Under the Supremacy Clause of the U.S. Constitution, federal statutes trump conflicting state laws.
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Uncle Sam has no power to force states to aid in the prosecution of federal statutes.
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First, federal statutes are often so poorly written and so vague that they are in effect incomprehensible.
The Supreme Court is routinely called upon to interpret and apply federal statutes which Congress drafted in an ambiguous manner.
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Such actions are not only wrong, but illegal under various federal statutes, wrote Norman Strickman, assistant director for Aviation Consumer Protection.
Reno said Justice staffers are going through federal statutes to see if there is a proper federal role in the Jonesboro case.
These federal statutes, however, establish a two-tier disclosure system.
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That could spark a legal war among regulators, cable and broadcasters and may end up at the U.S. Supreme Court, which sometimes takes a dim view of federal statutes intended to curb indecency.
Carl Tobias, a law professor at the University of Richmond, said a ban on public display of a legal product could face a challenge under the Constitution or federal statutes that already regulate tobacco.
The judge ruled that federal antikickback statutes don't apply to HMOs, so Chase hadn't committed a crime.
The judge ruled that federal antikickback statutes don't apply to health maintenance organizations (HMOs), so Chase hadn't committed a crime.
Well nothing really, except for possible violations of some federal criminal statutes (wire fraud? even perhaps racketeering?) and collusion in filing of a frivolous lawsuit.
Roger Pilon of the Cato Institute notes that a mere three mentions of crime in the Constitution have blossomed into 3, 000 federal criminal statutes and perhaps 300, 000 regulations with criminal sanctions.
In their lawsuit, Ms. Marino and Mr. Pietrylo claim that their managers illegally accessed their online communications in violation of federal wiretapping statutes and that the managers also violated their privacy under New Jersey law.
The recent ruling by a U.S. District Court judge that sonar training off of the West Coast was not a national security issue, but rather an environmental issue subject to the constraints of federal environmental statutes, illustrates the reality of this risk.
The U.S. Code alone contains 55, 000 pages of mandates, and that's only a sliver of federal and state statutes.
It is imperative small business owners provide training to management and employees on local, state and federal employment law statutes.
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The passage of numerous municipal, federal and state statutes forbidding discrimination against protected classes of individuals has spawned large amounts of employment litigation.
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Kathleen McKenna, a partner in the labor practice at the law firm Proskauer Rose, says that both federal and local statutes forbid interviewers from asking about marital or family status, or about medical conditions.
Because the discussion regarding materiality in a federal securities fraud action are also applicable in the main to fraud claims alleged under the common law, the state blue sky laws, or other anti-fraud federal and state statutes, the discussion of materiality will not treat the latter separately.
Covering private mortgage brokers and other companies Over 50% of sub-prime mortgages issued as recently as 2005 involved private mortgage institutions and similar entities not currently covered under federal bank fraud criminal statutes.
It's also why it expands DOJ's authority to prosecute fraud that takes place in many of the private institutions not covered under current federal bank fraud criminal statutes -- institutions where more than half of all subprime mortgages came from as recently as four years ago.
There is nothing in the Constitution, federal, state or local statutes that expressly prohibits it.
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But federal courts strike down state statutes all the time for violating the U.S. Constitution.
Of course, geez, how nice that FINRA cites to so many federal and state rules and statutes in its proceedings and appeals.
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The complaint alleges that the project violates federal environmental and historic-preservation statutes, and seeks an injunction stopping the city from moving forward with it.
Today, fraud claims alleging a failure to disclose might be based upon violations of federal securities laws, state blue sky laws, state consumer protection laws, and other federal and state anti-fraud statutes.
For example, under federal securities laws, there are statutes and rules permitting SEC administrative and civil enforcement actions and private causes of action which do not impose a requirement to plead or prove scienter.
If, as DOJ argued in Williamson, a determination by federal officials that a specific regulation is unwarranted under federal law does not mean that states are barred from adopting the same regulation, then the Arizona immigration statutes cannot be deemed to conflict with federal law.
They may receive payment under federal or state civil rights and compensation statutes or under the common law of false imprisonment.
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