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    News and Articles on Advisory Opinion



    Virginia AG Says Religious Holiday Displays OK  Aug 25, 2010
    (AP) -- Local governments can display religious holiday displays, provided other beliefs are allowed to display their holiday symbols, Attorney General Ken Cuccinelli wrote in an advisory opinion. Cuccinelli publicly released the opinion on Tuesday, responding to a request by Del. (W-USA News, DC)

    Frank sets hearing on new pay rules  Aug 25, 2010
    These include provisions that require boards to be more rigorous in their oversight of pay and that allow shareholders to register an advisory opinion on pay. Copyright 2010 Globe Newspaper Company. (Boston Globe)

    Unlimited funds to politicians?  Aug 24, 2010
    The commission s staff will prepare an advisory opinion on the issue after further study. The logical consequence of the commission s decision, critics say, is that politicians could transfer huge amounts of unused cash to a single candidate. (Atlanta Journal-Constitution -- Metro)

    Evaluation disclosure leads to Thiede outburst  Aug 11, 2010
    A Minnesota Department of Administration Advisory Opinion, looking at the requirements of the state's Open Meeting Law, concluded the law clearly indicates "the governing body ought to summarize each salient point of the evaluation so that the public is given the opportunity to get the best possible sense of the performance - good, bad or indifferent - of the public employee.". The Dispatch requested the evaluation summary, citing the advisory opinions. (Brainerd Daily Dispatch)

    UN: Israel Must End Gaza Blockade  Jul 31, 2010
    "We have maintained our position on the applicability of the covenant. We are stronger because the International Court of Justice has said we were right on this position," she added, referring to the World Court's 2004 advisory opinion. Chanet, a former French judge and international human rights expert, said: "It is very difficult to have a real dialogue (with Israel).". (Newsmax)

    - The Kosovo rulings unanswered questions  Jul 30, 2010
    The courts non-binding advisory opinion responded to a narrow question posed by the UN General Assembly: whether declaring independence is legal under international law. The judges rightly held that there is no international rule preventing a group from stating its intention or wish to form a state, but they said nothing about the terms and conditions that apply when acting on this intent. (Taipei Times, Taiwan -- Sports)

    - ICJs Kosovo decision is vague and very limited  Jul 28, 2010
    On Thursday last week, following two years of deliberation, the International Court of Justice (ICJ) in The Hague, the Netherlands, which is the principal judicial organ of the UN, finally issued an advisory opinion regarding the legality of the unilateral declaration of independence by Kosovo, which was, and some maintain still is, a province of Serbia. Although the ICJs advisory opinion is not legally binding, it will still have considerable political effect ... The publication of the... (Taipei Times, Taiwan -- Business)

    - Muslim women may reveal faces: cleric  Jul 26, 2010
    Al-Garnis religious guidance, or fatwa, is an advisory opinion and not a law. It is significant because it comes from a Saudi cleric whose writings are widely read. (Taipei Times, Taiwan -- World Business)

    Court: Kosovo independence legal  Jul 24, 2010
    It's an advisory opinion, not a judgment, a court spokeswoman said ... Serbia then put forward a resolution to ask the International Court for an advisory opinion, and member states voted overwhelmingly in favor of it in October 2008. (CNN -- World)

    U.N. court says Kosovo independence legal  Jul 24, 2010
    U.N. Secretary-General Ban Ki-moon will forward the advisory opinion to the General Assembly, "which had requested the court's advice and which will determine how to proceed on this matter," U.N. spokesman Martin Nesirky said. "The secretary-general strongly encourages the parties to engage in a constructive dialogue," Nesirky told reporters at U.N. headquarters in New York. (San Francisco Chronicle)

    Kosovo’s independence is legal, UN court rules  Jul 23, 2010
    Political analysts said the advisory opinion, passed in a 10-to-4 vote by the court judges, is likely to spur other countries to recognize Kosovo s independence. Of the 192 countries in the UN General Assembly, so far 69, including the United States and a majority of European Union nations, have recognized Kosovo. (Boston Globe)

    A Court Upholds Kosovo Independence: Now What?  Jul 23, 2010
    The court's ruling was an advisory opinion not legally binding on U.N. member states, and it focused on the declaration of independence rather than the question of whether Kosovo is a proper state. It was historic, nonetheless, says Engjellushe Morina, head of the Kosovo Stability Initiative, a Pristina-based think tank. (Time.com)

