Federal statute says states must not decrease special education funding from year to year, in order to ensure they use federal special ed grants to enhance services for students, not offset state dollars.
professional judgment that a
federal statute is likely unconstitutional.
more or less likely to determine that a
federal statute has required the
If a court declines to invalidate an unconstitutional
federal statute by invoking the political-questions doctrine or denying the propriety of judicial review, this decision will not produce a de facto constitutional amendment because the statute still remains subject to repeal by the ordinary political processes.
Circuit Court of Appeals has greatly expanded the circumstances under which private parties can sue--and obtain court injunctions--to enforce their own notions of what
federal statutes require of states.
Coleman acknowledged that the authorities obtained the recordings in his case lawfully under the
federal statute. He maintained, however, that the cases finding that such recordings were not inadmissible were wrongly decided.
* People using the quotation these days don't always name a
federal statute as its source, but when they do it's usually the Federal Elections Act, the Canada Elections Act, the Elections Act of Canada or the Dominion Elections Act- and the date given is anywhere from 1867 to 1906.
"There is not a single Supreme Court case that insinuates that the President can violate a
federal statute in order to gather foreign intelligence," Fein tells me.
All this was done without the sanction of a
federal statute or the oversight of any official Congressional committee.
In response, the company filed suit in federal court in Concord, saying that the state law is pre-empted by
federal statute and regulations.
For large businesses, ERISA provides a uniform,
federal statute to govern health plans, alleviating the need to comply with state-to-state rules, regulations and benefit mandates.
Among the regulations is the Fair and Accurate Credit Transactions Act, or FACTA, a
federal statute that went into effect in June 2005.
After RLUIPA was passed in 2000, Goldberger and the Clinical Programs students amended their Ohio prisoner's complaint to include a claim that prison officials had violated the new
federal statute. At the time, Goldberger said he had heard of the other prisoner lawsuits on religious liberty grounds and wanted to consolidate them into one action to show the "breadth of the problem" for minority religions.
"Complying" with a complex
federal statute carries other costs, too.
