Appeals court panel considers TABOR challenge
Recent Cases
Colorado is asking the federal courts to stay out of a dispute about whether its strict tax and spending limits has robbed the state of a republican form of government.
In arguments Monday, state Solicitor General Daniel Domenico told a three-judge panel of the 10th U.S. Circuit Court of Appeals that lawmakers still have the ability to ask voters to approve a tax increase if they think one is needed under the Taxpayer's Bill of Rights.
"Just because it's a little bit harder doesn't make it unrepublican," he said of the referendum needed to raise taxes under TABOR.
Domenico said that if lawmakers tried and failed to win a tax increase, they might have a case. But he also argued that courts haven't gotten involved in enforcing the provision in the U.S. Constitution guaranteeing a republic — or representative democracy — to the states, leaving that to Congress instead.
Related listings
-
Italian court insists Berlusconi devised tax fraud
Recent Cases 08/27/2013Italy's supreme court is defending its decision earlier this month to uphold the tax fraud conviction of Silvio Berlusconi, saying the evidence was clear that the former premier devised a tax fraud scheme for the acquisition of film rights for his me...
-
Court: Right-to-work law applies to state workers
Recent Cases 08/19/2013Michigan's right-to-work law applies to 35,000 state employees, a divided state appeals court ruled Thursday in the first major legal decision on the much-debated measure eight months after it passed. Judges voted 2-1 to reject a lawsuit filed by uni...
-
Court challenge fails to stop Calif. gay marriages
Recent Cases 08/15/2013The California Supreme Court refused Wednesday to halt gay marriages in the state, leaving opponents of same-sex weddings few if any legal options to stop the unions. The brief, unanimous ruling tossed out a legal challenge by ban supporters without ...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.