    HPD aims inquiry at Council's Rod Tam  Jul 23, 2010
    The city Ethics Commission issued an advisory opinion in March saying Tam improperly used his Council contingency fund for "hundreds" of meals for family members and constituents ... The city Ethics Commission issued an advisory opinion in March saying Tam improperly used his Council contingency fund for "hundreds" of meals for family members and constituents. (Honolulu Star-Bulletin)

    UN court to give verdict on 'independent' Kosovo  Jul 22, 2010
    International Court of Justice president Hisashi Owada will read the advisory opinion, which is non-binding, at the court's seat at the Peace Palace in The Hague from 3:00 pm (1300 GMT) ... Facts: ICJ advisory opinions. (Yahoo! Asia News)

    SMMUSD backs Santa Monica city tax proposal  Jul 22, 2010
    Wednesday, July 21, 2010 Edition. - no votes in favor of the latest attempt to garner more money without any restructuring of the current administration and school district. (Malibu Times, CA)

    Experts urge US to restrict drug Avandia  Jul 15, 2010
    The panel vote Wednesday was convened at the FDA's request, but can offer only an advisory opinion that the US regulatory agency is not bound to follow. "We look at the (vote) numbers but it's not the only thing that the FDA is taking into account," FDA spokeswoman Karen Riley told AFP.. (Yahoo! Asia News)

    Exorcising the Balkans  Jul 13, 2010
    The upcoming advisory opinion of the International Court of Justice will insert the Kosovo question into Western newspapers for a day or two, but few Americans are likely to consider it of even tertiary importance. As Washington turns its back on the Balkans, we might consider some lessons for our pursuits in southern Asia and for understanding developments in the Caucasus. (The American Conservative)

    Foley Seeks Court Order To Stop Fedele From Getting Public Funds  Jul 10, 2010
    "Legally, we have significant concerns over the State Elections Enforcement Commission's interpretation of Statute 9-709 and corresponding advisory opinion. We are seeking further counsel on the issue.". Foley's spokeswoman, Liz Osborn, said, "We are disappointed that the SEEC would approve sending out over $2 million in taxpayer money based on an incorrect reading of the statute.'' The Griebel campaign's chief counsel, Dan Papermaster, said, "On Monday afternoon, a Hartford Superior Court judge... (FOX61, CT)

    W.Va. Attorney General Backs Special Election for Byrd Seat This Year  Jul 9, 2010
    West Virginia Attorney General Darrell McGraw (D) issued an advisory opinion Thursday that opens the door for a special election to be held this year to fill the seat of the late Sen. Robert Byrd (D). (Roll Call)

    Pharmaceutical industry split over postal cutback impact  Jul 5, 2010
    But the Postal Regulatory Commission (PRC) is required to issue an advisory opinion on any major service changes affecting the U.S. Postal Service. And Postal Service spokesman Gerald McKiernan says that commission is currently conducting field hearings on what has been branded the five-day proposal. (San Antonio Business Journal, TX)

    End of Saturday delivery would be 'significant change'  Jul 3, 2010
    The U.S. Postal Service is required to ask the Postal Regulatory Commission for an advisory opinion on its proposed change in nationwide delivery service. "This is one of the most significant changes the Postal Service has ever presented to the commission," Postal Regulatory Commission Chairwoman Ruth Goldway wrote in a message to customers on the commission's website. (Florida Today)

    Judge dismisses Norwood ballot suit  Jul 2, 2010
    The court finds that to issue a declaratory judgment at this time would constitute an advisory opinion. Eaves called Baxter's decision fair. (Atlanta Journal-Constitution -- Metro)

    AG says Byrne, Bentley in GOP runoff  Jun 12, 2010
    King issued an advisory opinion Friday that said third-place finisher Tim James, who has asked for a recount, could use it to file an election contest with the Republican Party after a nominee has been picked in the Byrne-Bentley contest July 13 ... The advisory opinion was requested by Secretary of State Beth Chapman to clarify the law because there has never been a recount in a primary for governor of Alabama. (WSFA.com, AL)

    Backlog Hinders Probe of Candidate Job Offers  Jun 11, 2010
    The Office of Special Counsel report, its most recent to Congress, stated that the agency's Hatch Act Unit received a record 445 complaints in 2008 and "recent surges in both complaints and advisory opinion activities, coupled with task force responsibilities, have made the HAU's workload nearly overwhelming.". Mr. Issa previously asked Attorney General Eric H. Holder Jr. to appoint a Justice Department special prosecutor to investigate the matter. (Newsmax)

