"The statutory rates result in a real and immediate threat that these litigants will be, and are being, denied their constitutional rights to the meaningful and effective assistance of counsel and due process of law," Justice Suarez wrote.
"It's saying we're allowing you to continue to rely on statutory procedures and results that don't meet the statutory requirement.
The clear import of the penalty provision of section 102.112 is to deter Boards from engaging in dilatory conduct contrary to statutory authority that results in the late certification of a county's returns.
Thus, when loss of power is experienced, when it is perceived that others regulate the consequences and the results, statutory purchasing becomes a restorer of power, which is explained by the hypothesis of restoration.
"New York's statutory protections could result in the unintended and unjust consequence of insulating someone pardoned for serious federal crimes from subsequent prosecution for state crimes," Schneiderman wrote in the letter, dated April 18. "Even if that person was never tried or convicted in federal court, and never served a single day in federal prison".
While the majority of the disputes did not result in lawsuits, in many of the cases the situations raised legal questions, dealt with statutory compliance, or resulted in legal remedies such as changes in contractual procedure or binding agreements between parties.
She added: "Whether statutory definition will result in better government or even better behaviour is, perhaps, a moot point.
At the time, Ireland was in the grip of a paedophile panic, after a change in the country's statutory rape laws resulted in the release on a technicality of a convicted child abuser.
"It is evident to the investigation that in his desire to promote a public /private partnership an unorthodox arrangement was put into place (that) bypassed statutory frameworks and resulted in the disempowerment of NHS commissioners and managers".
Policy impediments include tension between housing affordability and health investment that causes inefficient cost-shifting, privacy issues, unclear statutory authority, and resulting gaps in responsibility for housing, indoor air, and the built environment.
