchcraft trials, the Alien and…

75 FR 64642 - Indexed Annuities

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-20

... under the Securities Act of 1933, which defines the terms ``annuity contract'' and ``optional annuity contract'' under the Act. On July 12, 2010, the United States Court of Appeals for the District of Columbia... under the Securities Act of 1933.\\1\\ Rule 151A defines the terms ``annuity contract'' and ``optional...

10 CFR 820.37 - Participation in an adjudication.

Code of Federal Regulations, 2010 CFR

2010-01-01

... and ethics required of practitioners before the courts of the United States. (c) Amicus Curiae.... If the motion is granted, the Presiding Officer shall issue an order setting the time for filing such... shall be served with all briefs, reply briefs, motions, and orders relating to issues to be briefed. ...

50 CFR 296.15 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Judicial review. 296.15 Section 296.15..., DEPARTMENT OF COMMERCE CONTINENTAL SHELF FISHERMEN'S CONTINGENCY FUND § 296.15 Judicial review. Any claimant... determination, seek judicial review of the determination in the United States District Court for such judicial...

49 CFR 386.67 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 386.67 Section 386.67... Decision § 386.67 Judicial review. (a) Any party to the underlying proceeding, who, after an administrative... service of the Final Agency Order, petition for review of the order in the United States Court of Appeals...

14 CFR 1262.309 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1262.309 Section 1262.309... PROCEEDINGS Procedures for Considering Applications § 1262.309 Judicial review. Judicial review of final... the determination to the court of the United States having jurisdiction to review the merits of the...

40 CFR 180.30 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 180.30 Section 180.30... EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under FFDCA section 408(h), judicial review is available in the United States Courts of Appeal as to the...

75 FR 21367 - Advanced Electronics, Inc.; Boston, MA; Notice of Negative Determination on Remand

Federal Register 2010, 2011, 2012, 2013, 2014

2010-04-23

... DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,517] Advanced Electronics, Inc... Employees of Advanced Electronics, Inc. v. United States Secretary of Labor (Court No. 06-00337). On July 18... former workers of Advanced Electronics, Inc., Boston, Massachusetts (subject firm). The Department's...

The More We Change....

ERIC Educational Resources Information Center

Sewall, Angela M.; Witcher, Ann E.

This report provides an overview of the struggle to desegregate schools in the United States. It describes the two phases of desegregation, focusing on court decisions that influenced desegregation and how these decisions changed the composition of the schools. It opens with the 1849 decision that asserted that desegregation was for the good of…

Hydrologic connectivity between geographically isolated wetlands and surface water systems: A review of select modeling methods

EPA Science Inventory

Rulings in 2001 and 2006 by the United States Supreme Court concerning the protection of Geographically Isolated Wetlands (GIWs) unveiled a critical area of research: quantifying the extent of potential hydrologic connectivity of GIWs to navigable waters and their effects at a va...

8 CFR 1240.10 - Hearing.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 8 Aliens and Nationality 1 2013-01-01 2013-01-01 false Hearing. 1240.10 Section 1240.10 Aliens and... TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Removal Proceedings § 1240.10 Hearing. (a... pleading. The alien shall provide a court certified copy of a Judicial Recommendation Against Deportation...

8 CFR 1240.10 - Hearing.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 8 Aliens and Nationality 1 2014-01-01 2014-01-01 false Hearing. 1240.10 Section 1240.10 Aliens and... TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Removal Proceedings § 1240.10 Hearing. (a... pleading. The alien shall provide a court certified copy of a Judicial Recommendation Against Deportation...

8 CFR 1240.10 - Hearing.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 8 Aliens and Nationality 1 2011-01-01 2011-01-01 false Hearing. 1240.10 Section 1240.10 Aliens and... TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Removal Proceedings § 1240.10 Hearing. (a... pleading. The alien shall provide a court certified copy of a Judicial Recommendation Against Deportation...

78 FR 64569 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-10-29

... United States Court of Appeals for the District of Columbia Circuit in NetCoaliton v. SEC, 615 F.3d 525... with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the...

Isolated wetlands of the southeastern United States: abundance and expected condition

EPA Science Inventory

In the wake of two U.S. Supreme Court decisions that severely curtailed federal protection for isolated wetlands in the U.S. (i.e., those completely surrounded by uplands), the true extent of the wetlands impacted, and thus, the implications of the decisions, is unknown. Best pro...

Toward a Better Understanding of Within-School Minority Student Resegregation: A Research Agenda.

ERIC Educational Resources Information Center

Meier, Ken J.; And Others

Despite years of litigation the desegregation of United States public schools remains unfinished. Even after court-ordered desegregation, a school district may remain segregated through various practices such as ability grouping and selective discipline of minority children. These second generation discrimination or resegregation practices have an…

Critical Issues in School Law.

ERIC Educational Resources Information Center

Lewis, Larry

This publication summarizes and explains education-related court decisions in an effort to supply school people with guidelines in determining how school law applies to specific situations in their school districts. Although there is some emphasis on Oklahoma law, cases cited originated in all parts of the United States. Cases cited concern civil…

Student Searches, Urinalysis and Drug Dogs.

ERIC Educational Resources Information Center

Stader, David L.

A review of legal decisions provides thought-provoking considerations for administrators who want to deter drug use on campus. The United States Supreme Court has recognized that even a limited search of students is a substantial invasion of privacy, but also that school officials need to maintain school discipline. Guidelines for the…

Legal Decisions and Opinions in Pollution Cases

ERIC Educational Resources Information Center

Hills, John P.

1976-01-01

When dealing with the "frontier of scientific knowledge" and questions of public health, United States courts are waiving traditional burdens of proof, giving increased weight to expert opinions and/or lowering their standard of necessary proof. Recent cases involving asbestos, pesticides, lead in gasoline, and vinyl chlorides are discussed. (BT)

Legal Aspects of the Brown Decision.

ERIC Educational Resources Information Center

Carter, Robert L.

In Brown v. Board of Education of Topeka, Kansas, the Supreme Court outlawed segregation in the nation's public schools. This decision has not eliminated racial segregation, but it fundamentally altered the psychological pattern of race relations in the United States. Brown concerned a form of racial discrimination that has virtually vanished from…

28 CFR 0.48 - International trade litigation.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

28 CFR 0.48 - International trade litigation.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 1 2011-07-01 2011-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

28 CFR 0.48 - International trade litigation.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 1 2012-07-01 2012-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

28 CFR 0.48 - International trade litigation.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 1 2014-07-01 2014-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

28 CFR 0.48 - International trade litigation.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 1 2013-07-01 2013-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

37 CFR 104.32 - Procedure for requesting indemnification.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Procedure for requesting indemnification. 104.32 Section 104.32 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK... the circumstances of the incident giving rise to the court action or proceeding. (b)(1) An employee...

75 FR 54700 - Sentencing Guidelines for United States Courts

Federal Register 2010, 2011, 2012, 2013, 2014

2010-09-08

... involving 5 grams (or more) of crack cocaine, and the 10-year mandatory minimum applied to offenses involving 50 grams (or more) of crack cocaine. Section 2 of the Act raised these quantities to 28 grams and 280 grams, respectively. The Commission requests comment on what temporary amendments to the...

75 FR 66188 - Sentencing Guidelines for United States Courts

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-27

...) by striking ``five kilograms of marihuana'' and inserting ``2 grams of cocaine base''; by inserting... required to trigger the 5-year mandatory minimum term of imprisonment was increased from 5 grams to 28 grams, and the quantity threshold required to trigger the 10-year mandatory minimum term of imprisonment...