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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
With one limited and inapplicable exception, Congress has preempted the area of railroad safety including drug testing. Accordingly, state and local law enforcement officials may not conduct drug testing of railroad employees following a grade crossing accident. Cited herein: U.S. Const., art. VI, cl. 2; 45 U.S.C. sec. 421, 434.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
With one limited and inapplicable exception, Congress has preempted the area of railroad safety including drug testing. Accordingly, state and local law enforcement officials may not conduct drug testing of railroad employees following a grade crossing accident. Cited herein: U.S. Const., art. VI, cl. 2; 45 U.S.C. sec. 421, 434.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The provisions of 1994 house bill no. 2056 do not embrace two or more subjects which are so dissimilar and discordant that the provisions cannot reasonably be considered as having any legitimate connection with or relationship to each other. The bill does not violate section 16 of article 2 of the Kansas constitution. Cited herein: K.S.A. 72-5443; K.S.A. 1993 Supp. 72-6410; 72-6433; K.S.A. 76-11a03; Kan. Const., art. 2, sec. 16; 1994 House Bill No. 2056.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
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
In B̲e̲l̲l̲o̲t̲t̲i̲ ̲v̲.̲ ̲B̲a̲i̲r̲d̲, 443 U.S. 622, 995 S. Ct. 3035, 61 L. Ed. 2d 797 (1979) (plurality opinion) the United States Supreme Court held that the United States Constitution would permit a state to require a pregnant minor to obtain parental consent to an abortion if the state provided an alternative procedure whereby the minor could establish that she was mature enough to make the decision on her own or that it would be in her best interests to have the abortion. Since 1988 House Bill No. 2950 establishes such an alternative procedure, it is our opinion that its parental consent requirements would pass constitutional muster. Cited herein: 1988 House Bill No. 2950.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The pursuit of a "common calling," the right to practice one's chosen profession, is a fundamental privilege protected by of Article IV, Section 2 of the United States Constitution, commonly referred to as the Privileges and Immunities Clause. The ability to engage in business as a pawnbroker or precious metal dealer is as much a "common calling" as any other occupation or profession and is thus a protected privilege under the Clause. In the absence of any known substantial rationale to justify Kansas residency for persons who wish to engage in business as a pawnbroker or precious metal dealer, the Kansas statutory provisions which establish such a requirement are found to violate Article IV, Section 2 of the United States Constitution. Cited herein: K.S.A. 16-708. U.S. Const., Art. 4, section 8.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Pursuant to the Kansas sentencing code neither court services officers nor community corrections officers have authority to unilaterally restrict the liberty of clients under their supervision. A statute which would purport to grant such authority to court services officers or community corrections officers without the benefit of a hearing would violate due process rights guaranteed under the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 21-4602; 21-4603; 21-4610.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The Supreme Court nominating commission is not subject to title 7 of the civil rights act of 1964, as amended, but is subject to the Americans with disabilities act and the Kansas act against discrimination. Cited herein: K.S.A. 20-124; 20-125; 20-132; 20-137; 20-138; 20-3004; 20-3007; K.S.A. 1992 Supp. 44-1002; 44-1006; 44-1009; Kan. Const., art. 3, sec. 5; 29 U.S.C.S. sec. 630; 42 U.S.C.S. sec. 2000e; 42 U.S.C.S. sec. 2000e-2; 42 U.S.C.S. secs. 12101, 12111, 12112.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
If no timely objection regarding the nomination petition is filed with the county election officer, the nomination petition submitted by a person seeking to become a candidate for member of the board of education of a unified school district utilizing voting plan-B is deemed valid regardless whether the petition was signed by electors residing within the unified school district, but not in the district member position in which the person sought to be a candidate. Cited herein: K.S.A. 25-308; 25-1436; 25-2001; 25-2005; 25-2020; 25-2022a; 72-7901; 72-7903; 72-8003.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The convening of the standing committees which have been designated by the legislative coordinating council as interim study committees between regular sessions of the legislature does not violate article 2, section 8 of the Kansas constitution. Furthermore, the legislative coordinating council has broad statutory power to dictate the subjects that the standing committees will study during the interim session and, consequently, standing committees are authorized to meet and consider whatever subjects have been authorized by the council. Cited herein: K.S.A. 1992 Supp. 46-134a; K.S.A. 46-157; K.S.A. 1992 Supp. 46-801; K.S.A. 46-1002; 46-1201; K.S.A. 1992 Supp. 46-1202; K.S.A. 46-1205; 46-1206; 46-1207; 46-1604, as amended by L. 1993, ch. 136, sec. 3; Kan. Const., Art. 2, Secs. 1, 2, 8.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: American Bar Association. House of Delegates
Author: Robert T. Stephan
Author: Carla J. Stovall
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Carla J. Stovall
Author: Robert T. Stephan