Attorney General Opinion No 1987 136

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Attorney General Opinion No. 1987-136

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-136 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-136 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 41-2701 e̲t̲ s̲e̲q̲., as amended by L. 1987, ch. 182 and L. 1987, ch. 183, regulates the sale and consumption of cereal malt beverages. However, neither Article 27, nor any subsequent amending legislation, contains a definition for "premises." Therefore, since the consumption of cereal malt beverages is not an area of concern exclusively reserved by the state, a local licensing authority may prescribe, within reason, its own definition of what constitutes a "premises." Cited herein: K.S.A. 41-2701, as amended by L. 1987, ch. 182, section 97; K.S.A. 41-2702, as amended by L. 1987, ch. 182, section 98; K.S.A. 41-2704, as amended by L. 1987, ch. 182, section 100, and by L. 1987, ch. 183, section 4; K.A.R. 14-21-2.

Attorney General Opinion No. 1987-159

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-159 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-159 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 24-136 provides for a special emergency fund, from which the board of directors of a drainage district can pay for most maintenance and repair work required in the operation of the drainage district. Cited herein: K.S.A. 24-133; 24-136; 24-627; 24-634.

Attorney General Opinion No. 1987-126

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-126 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-126 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.

Attorney General Opinion No. 1987-121

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-121 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-121 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Attorney General Opinion No. 1987-013

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-013 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-013 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 22a-101, 22a-106, 25-2505, 75-6101, 75-6102.

Attorney General Opinion No. 1987-065

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-065 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-065 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Attorney General Opinion No. 1988-136

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Attorney General Opinion No. 1988-136 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-136 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Shawnee county board of county commissioners may fund the Shawnee county fair association pursuant to K.S.A. 1987 Supp. 2-162 or K.S.A. 79-1946. The correct procedure is dependent upon the statutory authority employed. K.S.A. 1987 Supp. 2-162 procedures are not required unless a tax levy is made pursuant to that authority. Cited herein: Kan. Const., Art. 11, sections 1 and 5; K.S.A. 2-127, 2-128, 2-129; K.S.A. 2-130; K.S.A. 1987 Supp. 2-158; 2-162; K.S.A. 19-212; 79-1946 and 79-2934.

Attorney General Opinion No. 1987-023

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-023 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-023 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Attorney General Opinion No. 1987-070

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-070 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-070 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The statutory and regulatory scheme found in K.S.A. 1986 Supp. 55-609(c), 55-711(c) and K.A.R. 82-3-206 imposes an assessment to pay the conservation division expenses and administrative costs. Under this scheme the first purchaser pays the assessment and deducts it from payment of production to producers and royalty owners. Generally, as a matter of federal constitutional law, the federal government and Indian tribes are exempt from state taxation absent congressional consent. In our judgment there is implicit consent to tax the federal government in 30 U.S.C. sections 189 which authorizes a tax against a lessee of the federal government. This federal statute has been interpreted by the U.S. Supreme Court to authorize the tax against the lessee "as if the government were not concerned." There is also congressional authorization to tax the mineral interests of Indian tribes if the interests result from a lease issued to a non-Indian lessee pursuant to the 1924 Act found in 25 U.S.C. sections 398. However, this authorization does not exist in the Indian Mineral Leasing Act of 1938 found in 25 U.S.C. sections 396a. Therefore Indian mineral interests resulting from a lease issued to a non-Indian lessee pursuant to the 1924 Act are not exempt and those pursuant to the 1938 Act are exempt from the statutory and regulatory scheme in question. Cited herein: K.S.A. 1986 Supp. 55-609, 55-711, U.S. Const., Art. IV, sections 3, cl. 2; 30 U.S.C. sections 189, 25 U.S.C. sections 396a; 398.

Attorney General Opinion No. 1987-045

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-045 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-045 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Attorney General Opinion No. 1987-018

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-018 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-018 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 34-229 was amended by 1986 Senate Bill No. 518 to make grain warehouse bonds nonaccumulative. Thus, Kansas has joined the majority of the states and the federal government in disallowing the "stacking" of bonds. Cited herein: K.S.A. 34-229; L. 1986, ch. 153, section 1.

Attorney General Opinion No. 1987-098

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-098 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-098 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Mutual funds may not be used as securities for the deposit of state and municipal funds. Cited herein: K.S.A. 1986 Supp. 9-1101; 9-1402; 75-4201; K.A.R. 17-11-2; 15 U.S.C. section 80a-1 e̲t̲ s̲e̲q̲.

Attorney General Opinion No. 1987-026

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-026 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-026 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In 3̲2̲4̲ ̲L̲i̲q̲u̲o̲r̲ ̲C̲o̲r̲p̲.̲ ̲v̲.̲ ̲D̲u̲f̲f̲y̲, the Supreme Court of the United States held that the State of New York's statutory scheme for maintenance and control of retail liquor prices was in violation of Section 1 of the Sherman Act. The Court also held that New York's pricing system would not be saved under the "state-action exemption" from the antitrust laws (due to the fact that the state did not actively supervise the pricing system) or the Twenty-first Amendment to the United States Constitution (because the asserted state interests were not substantiated and did not suffice to afford such immunity). In Kansas, distributors are to file current bottle and case prices with the Director of the Division of Alcoholic Beverage Control. The Alcoholic Beverage Control Board is required to establish a minimum markup to be added on to the bottle price on file at the time of retail sale. The Board does not regulate the prices posted by distributors and has not adjusted the markup percentage for distilled spirits for approximately ten years. The pricing system for alcoholic liquor sales in Kansas is so closely aligned with that of New York that it too is in violation of antitrust laws. As a practical matter, prices are set by private industry and the State does not "actively" supervise the pricing system. Additionally, the United States Supreme Court held that unsubstantiated claims that the system promotes temperance and protects small liquor retailers are not sufficient to afford immunity under the Twenty-first Amendment. Cited herein: K.S.A. 41-1101; 41-1111; 41-1114; 41-1115; 41-1116; 41-1117; 41-1118; K.A.R. 13-4-2; 15 U.S.C. section 1.

Attorney General Opinion No. 1987-104

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-104 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-104 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Written instruments representing liens arising pursuant to the provisions of CERCLA, 42 U.S.C.S. section 9601 e̲t̲ s̲e̲q̲., or ERISA, 29 U.S.C.S. section 1001 e̲t̲ s̲e̲q̲., which are properly proved or acknowledged and certified are entitled to recording by the register of deeds in the county in which the real property affected by the instrument is located. Such instruments which do not meet these initial filing requirements should be filed in the office of the clerk of the United States District Court for the district in which the real property is located. The filing fees prescribed by K.S.A. 28-115 are appropriate for the filing of such instruments, and the instruments should be filed so as to provide notice to third parties. Cited herein: K.S.A. 28-115; 58-2221; 79-2601; 79-2607; 79-2608; 26 U.S.C.S. section 6323; 29 U.S.C.S. sections 1001, 1362, 1363, 1364, 1368; 42 U.S.C.S. sections 9601, 9607.

Attorney General Opinion No. 1987-174

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-174 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-174 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities. Cited herein: L. 1987, ch. 215, sec. 1 (to be codified at K.S.A. 1987 Supp. 60-3601).

Attorney General Opinion No. 1987-078

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-078 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-078 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 26-201, a city may appropriate private property by eminent domain for a public use. Acquisition of a railroad depot building which is included on the state register of historic places constitutes a public use. Cited herein: K.S.A. 26-201; 75-2714.