Congressional intent to permit (or preclude) private enforcement is irrelevant, as is the issue of whether the language of the federal statute
lends itself to judicial enforcement.
Like Shamrock, these new surveillance programs lack any sanction in federal statute
The law is a successor to the 1993 federal Religious Freedom Restoration Act (RFRA), a federal statute
that barred all government actions substantially burdensome to some religious freedoms, unless the government actions were supported by a compelling interest.
I am also responding to some legislators' fears that any action on this issue is foreclosed, due to federal statutes
that appear to prevent states from enacting residency for undocumented persons who might be living in their states.
Legal challenges to the federal statute
have also failed, even in light of the Supreme Court's 1995 decision in U.
61) Much more dramatically, in 1995 the Court for the first time in sixty years held that a federal statute
regulating the citizenry exceeded congressional authority under the commerce power.
As a result, the petition must be dismissed since FDCPA, being a federal statute
, preempted the conflicting requirements of RPAPL under which these eviction proceedings were commenced.
The Alaska Supreme Court rejected Allstate's contention, finding that although the federal statute
may establish certain ground rules of coverage and policy interpretation, there was no federal preemption of state law-based fraud actions.
A federal statute
creating a cause of action against hospitals that violate the statute's provisions.
Nor can he bring a new case in federal court since sexual orientation, unlike race or religion, is not protected under federal statute
This federal statute
prohibits a physician from referring Medicare or Medicaid patients to entities with which the physician has a financial relationship.
The Court also held that the federal statute
embodies a de minimis rule, with the test being whether the activity in question "establishes a nontrivial additional connection with the taxing state.
The Fourth Circuit Court of Appeals, however, reversed, finding that the confession was admissible under the federal statute
that had replaced the mandatory requirements of Miranda.
His analysis took a step-by-step evaluation of the federal statute
and compared it with the New York RPAPL.
The same is also true in Pennsylvania; however, its statute is somewhat more outdated, as it allows only corporations that qualify under the Federal statute
that existed on Jan.