Download or read book Attorney General Opinion No 1996 057 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 64-101 sets forth criteria for newspapers in which legal notices, advertisements, and publications required by state law may be published. Subsection (a)(2) of K.S.A. 64-101 provides that eligible newspapers be entered at the post office of publication as second class mail matter. Newspapers which, after July 1, 1996, are entered at the post office as periodicals meet the standards required by the legislature when it enacted the provision. Therefore, newspapers entered at the post office as periodicals are deemed to comply with subsection (a)(2) of K.S.A. 64-101. Cited herein: K.S.A. 12-1651; 64-101; L. 1935, ch. 236, section 1; 39 C.F.R. section 30011.68.
Download or read book Attorney General Opinion No 1976 057 written by Curt Thomas Schneider and published by . This book was released on 1976 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: Senate Bill 740 does meet the constitutional requirements of Furman v. Georgia in providing for a mandatory sentence of death upon conviction of murder in the first degree.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Attorney General Opinion No 1996 030 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1950 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Attorney General Opinion No 1996 026 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order to ensure exercise of this right, state statute and the national voter registration act require that sites designated as places of registration be open to the public at large. Designation of sites which are not open to the public at large may result in legal action against the public entity responsible for the operation of the place of registration. Cited herein: KS. A. 25-2302; 25-2303; 25-2309; 252310; 25-2311; 25-2312; 25-2313; 42 U.S.C.A. section 1973gg; 42 U.S.C.A. section 1973gg-5; 42 U.S.C.A. section 1973gg-9.
Download or read book Attorney General Opinion No 1996 001 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
Download or read book Attorney General Opinion No 1996 036 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A unified school district may not enter into a contract the provisions of which require the unified school district to incur liability greater than that established under the Kansas tort claims act, K.S.A. 75-6101 et seq., or which require the unified school district to secure payment of its obligations in any manner other than those set forth in state statute. Cited herein: K.S.A. 60-1111; 72-8201; 72-8416; 75-6101; 75-6103; K.S.A. 1995 Supp. 75-6104; K.S.A. 75-6111; 75-6401; 75-6402; 75-6403; L. 1979, ch. 186, sections 1-15.
Download or read book Attorney General Opinion No 1996 058 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Because section 11(d) of 1996 senate bill no. 585 provides for a substantive rather than a procedural or remedial change, and in the absence of legislative intent that it operate retroactively, in our opinion it should be applied prospectively to felony drug offenses committed after July 1, 1996 and not retroactively to felony drug offenses committed on or after July 1, 1993 but before July 1, 1996 even if the sentencing occurs after July 1, 1996. Cited herein: K.S.A. 21-4705, as amended by 1996 SB 585.
Download or read book Attorney General Opinion No 1996 034 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Licensed medical practitioners and a licensed hospital may organize as a limited liability company pursuant to K.S.A. 17-760l et seq. Consistent with K.S.A. 17-7604 (q) and Kansas case law, the limited liability company may contract with other medical practitioners to provide health care services. Cited herein: K.S.A. 17-2708; 17-2710; 17-7602; 17-7603; 17-7604;17-7620; 17-7631; K.S.A. 1995 Supp. 40-3401; 65-425; K.S.A. 65-429; 65-442; 65-2801.
Download or read book Attorney General Opinion No 1995 057 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislative acts are presumed valid, particularly those enacted under the state's twenty-first amendment authority to regulate the traffic of liquor. Thus, while the justification for the corporate residency requirement for obtaining a microbrewery license is not apparent on the face of the statute, we cannot conclude that it is unconstitutional. Cited herein: K.S.A. 41-308b, as amended by 1995 S.B. 256, sec. 1; 41-311, as amended by 1995 S.B. 256, section 2; 41-2623; U.S. Const., art. I, sec. 8, Twenty-first Amend.
Download or read book Attorney General Opinion No 1996 077 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1995 Supp. 45-217 excludes judges of the district court from the definition of public agency. Judges' telephone records do not become public records merely because the telephone system is maintained by another branch of government. Cited herein: K.S.A. 1995 Supp. 45-217; 75-4709.
Download or read book Attorney General Opinion No 1996 025 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a matter of law, a person who is not a "public employee" as defined by K.S.A. 75-4322(a) does not qualify as a representative of public employees for purposes of the act establishing the requirements for appointment to the public employee relations board. However, whether an individual appointed to the board is excluded from the definition of "public employee" as defined by K.S.A. 75-4322(a) is an issue of fact. An individual presently employed as director of human resources or personnel manager for a state agency is not necessarily excluded from the definition of "public employee" as a matter of law for purposes of the public employer-employee relations act. The appointee's status as a supervisory employee, a confidential employee, or a management official depends upon the particular duties and functions associated with the job rather than the position title or classification, and the issue is properly resolved on a case-by-case examination of the relevant facts and circumstances. The factual determination whether an appointee meets the statutory requirements for a particular position properly rests with the senate when the appointment is subject to senate confirmation. Cited herein: Kan. const., art. 2, section 18, art. 15, section 1; K.S.A. 75-4315b; 75-4321; 75-4322; K.S.A. 1995 Supp. 75-4323; K.S.A. 75-4324; 75-4333; 75-4334; 29 U.S.C. section 152(11).
Download or read book Attorney General Opinion No 1979 057 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the exercise of its police power, a city may regulate the installation of electrical wiring or equipment within the city's corporate limits, so long as that regulation is reasonably related to the public health, safety or morals.
Download or read book Attorney General Opinion No 1996 075 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A pupil attending a private school does not possess a property interest in the yearly provision, free of charge, of auxiliary school services as enunciated under K.S.A. 72-5393. Amending the statute as proposed in 1996 senate bill no. 636 would not violate the due process clause of the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 72-5392; 72-5393; 1996 senate bill no. 636; 20 U.S.C. section 1400; U.S. const., amend. XIV.
Download or read book Attorney General Opinion No 1996 078 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The review of a petition by the county or district attorney conducted prior to circulation of the petition should be directed toward the form, rather than the content, of the question the petitioners seek to bring to an election. The opinion of the county or district attorney required under K.S.A. 25-3601 should address whether the question petitioners seek to bring to an election is in the form of a question, appears as it should upon the ballot, and includes the language set forth in K.S.A. 25-620. A rebuttable presumption as to these aspects of the question will attach upon approval of the question by the county or district attorney. The entity to which the petition is directed retains the authority to determine whether the question set forth in the petition is misleading or ambiguous. Cited herein: K.S.A. 10-101; 10-120; K.S.A. 1995 Supp. 12-1927; K.S.A. 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sections 2, 3; L. 1976, ch. 190, section 1.
Download or read book Attorney General Opinion No 1991 057 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A conviction for a third or subsequent violation of K.S.A. 1990 Supp. 8-1567 requires that the offender serve a 90-day sentence. The offender must serve 48 consecutive hours imprisonment. Any subsequent time served in a work release program may be counted towards fulfilling the 90-day sentence provided the work release program requires such offender be confined at the end of each day. A planning unit may enter into an agreement with a private agency for the purpose of operating a work release program identified in the planning unit's 'comprehensive plan for community correctional services programs. Cited herein: K.S.A. 1990 Supp. 8-1567; 21-4602; 21-4603; K.S.A. 75-5291; 75-5294; 75-52,100; K.A.R. 44-11-111; 44-11-113; 44-11-114; 44-11-119.