    Malaysia wants Israel referred to International Criminal Court (Update 1)  Jun 7, 2010
    The 15-point motion, among others, proposed that the May 31 incident where Israeli forces stormed the humanitarian aid ship Mavi Marmara bound for blockaded Gaza be also referred to the International Court of Justice (ICJ) for an advisory opinion ... Among the other resolutions include: - To urge countries to propose a motion to the United Nations General Assembly to seek an advisory opinion from the International Court of Justice ... Calling on like-minded countries to bring a resolution to... (The Star Online, Malaysia -- News)

    Q&A: Disarmament  May 30, 2010
    These campaigners quote an advisory opinion from the International Court of Justice in 1996 that "there exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.". They also quote a final statement from the 2000 NPT Review Conference in which one of the steps agreed was "an unequivocal undertaking by the nuclear-weapon States to accomplish the total elimination of their... (BBC News -- Africa)

    Liberia: Politician Warns Against Repeating the Wrongs of the Past  May 29, 2010
    " he wondered. He said these were enduring questions because it was bizarre that the nation's highest court agreed to undertake a cause in which it obviously lacks constitutional jurisdiction, in which it can at best grant "advisory opinion", and in which it risks possible contempt of the National Legislature in keeping with Article 44 of the Constitution of Liberia. Exclusive right, possible contempt of the Legislature In the opinion of Mr. Brown, the Supreme Court's action was "not simply the... (allAfrica.com)

    Mayor's appointment of brother prompts query  May 29, 2010
    Also on Friday, Councilman Doug Shields sent the state Ethics Commission a letter requesting an advisory opinion on newly elected state Rep ... "Therefore, I respectfully request that the state Ethics Commission render an advisory opinion in this matter.". (Pittsburgh Post-Gazette, PA)

    Movie-Making Judge Resigns to Avoid Gag on Promoting Faustian Obama Opus  May 11, 2010
    North Arlington solicitor Randy Pearce, with whom Del Vecchio practiced law until going on the bench, takes the view that "if it was not such a politically charged movie, there probably would have been a different advisory opinion.". Del Vecchio say the North Arlington Council was well aware of his film activities when he was appointed judge. (Law.com)

    Senator's firm capitalizes  Apr 18, 2010
    A State Ethics Commission advisory opinion issued last October determined that economic development consultants that deal with public policy decisions must register as lobbyists and report regularly to the State Ethics Commission. Pearson said he doesn t do any lobbying. (Atlanta Journal-Constitution -- Metro)

    Mail delivery cuts mean businesses need to plan ahead  Apr 16, 2010
    The commission, which will issue a nonbinding advisory opinion, plans to hold hearings in a half-dozen cities, including one tentatively scheduled for May 12 in Sacramento ... First, the law requires the commission to issue an advisory opinion. (Sacramento Business Journal, CA)

    Arbiter sides with school district  Apr 13, 2010
    This advisory opinion is shortsighted and destructive to the Mat-Su economy, he says. The true public interest is in maintaining a school system that will prepare and train Mat-Su students to fill the jobs being created as our community continues to grow. (Wasilla Frontiersman, AK)

    All eyes on Schenectady  Apr 13, 2010
    It took a critical advisory opinion from the state's Committee on Open Government to get even a heavily edited version of the report released. State Supreme Court Justice Barry Kramer was less helpful in a January ruling. (Albany Times Union)

    Deal used $19k in campaign cash for ethics defense  Apr 10, 2010
    Ethics Commission acting executive secretary Tom Plank said he could find no advisory opinion or precedent addressing the use of a state fund to pay for legal fees incurred as part of a federal probe. Deal spokesman Brian Robinson said the campaign merely followed Evans legal advice in writing a check from his state account. (Atlanta Journal-Constitution -- Metro)

    PRC to consider ending Saturday mail delivery:  Apr 4, 2010
    The Postal Service is required to ask the Commission for an Advisory Opinion on any change in nationwide service it proposes ... "The Commission is the watchdog agency that determines if the Postal Service meets its Universal Service Obligation to the nation. Our process will provide multiple opportunities for the public to be heard and for all the facts to be considered before the Commission issues its Advisory Opinion," said Chairman Ruth Y. Goldway ... The Commission's Advisory Opinion will... (W. Yellowstone News, MT)

    Serbia says sorry for Srebrenica massacre  Apr 1, 2010
    Belgrade is also keen to show it respects the rulings of the courts before an expected advisory opinion on the legal status of Kosovo, which declared independence from Serbia in 2008. The massacre is the only episode in Bosnia's bloody 1992-95 war to have been ruled as genocide by the international courts. (Sydney Morning Herald -- World)

