Case law

Opinions from 1658 to today.

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  • No.

    Colorado Attorney General Reports · Aug 31, 1977

    Thus, the legislature clearly intended to conform the assistance available under the Colorado Medical Assistance Act to the Social Security Act. … Doe , supra , specifically held that although Title XIX of the Social Security Act does not require the funding of elective Medicaid abortions as a condition of participation in the Federal Medicaid Program established by

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  • Opinion No. Oag 2-07, ___ Op. Att'y Gen. ___ (2007)

    Wisconsin Attorney General Reports · Jul 26, 2007

    That is, if a student does not qualify on the basis of class rank, he may qualify on his/her performance on a test. … This situation clearly is within the intent of the proposed section. A proposal for a statutory requirement that the board establish a core curriculum was strongly rejected by MISC.

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  • Opinion No. (2008)

    Nebraska Attorney General Reports · Oct 9, 2008

    (E) the designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified … The requirement that congressional intent to displace local laws must be clearly manifested is obviously not satisfied in this case. Cohen v. Bredehoeft, 290 F.

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  • No.

    Colorado Attorney General Reports · Apr 16, 1981

    supervision of a person licensed under the laws of this state to practice medicine, but nothing in this exemption shall be deemed to extend the scope of any license, and this exemption shall not apply to persons otherwise qualified … A review of relevant statutes and case law clearly establishes that individuals functioning as physician extenders under the section 106(3)(1) exemption to the licensure requirements of the Medical Practice Act do not fall

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  • (1974)

    63 Op. Att'y Gen. 535 · Wisconsin Attorney General Reports · Oct 30, 1974

    However, the 1968 opinion nowhere deals with the text of sec. 180.87 (1) (i), Stats., which statutory language in fact establishes the basis for the entrance fee to be paid by a foreign corporation desiring authority to transact … The statutory provision clearly bases the fee to be paid on the capital of the applying corporation.

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  • Opinion No.

    Arkansas Attorney General Reports · Apr 21, 2006

    College at Hope, which was alleged to act in an advisory capacity to the University of Arkansas Board of Trustees after a merger between that institution and the Red Rock Technical College: Applying these statutes, if UACCH qualifies … Clearly, the Committee was created by government to assist government in its "official functions."

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  • (2000)

    85 Op. Att'y Gen. 120 · Maryland Attorney General Reports · May 19, 2000

    The Constitution expressly qualifies this grant of authority by specifying that the petition procedures and forms prescribed by the General Assembly must not conflict with Article XVI. … The provision dealing with the form of, and procedures for verifying, "petitions filed under Article XI-A or Article XVI of the Constitution," Former Article 33, § 23-3, clearly assigned authority over those matters to the

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  • Opinion No.

    Texas Attorney General Reports · Nov 2, 2000

    Legislature without constitutional power to repeal the laws upon which the pension system of the City of Dallas is based, or to modify their provisions in such way as to diminish the pensions payable to those who have become qualified … The principle underlying these decisions was clearly enunciated by Justice Marshall in National Railroad Passenger Corporation v .

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  • Opinion No.

    Arkansas Attorney General Reports · Aug 11, 2008

    . § 16-90-902 , commonly referred to as the "Uniform Expungement Act," which provides as follows: (a) An individual whose record has been expunged in accordance with the procedures established by this subchapter shall have … See also , A.C.A. § 7-6-102 (". . . a person shall be qualified to be a candidate for . . . township office and may certify that he or she has never been convicted of a felony if his or her record was expunged in accordance

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  • Opinion No.

    Arkansas Attorney General Reports · Jan 27, 2000

    In my opinion, the hazardous activities at issue clearly qualify as "employment" under this definition. … The preceding section has established that, under Arkansas law, your question should be answered in the affirmative if the youths are not compensated for their work.

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  • Ago

    Florida Attorney General Reports · Jul 9, 1999

    All participants, including, but not limited to, physicians, investigators, witnesses, and employees or associates of the defendant, are immune from civil liability arising from participation in the presuit screening process … While this statute clearly makes such information unavailable for civil litigation purposes, it does not make it confidential and exempt for purposes of section 119.09, Florida Statutes. 14 A number of documents may initiate

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  • Attorney General Opinion No.

    Kansas Attorney General Reports · Mar 5, 1996

    The act clearly gives counties the decision-making authority whether to allow corporate farming within their boundaries. … Land use restrictions generally qualify as valid exercises of police power.

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  • Opinion No. Oag 8-93, (1993)

    81 Op. Att'y Gen. 45 · Wisconsin Attorney General Reports · Jun 4, 1993

    As you note in your request, two basic propositions appear to be well established. The first is that there can be no copyright in *Page 46 judicial opinions. … But clearly it does not "coordinate" cases within the volume, except in ways dictated by its subminimally original categorization system.

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  • Untitled California Attorney General Opinion

    California Attorney General Reports · Nov 13, 1998

    In examining this language of section 810.2, we apply well established principles of statutory construction. … When the right to exercise complete control is retained, an employer-employee relationship is established.

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  • Opinion No.

    Arkansas Attorney General Reports · Sep 23, 1999

    It is well established that the acts of de facto officers are valid. Chronister v. State, 55 Ark. App. 93 , 931 S.W.2d 444 (1996); Pennington v. Oliver, 245 Ark. 251 , 431 S.W.2d 843 (1968), Ops. Att'y Gen. … See, e.g., A.C.A. § 24-11-405 (b) (authorizing members of local police pension boards to hold over in their board positions until their successors are elected and qualified).

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  • Opinion No.

    Texas Attorney General Reports · Dec 21, 2005

    Clearly, Congress enacted section 381(d)(1) and the other import provisions in the FFDCA with the goal of controlling the types of drugs that could be legally imported into the United States. … The agency is likely to have a thorough understanding of its own regulation and its objectives and is "uniquely qualified" to comprehend the likely impact of state requirements.

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  • Opinion No. (2005)

    Nebraska Attorney General Reports · Mar 8, 2005

    Investment Council in effect on the date the investment is made. 1 Section 15-849 currently limits investment by the city treasurer to purchases of certificates of deposit of banks, capital stock financial institutions, or qualifying … If public funds are involved, the plain language of the constitutional provisions cited appears to prohibit the investment of such funds in corporate stocks or similar equities, since the result will quite clearly give the

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  • Opinion No.

    Texas Attorney General Reports · May 23, 1990

    Article XVI, section 20(b) reads: The Legislature shall enact a law or laws whereby the qualified voters of any county, justice's precinct or incorporated town or city, may, by a majority vote of those voting, determine from … determination of the boundaries would not be exercised under its general power to fix precinct boundaries, but would be an administrative determination incidental to its power to order an election, and would control unless clearly

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  • Opinion No.

    Texas Attorney General Reports · Apr 15, 1986

    In a 5-4 decision, the Court rejected, as unsound in principle and unworkable in practice, a rule of state immunity from federal regulation that turns on a judicial appraisal of whether a particular governmental function … By enacting section 2f(1), the Texas Legislature has clearly evidenced the intent to comply with the FLSA.

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  • Opinion Number

    Louisiana Attorney General Reports · Dec 20, 2001

    Rash, 380 U.S. 89 , 85 S.Ct. 775 , 13 L.Ed.2d 675 , the resulting apportionment base offends no constitutional bar, and compliance with the rule established in Reynolds v. Sims is to be measured thereby. … The opinion did not take into account whether a home rule charter or special legislative charter may provide for the taking of a special census for reapportionment purposes, which if it did, may clearly be an alternative

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