Attorney General Opinion No. 1995-016 PDF Download
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Author: Carla J. Stovall
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Languages : en
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The policy of unified school district no. 458 establishing classifications for assessing fees for use of school facilities is subject to the rational basis test of the equal protection clause, and will not be set aside if any state of facts reasonably may be conceived to justify it. While in our opinion the policy of unified school district no. 458 does not on its face violate the equal protection clause of the fourteenth amendment to the United States constitution or section 1 of the bill of rights of the Kansas constitution, a violation could occur depending on actual application of the policy. Cited herein: K.S.A. 72-8212; Kan. Const., bill of rights, section 1; U.S. Const., amend. 14, section 1.
Author: Carla J. Stovall
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Languages : en
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The policy of unified school district no. 458 establishing classifications for assessing fees for use of school facilities is subject to the rational basis test of the equal protection clause, and will not be set aside if any state of facts reasonably may be conceived to justify it. While in our opinion the policy of unified school district no. 458 does not on its face violate the equal protection clause of the fourteenth amendment to the United States constitution or section 1 of the bill of rights of the Kansas constitution, a violation could occur depending on actual application of the policy. Cited herein: K.S.A. 72-8212; Kan. Const., bill of rights, section 1; U.S. Const., amend. 14, section 1.
Author: Carla J. Stovall
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Languages : en
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Public fund depository laws precluding the state and its municipalities from placing their funds in branches of national banks that do not have home offices in Kansas do not violate the commerce clause, the supremacy clause or the equal protection clause of the United States constitution. Cited herein: K.S.A. 1994 Supp. 9-1111, as amended by L. 1995, ch. 79, sec. 15; K.S.A. 9-1401, K.S.A. 1994 Supp. 12-1675, 75-4201; 75-4205; 75-4208; 75-4209, as amended by L. 1995, ch. 194, sec. 2; 12 U.S.C. secs. 30, 36, 1831, 1831u, 1842; U.S. Const., art. I, sec. 8; art. VI; 14th amend.
Author: Carla J. Stovall
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Languages : en
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The term "counsel" as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453.
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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The national trails system act, 16 U.S.C. section 1247(d), enacted to preserve established railroad rights-of-way for future reactivation of rail service, authorizes the interstate commerce commission (ICC) to permit such rights-of-way to be used on an interim basis as recreational trails. In lieu of abandonment the ICC may approve the railroad right of way as an interim trail if the request is made before abandonment of the line has been consummated and if the trail use group reaches an agreement with the railroad company. If no agreement is reached and the ICC approves the abandonment, state law governs the disposition of the abandoned railroad property. Cited herein: K.S.A. 1993 Supp. 66-525; 16 U.S.C. sec. 1241; 49 U.S.C. section 10903; 49 C.F.R. section 1152.29.
Author: Carla J. Stovall
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Languages : en
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Kansas courts have allowed covenants not to compete if they are reasonable as to geographic area and time, part of an otherwise valid and enforceable contract, and related to a protectable interest of the employer. The particular contract clause discussed herein does not on its face prevent the hospital from providing the covered service to the public, but rather limits for a time the hospital's hiring of employees of the independent contractor currently providing the service. It is our opinion that the contract term in question is enforceable under Kansas law. Cited herein: K.S.A. 16-112; 50-132.
Author: Carla J. Stovall
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Languages : en
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An individual who borrows money from a pawnbroker has two months from the date the loan is due to redeem the security that has been pledged by paying the loan principal and the loan charge(s). If the borrower wishes to renew the loan for an additional thirty day period, the borrower must pay the monthly charge at the time of the renewal. Cited herein: K.S.A. 16-714; K.S.A. 1993 Supp. 16-719.
Author: Carla J. Stovall
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Languages : en
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The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear in court only through an attorney. While corporate representatives may participate in small claims matters, they may not practice law. Cited herein: K.S.A. 61-2703; 61-2704; 61-2705; 61-2707; 61-2712; 61-2713; 61-2714.
Author: Carla J. Stovall
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Languages : en
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Except to the extent the duration of a term of public office is specified or limited by the Kansas constitution, the legislature may constitutionally alter the term, even if the effect is to cut short the unexpired term of an incumbent officer. A person appointed to public office has no vested property or liberty interest in holding the office. Nor does an incumbent have a contract right to hold the office for the duration of the original fixed term. Cited herein: Kan. const. art. 2, section 18, art. 6, sections 2, 3, art. 15, secs. 1, 2; K.S.A. 74-3201, as amended by L. 1995, ch. 241, section 12; K.S.A. 75-4315b; L. 1995, ch. 241.
Author: Carla J. Stovall
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Languages : en
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A city may not prohibit the use of its park for political advocacy activities or prohibit the distribution of handbills, pamphlets, posters or any other literature of a political nature as such restrictions violate the first amendment to the United States constitution because the prohibition constitutes a prior restraint on communication without narrow objective and definite standards. Furthermore, the exclusion of all political activity in a city park is a content-based exclusion which requires the city to establish that the exclusion is necessary to serve a compelling governmental interest and is narrowly drawn to achieve that interest. Finally, a city may impose reasonable restrictions on the time, place or manner of protected speech provided the restrictions are justified without reference to their content, are narrowly tailored to serve a significant city interest and leave open ample alternative channels for communication of information. Cited herein: U.S. Const., amend. 1.
