Attorney General Opinion No. 1993-051 PDF Download

Author: Robert T. Stephan
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Languages : en
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Although price cutting may be an instrument of monopoly power to eliminate competitors, a newspaper company's discounted advertisement rate, in itself, is merely a competitive price cutting. There is no violation of antitrust laws under the facts presented. Cited herein: K.S.A. 50-101.

Author: Robert T. Stephan
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Languages : en
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Because Mr. Richard Kaminski was elected as a member of the board of county commissioners prior to enactment of L. 1993, ch. 250, sec. 2, Mr. Kaminski was required to be a resident of the commissioner district at the time he took the oath of office, but not at the time he filed his candidacy or at the time of election. If Mr. Kaminiski was successful in moving his residence to the third commissioner district, he was then qualified to take the oath of office and begin service as the county commissioner for the third district. Based on the information provided, it appears the board of county commissioners for Wyandotte county operated within its authority in enacting resolution no. 3008. Cited herein: K.S.A. 19-202; K.S.A. 1993 Supp. 19-202; K.S.A. 19-204; K.S.A. 1993 Supp. 19-204; K.S.A. 25-407; 25-2022a; 72-7504; K.S.A. 1993 Supp. 77-201; L. 1992, ch. 38, secs. 2, 6; L. 1993, ch. 250, secs. 2, 5; Kan. Const., art. 5, sec. 1; Kan. Const., art. 10, sec. 1; 18 U.S.C. sec. 591; 42 U.S.C. sec. 1971; U.S. Const., art. 1, sec. 2; U.S. Const., Amend. XIV, XV, XIX, XXIV, XXVI.

Author: Robert T. Stephan
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Category :
Languages : en
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State law prohibits the sale or consumption of alcoholic liquor at any location to which the general public has access regardless of whether or not the premises are privately owned. Criminal responsibility for allowing consumption in violation of state law is a question of fact that can be determined only on a case by case basis. In the absence of a cereal malt beverage license, cereal malt beverages may be dispensed at functions where an admission is charged only if no part of the admission charge is directly or indirectly used to pay for the cereal malt beverage. Cited herein: K.S.A. 21-3201, 41-719, 41-2602, 41-2603 and 41-2604.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 1992 Supp. 59-2123(a)(1) which prohibits advertisements relating to adoptions violates the first amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 59-2112; 59-2123; 59-2130; 59-2132.

Author: Robert T. Stephan
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Languages : en
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Article 15, section 15 of the Kansas constitution, the victims' rights amendment, does not exclude municipalities or municipal court proceedings from operation of its provisions. Cited herein: K.S.A. 74-7333; 74-7335; Kan. Const., art. 15, sec. 15.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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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
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Languages : en
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A community college may offer courses related to law enforcement which would satisfy the annual training requirement imposed on law enforcement officers by K.S.A. 1984 Supp. 74-5607a(b). Cited herein: K.S.A. 1984 Supp. 74-5604a; 74-5607a.

Author: Robert T. Stephan
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Languages : en
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Ordinance no. 16643 which prohibits picketing "directed towards or interfering with an activity or event" at a house of worship violates the first amendment to the United States constitution because it is not content-neutral. However, an ordinance which prohibits the focused picketing of a protected religious event within specified time and distance parameters is constitutional. Cited herein: 42 U.S.C. secs. 1983, 1988.

Author: Robert T. Stephan
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Languages : en
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As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.

Author: Robert T. Stephan
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Languages : en
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The legislature may, under article 11, section 1 of the Kansas constitution, define and redefine the term "public utility" as necessary and reasonable to effectuate the makers' and adopters' intent in treating such property differently for purposes of taxation; any legislative definition must remain consistent with the commonly understood meaning of the term. Cited herein: K.S.A. 66-104; 79-5a01; Kan. Const., art. 11, sec. 1; L. 1983, ch. 314, sec. 1; L. 1978, ch. 263, sec. 2.