Attorney General Opinion No. 1994-054 PDF Download
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Author: Robert T. Stephan
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Languages : en
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An entity that retains extensive control over another's manufacture of a product exclusively for that entity is considered a manufacturer for purposes of the trading stamp act. Evidence of the control necessary includes: requiring that the product be manufactured according to the entity's explicit specifications; requiring the entity's logo or trademark be affixed to each product manufactured; prohibiting distribution of the product to anyone other than at the direction of the entity for which it is made; and dictating the level of production. Cited herein: K.S.A. 8-601; 8-1434; K.S.A. 1993 Supp. 8-2401; K.S.A. 21-2801; 21-2802; K.S.A. 1993 Supp. 21-2803; K.S.A. 41-102; K.S.A. 1993 Supp. 60-3302; K.S.A. 75-1212; K.S.A. 1993 Supp. 79-201; K.S.A. 79-3370; 79-3402.
Author: Robert T. Stephan
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Languages : en
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An entity that retains extensive control over another's manufacture of a product exclusively for that entity is considered a manufacturer for purposes of the trading stamp act. Evidence of the control necessary includes: requiring that the product be manufactured according to the entity's explicit specifications; requiring the entity's logo or trademark be affixed to each product manufactured; prohibiting distribution of the product to anyone other than at the direction of the entity for which it is made; and dictating the level of production. Cited herein: K.S.A. 8-601; 8-1434; K.S.A. 1993 Supp. 8-2401; K.S.A. 21-2801; 21-2802; K.S.A. 1993 Supp. 21-2803; K.S.A. 41-102; K.S.A. 1993 Supp. 60-3302; K.S.A. 75-1212; K.S.A. 1993 Supp. 79-201; K.S.A. 79-3370; 79-3402.
Author: Robert T. Stephan
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Languages : en
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The application affidavit provisions of 1994 senate bill no. 459 do not require notarization if an unsworn written declaration, subscribed under penalty of perjury, in substantially the form required by K.S.A. 1993 Supp. 53-601 is given in lieu of a sworn affidavit. Cited herein: K.S.A. 1993 Supp. 53-502; 53-601; K.S.A. 54-101; 54-105; 1994 S.B. No. 459.
Author: Robert T. Stephan
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Languages : en
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In an election to approve a tax levy increase, a watershed district formed pursuant to K.S.A. 24-1201 et seq., must determine who is a landowner for purposes of establishing "qualified elector" status. By statute, the tax rolls establish satisfactory evidence of title when furnished by the county clerk as a record of ownership, K.S.A. 24-1203. When, however, a qualified landowner's identity appears as et ux., et vir. or et al. on the tax rolls, the election judge may challenge such voter's qualifications using the general conduct of election laws found at K.S.A. 25-407 et seq. If challenged, the landowner must establish the right to vote by presenting a copy of the recorded deed identifying the person as a landowner. Cited herein: K.S.A. 24-1201; 24-1202; 24-1203; 24-1219; 25-407; 25-410; 25-414; 25-2601; 25-2908; 54-101; 54-104.
Author: Robert T. Stephan
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Languages : en
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Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
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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Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
Author: Virginia. Office of the Attorney General
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Category : Attorneys general's opinions
Languages : en
Pages : 620
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Author: Robert T. Stephan
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Languages : en
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Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.
Author: Robert T. Stephan
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Languages : en
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1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.
Author: Robert T. Stephan
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Languages : en
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Kansas law recognizes contractual guarantees between parent and wholly owned subsidiary corporations for the purpose of meeting the financial requirements of owners and operators of hazardous waste treatment, storage, and disposal facilities. However, the terms of the guarantee must be identical to the terms of 40 C.F.R. 264.151(h)(2). Cited herein: K.S.A. 17-6102; 40 C.F.R. secs. 264.147; 264.151; 265.147.
