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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The Kansas Department of Health and Environment (KDHE), as agent of the Department of Health and Human Services (DHHS), and the entities with whom KDHE contracts, as subagents of DHHS, are subject to the final decree issued by the United States District Court for the District of Massachusetts in C̲o̲m̲m̲o̲n̲w̲̲e̲a̲l̲t̲h̲ ̲o̲f̲ ̲M̲a̲s̲s̲a̲c̲h̲u̲s̲e̲t̲t̲s̲ ̲v̲.̲ ̲B̲o̲w̲e̲n̲, 679 F. Supp. 137 (D. Mass. 1988), enjoining the enforcement and application of the regulations published at 52 Fed. Reg. 2944-2946 (February 2, 1988), including without limitation those regulations appearing at 42 C.F.R. sections 59.7, 59.8, 59-9 and 59.10, and the related definitions appearing at section 59.2. A partial effect of these regulations, which expanded the definition of "federal funds" to include matching funds and income from fee paying clients, would have been to prohibit health clinics from obtaining membership in or supporting organizations whose lobbying activities advocated abortion, and to deny federal grant funds to health clinics which provided abortion counseling or referrals, even though the activities were supported through nonfederal funds. Cited herein: 42 U.S.C. section 300a (1982); 42 C.F.R. sections 59.2; 59.7-10.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The Kansas Department of Health and Environment (KDHE), as agent of the Department of Health and Human Services (DHHS), and the entities with whom KDHE contracts, as subagents of DHHS, are subject to the final decree issued by the United States District Court for the District of Massachusetts in C̲o̲m̲m̲o̲n̲w̲̲e̲a̲l̲t̲h̲ ̲o̲f̲ ̲M̲a̲s̲s̲a̲c̲h̲u̲s̲e̲t̲t̲s̲ ̲v̲.̲ ̲B̲o̲w̲e̲n̲, 679 F. Supp. 137 (D. Mass. 1988), enjoining the enforcement and application of the regulations published at 52 Fed. Reg. 2944-2946 (February 2, 1988), including without limitation those regulations appearing at 42 C.F.R. sections 59.7, 59.8, 59-9 and 59.10, and the related definitions appearing at section 59.2. A partial effect of these regulations, which expanded the definition of "federal funds" to include matching funds and income from fee paying clients, would have been to prohibit health clinics from obtaining membership in or supporting organizations whose lobbying activities advocated abortion, and to deny federal grant funds to health clinics which provided abortion counseling or referrals, even though the activities were supported through nonfederal funds. Cited herein: 42 U.S.C. section 300a (1982); 42 C.F.R. sections 59.2; 59.7-10.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Gross operating revenue," as that term is used in 1989 House Bill No. 2502, includes revenue received from transactions other than title insurance. For purposes of determining whether 20% of gross operating revenue received in the previous six months is derived from controlled business, revenue received from transactions involving land sales in counties populated by 10,000 or less is not included. Since the prohibitions contained in the act do not substantially impair obligations under existing title insurance contracts, the act does not violate the contracts clause of the United States Constitution. The distinction between counties having a population of 10,000 or less and those having a population of more than 10,000 does not create an impermissible classification. Finally, the rule-making authority granted by the act does not conflict with the statute granting rulemaking authority in areas not affected by the act. Cited herein: K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.S.A. 40-2404 (Ensley 1986); K.S.A. 1988 Supp. 40-2404, as amended by 1989 House Bill No. 2502; K.S.A. 40-2404a; K.A.R. 40-3-43 (Proposed, not yet published); U.S. Const. Art. I, section 10, cl. 1.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Installation, maintenance and design of water well pumps is not "construction of water wells" within the meaning of the Kansas groundwater exploration and protection act. Therefore, a water well contractor's license is not required to install, maintain or design a water well pump. Additional legislation is required for the department of health and environment to impose continuing education on licensed water well contractors. Cited herein: K.S.A. 82a-1203, as amended by 1989 Senate Bill No. 121; 82a-1206; K.S.A. 1988 Supp. 82a-1214; K.A.R. 1987 Supp. 28-30-2; 1988 House Bill No. 2828; 1986 House Bill No. 2652.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
An individual county commissioner is not given statutory authority to unilaterally exercise the powers of the commission and examine personnel records, which otherwise are not open for public inspection. However, the board of county commissioners may inspect county personnel records if appropriate actions are taken as a board at an open meeting. Cited herein: K.S.A. 19-103; 19-208; 19-212; 45-216; 45-221, as amended by L. 1994, ch. 89, sec. 5, ch. 101, sec. 2, ch. 107, sec. 8, and ch. 138, sec. 28.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: American Bar Association. House of Delegates
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan