"This controversial proposal would weaken existing legal protections for workers in both the statute and regulations," Mr. Iwry said.
Preston v. Browder (1816) upheld North Carolina's nonintercourse act; both the statute and the conduct in question dated to the post-Revolution, pre-Articles of Confederation period.
Both statutes, however, gave him the option of a special election — where he could say he was not choosing either statute, but instead satisfying both.
Bank of America can point to requirements for pursuing a case under both statutes to try to get the complaint dismissed and keep its costs down.
"There are a lot of other laws by now, both statutes at the national and local level, that provide mechanisms for challenging objections to voting," he notes.
The Second Circuit Court of Appeals upheld the core provisions of both statutes, including the requirements that existing assault weapons be registered with the state and the ban on the sale, transport or possession of non-registered assault weapons.
Both statutes reflect the recognition that a prohibition based on a "bright line" standard, like the exchange of money for a political favor or for the purchase of terrorist weapons, would be too easily evaded by sophisticated politicians, businessmen or terrorists.
After being convicted and sentenced to probation by the trial court, he appealed, arguing that both statutes were unconstitutional infringements of his Second Amendment rights.
Both statutes apply to any US national, including the President, the Vice President and other top officials, as well as subordinates, such as CIA officers or other US personnel.
"The report that ultimately led to the enactment of this part of CERCLA identified significant problems created for victims of toxic contamination by both statutes of limitations and statues of repose," Burger said, adding that Congress doesn't use the term "statute of repose" anywhere in its books.
