We have never held that any exaction imposed for violation of the law is an exercise of Congress' taxing power even when the statute calls it a tax, much less when (as here) the statute repeatedly calls it a penalty.
Circuit Court of Appeals found that the EPA had abused the law with "an unreasonable exercise of agency discretion, " and it vacated the 2012 cellulosic ethanol mandate.
It is commonly agreed that the rule of law is one of the great bulwarks against the exercise of arbitrary power.
FORBES: Why Justice Breyer Should Steer Clear of Political Science
The government now dismisses the idea that one function of the law is to defend people against the arbitrary exercise of state power.
But a huge problem arises when we allow lawmakers to act upon periodic emotional tragedies to indiscriminately and increasingly limit prerogatives of law abiding citizens to exercise constitutionally-guaranteed rights.
Since his capture occurred when the U.S. and other coalition members were the occupying power in Iraq, there is ample basis in existing international law for the American exercise of legal jurisdiction over him.
WSJ: David Rivkin and Charles Stimson: Obama and the Hezbollah Terrorist
If you are in oil or gas, pay for studies criticising the disruptive exercise of competition law on energy suppliers.
Yet even if the government loses that argument, there is little doubt that Congress has the authority to fix the law to make it a valid exercise of the taxing power.
In stark contrast to the complex and even painful balancing exercise that international law requires of soldiers and legal advisers alike, a vocal group of legal "experts" remains unwilling to roll up its sleeves and grapple with the tough complexities of conflict situations such as Gaza.
CENTERFORSECURITYPOLICY: The inadequacy of international law
Mr. Ota had indicated that one of the reasons that he had encouraged a partneship was because of concerns that the children might try to exercise a right of partition that existed unde Hawaii law.
FORBES: Family Limited Partnerships Require Good Planning and Execution
So if there's any question as to whether in fact it's law or some subjective exercise on the part of the poll worker just a few minutes before you go to vote would answer that question.
Therefore, consistent with the authority vested in me by section 101(b) of Public Law 95-223, I continue for 1 year, until September 14, 2013, the exercise of those authorities with respect to Cuba, as implemented by the Cuban Assets Control Regulations, 31 C.
Greater Manchester Police (GMP) has admitted breaching health and safety law over the fatal shooting of an unarmed officer on a training exercise.
Rep. William Keating, D-Massachusetts, noted that almost 2, 000 law enforcement personnel took part in a planning exercise for the possibility of such an attack last November.
Despite his lack of formal training in Islamic law, Mr. Yerushalmi has come to exercise a striking influence over American public discourse about Shariah.
At the center of the cases is the Religious Freedom Restoration Act, the 1993 law that bars the government from imposing a substantial burden on the exercise of religion for anything other than a compelling government interest pursued in the least restrictive way.
Expansive federal inaction was read to displace a traditionally sound exercise of state police power that only sought to complement federal law as written.
FORBES: Dismantling Federalism Is A Shortcut With A Very Steep Price
It is an arrogant exercise of power without having to assume responsibility or accountability for implementing the law.
By law, your company must withhold at least the applicable flat rate of federal income tax on the exercise of your nonqualified stock options.
FORBES: Year-End Tax Planning Tips For Stock Options And Restricted Stock
Indeed, submarine patents can be prevented today, if only the Commissioner of Patents utilizes his existing authority and allows his examiners fully to exercise U.S. law.
When insurance companies are barred by law from considering pre-existing conditions in their evaluation of potential customers, what is being prohibited is the exercise of judgment.
The law is far from clear, but some clarity may come as the authors of post-1972 sound recordings begin to exercise their termination rights (which I have previously discussed here and here).
Lovelle - the name of the fictional town in the simulation - was a replication of a town in France where the training exercise had been carried out in real life, said Col Law.
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