The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), codified in 42 U.S.C. Chapter 103, is a large piece of legislation that gives the Environmental Protection Agency (EPA) the ability to intervene in...
STATUTE
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In 2001, Respondent Robert J. MacLean became a Federal Air Marshal (“Air Marshal”). See MacLean v. Dep't of Homeland Sec., 714 F.3d 1301, 1304 (Fed. Cir. 2013). In July 2003, MacLean and the other Air Marshals received a briefing from the...
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Overview
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting workplace discrimination. The EEOC was created by the Civil Rights Act of 1964. The employment section of the Civil Rights Act of 1964, known...
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Overview
Intermediate scrutiny is a test courts often use in the field of Constitutional Law to determine a statute's constitutionality. Intermediate scrutiny is only invoked when a state or the federal government passes a statute which...
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Overview
Minimum wage laws establish a base level of pay that employers are required to pay certain covered employees. The current federal minimum wage is $7.25 per hour. In addition to a federal minimum wage, some states also have their own minimum...
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On February 28, 2006, Petitioner Manfredo M. Salinas (“Salinas”), a railroad worker, applied to Respondent United States Railroad Retirement Board (the “Board”) for a disability annuity under 45 U.S.C. § 231(a)(1). See Salinas v. U.S. R.R. Ret. Bd. at...
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Statutory construction is the process of determining what a particular statute means so that a court may apply it accurately; also known as statutory interpretation. Although sometimes the words of a statute may have a plain meaning; in many...
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On August 23, 2007, Petitioner John Yates and his crew were actively engaged in fishing aboard their vessel when Officer John Jones (“Officer Jones”) of the Florida Fish and Wildlife Conservation Commission approached for an inspection. See United...