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"The committee's role is to determine whether we need to draft a statute relating to e-mail records".
In early 2005, Mackey helped to draft a statute that would give the D.E.A. the authority to chase drug traffickers anywhere in the world as long as the trafficking was connected to terrorism.
As here construed and applied, the doctrine serves as an open-ended authority to oversee the states' legislative choices in the criminal-law area and in this case leaves the state in a quandary as to how to draft a statute that will pass constitutional muster.
Although the Court today does not go so far as to adopt this position, its reasons for invalidating New York's ban on promotional advertising make it quite difficult for a legislature to draft a statute regulating promotional advertising that will satisfy the First Amendment requirements established by the Court in this context.
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"Congress specifically drafted a statute that took away the potential for subjective staff analysis and replaced it with an objective, bright-line test for obtaining the designation," he said.
Legal and medical advocates in Hawaii, for instance, are currently drafting a statute that would allow health care professionals to apologize for medical errors without increasing the risk of lawsuits.
Chief Justice John Roberts said creating "some kind of temporal limit" for when a bond hearing is required "looks an awful lot like drafting a statute or a regulation".
"There is no way in drafting such a statute you could anticipate such a heinous act," Ms. Lantz said.
Although there would no doubt be constitutional considerations to keep in mind if Congress drafted such a statute, the effort has gained the support of people such as former DOJ National Security Division chief Mary McCord and the president of the FBI Agents Association.
As a next step, the IBA has already embarked on drafting a model statute of this kind.
As early as 1945, the ACLU had taken a stand to protect the rights of the mentally ill, when it drafted a model statute governing mental commitments.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com