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Sentencing

sentencing: an overview

A criminal sentence refers to the formal legal consequences associated with a conviction. Types of sentences include probation, fines, short-term incarceration, suspended sentences, which only take effect if the convict fails to meet certain conditions, payment of restitution to the victim, community service, or drug and alcohol rehabilitation for minor crimes. More serious sentences include long-term incarceration, life-in-prison, or the death penalty in capital murder cases.

ERISA

ERISA

The Employee Retirement Income Security Act of 1974 (ERISA), a federal statute, delineates minimum standards for the administration of private industry's pension plans and establishes the impact that federal income taxes will have on transactions associated with management of such pension plans. The statute also creates causes of action for employee plan participants and their beneficiaries.

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Federal Material

Federal Statutes

Federal Judicial Decisions

Commander in Chief Powers

Article II Section 2 of the U.S. Constitution, the Commander in Chief clause, states that "[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States."

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Books

Louis Fisher, Constitutional Conflicts between Congress and the President 249-272 (2007).

Federal Material

U.S. Constitution

Federal Law

Emergency Powers

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Books

 

Louis Fisher, Constitutional Conflicts between Congress and the President 249-272 (2007). 

 

Federal Material

 

U.S. Constitution

 

Federal Judicial Decisions

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War Powers

Article I, Section 8, Clause 11 of the U.S. Constitution grants Congress the power to declare war. The President, meanwhile, derives the power to direct the military after a Congressional declaration of war from Article II, Section 2, which names the President Commander-in-Chief of the armed forces.

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Federal Material

U.S. Constitution

Federal Law

Books

Louis Fisher, Constitutional Conflicts between Congress and the President, p. 249-272 (2007).

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Second Amendment

The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Such language has created considerable debate regarding the Amendment's intended scope.

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Federal Material

U.S. Constitution

Books

Erwin Chemerinsky, Constitutional Law: Principles and Policies 26-28 (2006).

Federal Decisions:

 

Emancipation of minors - laws

table_emancipation

Laws of the Fifty States, District of Columbia and Puerto Rico Governing the Emancipation of Minors

This page links to the laws of the states dealing with the "emancipation" of minors, that is, the provisions dealing with when and on what conditions children are released from parental authority and become "adults" for important legal purposes..

Related LII materials include:

Minimum wage

The Minimum Wage: An Overview
 

Minimum wage laws establish a base level of pay that employers are required to pay certain covered employees. The current federal minimum wage is $6.55 per hour. The laws consist primarily of federal and state statutes. When an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages. Many states, including California, have a higher minimum wage which must be followed by local governmental agencies.

 

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Federal Material

29 U.S.C. §§ 201 et seq.: Fair Labor Standards Act (FLSA)

CRS Annotated Constitution

Federal Regulations

Regulations promulgated under FLSA (29 C.F.R. parts 500-899)

Federal Judicial Decisions

Link to LII: recent FLSA and minimum wage decisions

State Material

State Constitutions and Statutes

  • California Minimum Wage
  • California Constitution Article XIV, § 1.
  • California Labor Code §§ 50 et seq.
  • New York Minimum Wage
  • New York Labor Law Article 19 §§ 650 et seq.

Judicial Decisions

Link to LII: state minimum wage decisions.

Other References

Key Internet Sources

 

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