Also known as: enrolls · enrolled · enrolling · enrollment · enrollments · enrolment · enrolments · registration
Written by attorneys — see sources below.
To register or record a document, name, interest, or person in a public or corporate register, thereby creating an authoritative record on which third parties may rely for notice and enforcement.
Empire Logistics files an application to register a mark containing a critical slogan. The USPTO rejects the application on the ground that the slogan is disparaging. Empire challenges the denial, arguing that the registration system cannot be used to suppress private expression. The court agrees and orders the mark enrolled in the registry.
Elysium Media operates a prepaid legal service plan and uses in-person contacts to enroll new members who have no current legal matter. A lawyer wishes to participate in the plan. The lawyer may do so without violating solicitation rules because the plan operator is independent and the contacts are permitted under the exception.
Congress passes a bill and presents it to the President. The enrolled bill is transmitted to the executive for signature. Challengers later argue that internal congressional procedures were flawed. The Court treats the enrolled bill as conclusive evidence of proper passage.
In 1966 Jagdish Rai Chadha, an East Indian born in Kenya who held a British passport, was lawfully admitted to the United States on a nonimmigrant student visa that expired on June 30, 1972. In October 1973, the District Director of the Immigration and Naturalization Service informed Chadha that he had remained longer than permitted and was therefore deportable. Chadha conceded deportability but applied for suspension under section 244(a)(1) of the Immigration and Nationality Act of 1952. On June 25, 1974, an Immigration Judge acting on behalf of the Attorney General suspended Chadha's deportation and adjusted his status to permanent resident after finding that he satisfied the statutory criteria of seven years' continuous presence, good moral character, and extreme hardship. A report of the suspension was transmitted to Congress as required by the Act. On December 16, 1975, the House of Representatives passed a resolution disapproving the suspension for Chadha and five other aliens on the ground that they did not meet the statutory requirements, particularly as to hardship. Pursuant to the House resolution, the Immigration Judge reopened the deportation proceedings. Chadha moved to terminate them on constitutional grounds, but the Immigration Judge ruled that he lacked authority to declare the resolution unconstitutional and ordered Chadha deported. Chadha appealed to the Board of Immigration Appeals, which likewise held that it had no authority to pass on the constitutionality of the resolution and dismissed the appeal. Chadha then filed a petition for review in the United States Court of Appeals for the Ninth Circuit. The Immigration and Naturalization Service appeared and urged the court to hold the House resolution unconstitutional. After inviting briefs from the Senate and House as amici curiae, the Court of Appeals held the resolution unconstitutional because it was a legislative act that failed to satisfy the requirements of Article I, sections 1 and 7, and set aside the deportation order. The Supreme Court granted certiorari in the consolidated cases to address the constitutional question.
View caseA corporation adopts a bylaw restricting transfer of its shares. The restriction is noted on the certificate. A purchaser later claims the shares free of the restriction. Because the restriction was not noted, it is unenforceable against the purchaser who lacked knowledge.
A foreign limited partnership registers its name with the secretary of state. Before expiration the partnership delivers a renewal application. When filed, the renewal extends the registration for another year and preserves the partnership's ability to do business under that name.
A lender asks the secretary of state for a certificate of existence for a corporate borrower. The certificate is issued and states that the corporation is in good standing. The lender may rely on the certificate as conclusive evidence of the facts it recites.
Enrolling a document places it in the public register so that its contents become notice to third parties. The act creates a conclusive record that later parties may rely upon without further inquiry.
No. Trademark registration merely records private expression. The government may not refuse enrollment on the basis of the applicant's viewpoint.
A lawyer may participate when the plan is operated by an independent organization and uses live contact only with persons who are not known to need services in a particular matter covered by the plan.
…272, § 19 (1970) (using the term "unlawfully," construed to exclude an abortion to save the mother's life, Kudish v. Bd. of Registration , 356 Mass. 98, 248 N. E. 2d 264 (1969)); Mich. Comp. Laws § 750.14 (1948); Minn. Stat. § 617.18 (1971); Mo. Rev. Stat. § 559.100 (1969); Mont. Rev. Codes Ann. § 94-401 (1969); Neb. Rev.…