D. Is Persuader Rule Constitutional? The main arguments against the Persuader Rule are that it (1) exceeds the DOL’s authority under the Labor-Management Reporting and Disclosure Act (LMRDA) by effectively eliminating the advice exception; (2) is arbitrary‚ capricious‚ and an abuse of discretion; (3) contains reporting requirements that are inconsistent with and undermine the attorney-client privilege and the confidentiality of the attorney-client relationship; (3) is unconstitutional; and (4) violates
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making it‚ and by which he agrees not to sue the party liable to such action Exceptions to the Consideration Requirement * Promises that induce reliance under the doctrine of promissory estoppel * Promises to pay dabts that are barred by a statute of limitations * Promises to make charitable contributions Promissory estoppel- a person who has reasonably relied on the promise of another may be able to obtain some measure of recovery. Requirements to make a claim 1. Must be a clear
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Chapter 3 Courts and Alternative Dispute Resolution Answers to Learning Objectives/ For Review Questions at the Beginning and the End of the Chapter Note that your students can find the answers to the even-numbered For Review questions in Appendix F at the end of the text. We repeat these answers here as a convenience to you. 1A Judicial review The courts can decide whether the laws or actions of the legislative and executive branches of government are constitutional. The process for making
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The History and Legal Position of Confucianism in Post-independence Indonesia (By: Heriyanto Yang) Pre-independence historical background The Chinese are believed to have landed on Indonesian soil‚ the then Nusantara archipelago‚ as early as the third century BC. As is the case with almost all groups of immigrants in the world‚ they brought along with them‚ in the course of the centuries‚ their culture‚ beliefs‚ values‚ and a sense of affinity with the motherland. The idea that Confucianism
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three key questions: Is there a deadline for me to take legal action for my personal injury claim? This is one of the most important questions to ask a Sacramento personal injury attorney. The California statute of limitations restricts the time a person has to file a personal injury lawsuit. Statutes of limitations vary by
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China is a state with unitary political system. In other words‚ there is not a division of legislative power between the central government and the provincial governments in China. The national legislative power is exercised by National People’s Congress (NPC) and the Standing Committee of National People’s Congress. Among which: NPC is in charge of making the criminal law‚ the civil law‚ state organ laws and other basic laws. The Standing Committee of NPC is in charge of making and revising the
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give significant deference to presidential directions concerning how they should interpret their statutes” (2007‚ p. 891). Courts can treat these directions as irrelevant. Sides also have different responsibilities. While agencies should interpret statutes for their programs‚ courts do not have such responsibility. Mashaw states in his article that “agencies are responsible for implementing statutes‚ [not for] judicial decisions‚ which… are directed to reviewing courts” (2007‚ p. 903). Institutions
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Misappropriation of a trade secret a successful plaintiff can recover profits made by offender of trade secret‚ recover the damages‚ and obtain an injunction prohibiting the offender from diverging or using the trade secret. Economic Espionage Act a federal statute that makes it a crime for any person to convert a trade secret for his or her own or another’s benefit‚ knowing or intending to cause injury to the owners of the trade secret. Patent Periods Utility patents for inventions are valid for twenty years
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To: Prof. Lang From: A. Foster Date: November 23‚ 2010 Re: Smith’s defenses to dog bite Questions Presented: 1) Under Florida Statute Section 767.04 which sets the defenses in which a dog owner can avoid liability due to injury caused by a dog bite‚ can dog owner avoid liability by using the defense of provocation for injuries caused by a dog bite when the owner’s dog bit an 8 year old child‚ when said minor while dressed in a cat costume came onto our client’s property‚ noticed client’s Yorkshire
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the historical perspectives that have driven the state statutes that govern the practice of grade level retention. This paper will continue by examining current state practices and how said statutes are incorporated into our San Antonio Independent School District (SAISD) local promotion and retention policy. The paper will conclude by offering some insight into how the local policy can be altered to more closely align with the state statutes‚ as well as successful policies of neighboring districts
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