Attorney General Opinion No. 1987-087 PDF Download
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Author: Robert T. Stephan
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Languages : en
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The Kansas Take-Over Bids Act is unconstitutional pursuant to the Supremacy and Interstate Commerce Clauses of the United States Constitution. As applied to entities required to register securities under federal law, the state act is pre-empted. As applied to other entities, the act frustrates the neutral Congressional position between management and acquiring entities, and is therefore pre-empted. In addition, the act is invalid on the grounds that it creates an undue burden on interstate commerce. State regulation of tender offers is not entirely prohibited. However, if the state wishes to regulate, it must do so by legislative action rather than by judicial application of a broad severability clause. Cited herein: K.S.A. 17-1276; 17-1277; 17-1279; 17-1284; 17-1285; 15 U.S.C. sections 781, 78m, 78n, 78bb; 17 C.F.R. sections 240.14d, 240.14e.
Author: Robert T. Stephan
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Category :
Languages : en
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Book Description
The Kansas Take-Over Bids Act is unconstitutional pursuant to the Supremacy and Interstate Commerce Clauses of the United States Constitution. As applied to entities required to register securities under federal law, the state act is pre-empted. As applied to other entities, the act frustrates the neutral Congressional position between management and acquiring entities, and is therefore pre-empted. In addition, the act is invalid on the grounds that it creates an undue burden on interstate commerce. State regulation of tender offers is not entirely prohibited. However, if the state wishes to regulate, it must do so by legislative action rather than by judicial application of a broad severability clause. Cited herein: K.S.A. 17-1276; 17-1277; 17-1279; 17-1284; 17-1285; 15 U.S.C. sections 781, 78m, 78n, 78bb; 17 C.F.R. sections 240.14d, 240.14e.
Author: Robert T. Stephan
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Languages : en
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By virtue of authority granted to the Kansas Arts Commission by K.S.A. 74-5204, the Commission is permitted to make the proposed grants of economic development initiative fund moneys pursuant to 1988 House Bill No. 2808 and K.S.A. 1987 Supp. 79-4804. Cited herein: K.S.A. 74-5204; K.S.A. 1987 Supp. 79-4801; 79-4804; 1988 House Bill No. 2808.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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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.
Author: Robert T. Stephan
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Languages : en
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Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
Author: Robert T. Stephan
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Languages : en
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Charitable immunity, in contrast to governmental immunity, did not exist in the common law prior to the enactment of the Kansas. Constitution. As a result, a legislative grant of immunity to charitable organizations from suits arising out of the negligence of the organization in distributing free food would violate Section 18 of the Kansas Bill of Rights, which guarantees all persons who suffer injury a remedy by due course of law. Attorney General Opinion No. 80-187 is affirmed. Cited herein: K.S.A. 48-915, 48-936, 65-1127, 65-1462, 65-1652, 65-2891, 65-2898, Section 18, Kansas Bill of Rights.
Author: Robert T. Stephan
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Category :
Languages : en
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K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Author: Robert T. Stephan
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Languages : en
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The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.
Author: Virginia. Office of the Attorney General
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 620
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Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
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Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