    Postal service takes comments on 5-day mail  Apr 1, 2010
    The Commission s Advisory Opinion will be considered by Congress as it reviews the Postal Service s request to change the law. Article Rating. (Green River Star, WY -- Local)

    Postal Service advances 5-day plan  Mar 27, 2010
    The Postal Service Board of Governors on Wednesday approved management s request to cut most Saturday deliveries and will file a request for an advisory opinion with the Postal Regulatory Commission on March 30. Any change in delivery would also require Congressional approval. (Wichita Business Journal, KS)

    A role for a judge as we do our job  Mar 27, 2010
    He also sought an advisory opinion from the state Committee on Open Government -- the authoritative voice on the FOIL statute and related court decision. Last summer, the committee made it clear that the city had no legal basis to withhold the records. (Albany Times Union)

    Newtown School Board Mulls Budget Impact  Mar 27, 2010
    He made a motion to have the Board of Education's attorney request an advisory opinion from Attorney General Richard Blumenthal. Mr. Nanavaty wants to determine if the town charter is in opposition to the state constitution concerning the budgetary role of the Board of Finance, defined as an advisory board by the charter, as it pertains to the Legislative Council's role, defined as the town's fiscal authority. (Voices, CT)

    Ark. lawmakers ask AG for opinion on health care  Mar 24, 2010
    Twenty-five Republican lawmakers on Monday asked McDaniel for an advisory opinion on the overhaul. President Barack Obama on Tuesday signed the $938 billion health reform legislation into law on Tuesday. (KSLA.com, LA)

    Halter looks at options for recouping '06 debt  Mar 20, 2010
    The Arkansas Ethics Commission on Friday said in an advisory opinion that a candidate who withdraws from a race can use surplus funds to pay off debts from past campaigns. A spokesman for Halter says his 2006 campaign for lieutenant governor still owes him about $420,000 that he loaned his bid. (KSLA.com, LA)

    Council Censures Rod Tam  Mar 18, 2010
    Ethics Commission Executive Director and Legal Counsel Chuck Totto told Khon2 the advisory opinion highlighting Tams transgressions was forwarded to the State Attorney Generals office March 8. The AGs office has not returned phone calls on whether a criminal investigation of Tam has been initiated. (Honolulu Star-Bulletin)

    Honolulu councilman Tam kept spending amid probe  Mar 17, 2010
    He noted that the Ethics Commission advisory opinion itself suggests that council members have broad discretion over how the contingency money is spent. According to the advisory opinion, the policy for reimbursements from the contingency account "is broadly worded and may lead to unintended costs being paid from public funds.". (Honolulu Advertiser)

    Did MECA Violate Open Meetings Law?  Mar 17, 2010
    " And because the board took no action on the pre-payment offer, the attorney general's office said any discussion of a purported violation of the Open Meetings Act by MECA "would involve us in a purely academic discussion" of the board's activities."We decline to provide such an advisory opinion," the attorney general's letter noted.In a statement, Common Cause Nebraska criticized the attorney general's office for leaving vague MECA's status as a public entity."The Attorney General simply needs... (7 KETV Omaha)

    IBSYS.media.ImgLoader.delayView({el: 'img_N59.18B8',imgs: ['/2009/0918/20994571_200X150.jpg']});  Mar 13, 2010
    The council asked the commission for an advisory opinion to support its move to ban the 55-year tradition. Members of Omaha's Professional Firefighters Union said they're disappointed. (7 KETV Omaha)

    APOC: Get our advice before running ads  Mar 11, 2010
    Hill says corporations exercising their new political free speech rights granted by a January U.S. Supreme Court decision should seek an advisory opinion from her agency. Hill says her office has gotten calls questioning the decision's impact, but no corporations have requested an advisory opinion. (Juneau Empire)

    Honolulu councilman Tam denies faking meal expense claims  Mar 7, 2010
    The commission issued an advisory opinion Wednesday stating Tam violated the city's standard of conduct by overcharging for some meals while conducting city business, falsified justifications for some meals, and got reimbursed for meals with personal business associates or family members ... The advisory opinion lists examples in which Tam was reimbursed for meals with family members and former business associates ... The advisory opinion suggests the council policy on the annual contingency... (Honolulu Advertiser)

    Honolulu councilman Tam will pay $13,700 to settle ethics probe  Mar 6, 2010
    The commission yesterday issued an advisory opinion stating Tam was being asked to reimburse the city for meals, along with paying a $2,000 civil fine, in exchange for the commission dismissing its claims against him ... The 18-page advisory opinion said that from fiscal year 2006 to 2009, Tam was reimbursed for more than $22,000 in meals from his annual contingency fund ... In another case, Tam submitted a guest receipt of $240 from Empress Restaurant on March 31, 2009, under the description... (Honolulu Advertiser)

