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Recent Personal Injury and Car Accident News and Cases related to Hawaii
Congressional grants of tort immunity obtained by big business through political contributions and lobbying are finally hitting some limits. In 2005 the rental car industry managed to get immunity for harm caused by their vehicles, known as the "Graves Amendment", passed as an amendment snuck into a 900-page transportation appropriations bill without review from the relevant congressional committees. On September 14, 2007 the U.S. District Court for the Southern District of Florida declared the Graves Amendment providing tort immunity to the rental car industry to be unconstitutional. The Court reasoned that federal grants of immunity for businesses traditionally regulated at the state level constitute an overreaching of Congress' power under the Commerce Clause. Vanguard Car Rental v. Huchon, Civ. Case No. 06-10082, (USDC So.Dist. Fl. 2007)
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THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE XIII - EMPLOYEE ORGANIZATION; COLLECTIVE BARGAINING
INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII
section titles
preamble
article I
article II
article III
article IV
article V
article VI
article VII
article VIII
article IX
article X
article XI
article XII
article XIII
article XIV
article XV
article XVI
article XVII
article XVIII
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THE CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January 1, 2000
ARTICLE XIII
ORGANIZATION; COLLECTIVE BARGAINING
PRIVATE EMPLOYEES
Section 1. Persons in private employment shall have the
right to organize for the purpose of collective bargaining. [Ren
Const Con 1978 and election Nov 7, 1978]
PUBLIC EMPLOYEES
Section 2. Persons in public employment shall have the
right to organize for the purpose of collective bargaining as
provided by law. [Am Const Con 1968 and election Nov 5, 1968; ren
and am Const Con 1978 and election Nov 7, 1978]
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