Section 253 of the Communications Act of 1934 grants NextG the right to provide telecommunications services and prohibits municipalities from imposing requirements that prevent NextG from providing telecommunications services or that "have the effect of prohibiting" NextG from providing telecommunications services. Recent court decisions applying Section 253 have held that any municipal requirement that "materially inhibits" NextG's ability to compete is pre-empted.

Yes. A federal trademark establishes a presumption of ownership in a court of law. Owners of common law trademarks have to prove they use and own the trademark - sometimes on a county-by-county basis. This can be expensive and time consuming to prove in court. Financially, the only one who benefits would be the lawyers.

Federal law says that citizens have the right to vote and to have their vote counted properly. States can run their own elections as long as they don't violate that right. Federal Law.

of January 1, 2005, charities that accept donations of vehicles, trucks, boats, and airplanes — and later sell these donated items — will be subject to additional reporting requirements. Charities will be required to disclose in writing, to each donor and to the IRS, the gross proceeds raised from the sale of their donated vehicle when the vehicle is sold for $500.00 or more.

The law will not affect donors who do not itemize on their taxes. Donors who do itemize their taxes will no longer carry the burden of determining the value for their donation. Instead, they will receive a verifiable written receipt from the charity, which will document the gross proceeds of the donated vehicle valued at $500.00 or more. Donors are encouraged to speak to their tax advisors for more information.

The Voting Rights Act of 1965 protects every American against racial discrimination in voting. This law also protects the voting rights of many people who have limited English skills. It stands for the principle that everyone's vote is equal, and that neither race nor language should shut any of us out of the political process. You can find the Voting Rights Act in the United States Code at 42 U.S.C. 1973 to 1973aa-6.

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.

Answer: To be protected by federal trademark law, the marked goods and services must be used in interstate commerce. Federal trademark law is known as the Lanham Act. It protects marks that are registered with the United States Patent & Trademark Office as well as those that are in use but never registered. Court opinions and United States Patent & Trademark Office (USPTO) regulations also interpret trademark rights and remedies.

Workers cannot give up any of their rights. Even if workers agree verbally or in writing to give up their right to overtime, vacation pay, holidays, or any other rights detailed in the Labor law, it is not valid.

Most criminal prosecutions of all kinds, including hate crimes, take place at the state and local level. Under our Constitution, the federal government's jurisdiction to enact criminal law is more limited. Federal authority to enact and prosecute hate crimes comes primarily from the post Civil War Constitutional Amendments and earlier provisions granting Congress authority to regulate interstate commerce.

Many members of both parties in Congress have confused a public health issue, medical marijuana, with the politics of the War on Drugs. In doing so, they have denied an effective medication to the seriously ill and dying. On June 15, 2005, the House voted 264 to 161 against a bi-partisan measure, sponsored by Reps.

The Bush Administration is attempting to use the federal Controlled Substances Act (CSA) to overturn the Oregon law. Congress passed the CSA specifically to (1) ban the use and trafficking of illegal drugs and (2) regulate the use of legal narcotics for approved medical purposes. The CSA does not apply to the Death with Dignity Act because the Oregon law specifies only the use of legal narcotics for physician-assited dying.

On the Internet, search the United States Code by key words or specific code section and download text. Or you may want to visit a local public law library. Your county law library is listed in the telephone directory in the County Government Offices section under "Law Library." Our office is restricted by law from providing legal research or legal analysis for private individuals under any circumstances.

There is no federal product liability law. Typically, product liability claims are based on state laws, and brought under the theories of negligence, strict liability, or breach of warranty. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product liability.

Answer: Common law rights are those that are recognized by courts as a matter of traditional equitable principles and fairness, even when there is no statute or other law that has been enacted by the legislative branch of government to cover the situation. It also arises from the leeway that judges have in interpretating the language of the written laws when the meaning is not clear. Common law is often known as "judge-made" law.

Yes. A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a federal trademark registration. A common law search is not necessary but some find it beneficial.

The legal area is large, but the consumer can always have an estimate on his possibilities in a concrete case by inquiring at Forbrugerklagenævnet (the Danish edition of Better Business Bureau): phone +45 7013 1330 (weekdays 9 am to 12 noon).

The United States is one of only two countries that have not ratified the Convention on the Rights of the child, the other one being Somalia. Why is this? The United States has ratified almost every other UN human rights treaty (status of ratification), however it has not ratified the CRC. Reasons for this can be subject to interpretation.

Human rights law is a system of laws, both domestic and international which is intended to promote human rights. Human rights law includes a number of treaties which are intended to punish some violations of human rights such as war crimes, crimes against humanity and genocide. There are also a number of international courts which have been constituted to judge violations of human rights including the European Court of Human Rights and the International Criminal Court.

of July 28, 2000, a person who was living with the deceased at the time of death and was cohabiting with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, has the same right to make funeral arrangements as a legally married spouse. There is no specified period of cohabitation required.

How can my attorney help with post-placement contact between adoptive parents and the birth parent(s?)

Attorney Peter Mueller has been practicing law for 35 years. He was licensed in 1972 Illinois and in 1974 in California. His background as a trial lawyer allows him to apply his trial lawyer skills to provide a service to fathers facing divorce. He has also served as Professor at Corporate Law at Loyola in Chicago and served as Assistant Dean of the Business School. In 1977, Mr. Mueller began practicing in the domestic field and founded the FRLC in 1984.

There is no obligation of support between partners in Quebec that arises from a non-marital relationship. I do not believe that the Quebec courts have jurisdiction to deal with your friend's case because neither of the parties lives or has lived in Quebec - they just married here. What I believe they should do is apply in Israel to have the marriage annulled. Get an opinion from an israeli lawyer on this.

NextG Networks is a next-generation communications company that provides managed RF transport and backhaul services to wireless communications carriers, including mobile network carriers and public wLAN carriers. NextG's innovative and cost-effective RF-over-Fiber transport solution enables wireless carriers to expand their coverage and/or capacity throughout metropolitan regions and in dense urban and isolated suburban areas.

A:November 6, 2001: U.S. Attorney General John Ashcroft issues a directive which states, in part, that prescribing, dispensing or administering federally controlled substances to assist suicide violates the Controlled Substances Act (CSA). This new interpretation of the CSA allows the federal Drug Enforcement Agency (DEA) to pursue action to revoke prescription-writing privileges and to pursue federal criminal prosecution of participating Oregon physicians.

Currently, 99 percent of marijuana arrests in this country occur at the state and local level. Thus, the practical effect of this initiative will be to make possession of marijuana completely legal in the state. In fact, federal and state authorities have made it clear that Amendment 44 would effectively end enforcement of private adult marijuana possession in Colorado.