    Tam says he made record-keeping errors on his contingency fund spending  Mar 6, 2010
    Ethics Commission Executive Director Chuck Totto said it will be up to the city Prosecutor's Office to review the advisory opinion and determine whether criminal charges would be pursued against Tam ... Ethics Commission Executive Director Chuck Totto said it will be up to the city Prosecutor's Office to review the advisory opinion and determine whether criminal charges would be pursued against Tam. (Honolulu Star-Bulletin)

    Rod Tam to continue his run for mayor despite ethics violations  Mar 6, 2010
    The city Ethics Commission yesterday released an advisory opinion in which Tam agreed to pay the city $13,700 in reimbursements and a fine in exchange for dismissing the claims again the two-term councilman. "I'm going to comply to the stipulations on the basis that it was an agreement ... between myself, my attorney Jack Schweigert and Chuck Totto, the legal entity for the Ethics Commission," Tam said, adding that he admits no wrongdoing or violations of any standards of conduct. (Honolulu Advertiser)

    Ethics panel says Tam wrongly billed city for meals  Mar 5, 2010
    An advisory opinion issued by the city Ethics Commission this morning said Tam improperly got reimbursed by the city for meals he purchased for himself and others from 2006 to 2009. According to the opinion issued today by the Ethics Commission: Council member Tam violated the standards of conduct by charging the city for meals in circumstances where (1) he paid less for the meal than the amount he charged the city; (2) justification for the meals was false; (3) the meal was not directly related... (Honolulu Advertiser)

    Willing to give up Saturday mail delivery?  Mar 3, 2010
    Potter s request will be evaluated by the Postal Regulatory Commission, which will issue an advisory opinion to lawmakers. What do you think about these measures. (Atlanta Journal-Constitution -- Business)

    Postal Service's debt reducer: Drop Saturday  Mar 3, 2010
    The independent Postal Regulatory Commission will issue its advisory opinion on the closures this month. The Postal Service has 36,500 retail branches, more than , , and combined, Potter said. (USA Today)

    Postal Service seeks 5-day delivery  Mar 2, 2010
    Potter said Monday he'll submit a formal request by the end of this month to the Postal Regulatory Commission, which must issue an advisory opinion on any change in mail service that would have national impact ... The commission expects to issue its advisory opinion in the next two weeks. (USA Today -- News)

    Kosovo slams Serbia on independence anniversary  Feb 18, 2010
    Once the judges have issued their advisory opinion, Serbia "will do everything for the renewal of status dialogue, in order to find a solution acceptable for all sides," Jeremic told the Danas daily. Kosovo is meanwhile trying to boost its international recognition. (Yahoo! Asia News)

    Health Care Do-Over  Jan 27, 2010
    VAN SUSTEREN: We can't get an advisory opinion on the United States Supreme Court ... The Supreme Court does not give advisory opinions, and that's been established law for a long time. (Fox News)

    Let the spigots of free speech flow  Jan 26, 2010
    In the midst of the 2008 election season, the National Right to Life Committee asked for an advisory opinion about whether its planned advertisements concerning Barack Obama would be banned. After a month in careful consideration, the commission could not decide whether the speech was banned, regulated, or simply free. (Casper Star-Tribune, WY)

    Hudgens says he won't reverse money transfer  Jan 14, 2010
    Paul Leachman of Macon filed a complaint with the commission Tuesday in which he contends the transfer may violate an advisory opinion the commission issued in 2008 that recommends candidates refund the contributions, even if the candidate really is asking the donors to allow him to use the money on his new campaign. Hudgens said he now knows the advice was wrong after reading the 2008 opinion and is seeking direction from the commission. (Athens Banner-Herald)

    Tighten up charter process, but keep Gloucester school  Jan 13, 2010
    That means seeking an advisory opinion from the attorney general or other legal authority on questions such as whether the commissioner can indeed overrule his staff. Both the Senate and House versions of a promising education reform bill would also tighten up the charter school assessment process. (Boston Globe)

    Man claims Hudgens shifted funds illegally  Jan 12, 2010
    Paul Leachman of Macon contends the transfer may violate an advisory opinion the commission issued in 2008 that recommends candidates refund the contributions, even if the candidate is really asking the donors to allow him to use the money on his new campaign. "I do not work for, or represent any campaign in any way," Leachman said in an e-mail accompanying his complaint. (Athens Banner-Herald)


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