Sentences with phrase «act precluded»

(Galati had already successfully challenged the practice of allowing retired judges of the Federal Court to continue to serve on a per diem basis because, as he pointed out, the Federal Court Act precluded them from serving past the mandatory retirement age of seventy - five.)

Five and a half years ago, I wrote a comment on Slaw questioning why the Canada Elections Act precluded most non-resident Canadians from voting.

Does subsection 79 (5) of the Competition Act preclude TREB and CREA from advancing a claim in copyright in the MLS database?

He relied on a 1992 decision, Mattoon v. City of Pittsfield, by the 1st Circuit at Boston, which also found that the Safe Drinking Water Act precludes civil rights lawsuits resulting from water contaminations.

Moreover, as Judge Marrero observed recently, to hold that the Martin Act precludes properly pleaded common - law actions would leave the marketplace «less protected than it was before the Martin Act's passage, which can hardly have been the goal of its drafters» (Anwar v. Fairfield Greenwich Ltd., 728 F Supp 2d 354, 371 [SD NY 2010]-RRB-.

For example, there was a phrase added to the provision to prevent employers from interfering with employees exercising their rights under the Act, «but nothing in this Act precludes an employer from communicating facts and its opinions to its employees.»

It is well established that the Rights of Labour Act precludes a trade union from being named as a party and that an action brought in violation of the Act will be struck or dismissed: Nippissing Hotel Ltd. et al. v. Hotel & Restaurant Employees & Bartenders International Union et al., [1963] 2 O.R. 169 (H.C.J.);

Not exact matches

CDC's stake and dominance of the board would seem to preclude any outcome against their interests, but their brazen disregard for other shareholders could act as mobilising force for a resistance.

The previous government implemented the Balanced Budget Act, which precluded the running of deficits, except in extraordinary circumstances.

Use the bible for what it was intended, moral stories of how people should act, although current societal norms would certainly preclude stoning and other current justice and civil rights departures from the rigid teachings / interpretations of the bible.

The feminist position springs not from the premise of our dignity, which applies to men as well as women and would preclude such partisan perversions of semantics, but from responding to the pernicious modem premise that sex is a drink of water with the equally wrongheaded premise that any politically incorrect act by a man is a glass of poison.

incongruous to COMMAND dead people if they are incapable of acting, so being dead must not preclude the ability to obey

As a result, the possibility of a free act by a material being is precluded.

The dead body however was gone, and the formation of the cloths precluded any simple act of resuscitation.

The declaration states that while there is no certainty, the possibility that the fetus might be ensouled precludes risking an act that might be homicide.

Women were also forbidden to be rabbis because the Bible seemed to preclude their serving as judges and acting as a judge is an important element in a rabbi's job description.

Also, while it is true that Africa is the most genetically diverse, that does not preclude positive or purifying selection acting on very specific alleles, including those related to childbirth, across the continent, or across wide swathes of the continent (the latter being more likely).

The Amagansett - Springs Aquifer Protection group and other residents have implored the East Hampton Town Board to act quickly to preclude additional development atop the Stony Hill aquifer in Amagansett.

Cuomo's deal, which was approved by the state Legislature last month, does not preclude bingo halls, horse racing tracks, charitable games of chance, or any gaming facility operated pursuant to the federal Indian Gaming Regulatory Act from operating within the counties where Indian casinos were granted exclusivity.

Nothing contained herein shall preclude the Chairperson of the County Committee from cooperating with the Chairperson of the County Committee of each other county containing part of such political subdivision in convening a joint meeting of all County Committee members from such political subdivision and from acting in accordance with the advice of a majority of those present and voting at such joint meeting in lieu of convening a meeting of the District Committee for the part of such political subdivision within the County of New York as aforesaid.

And in any case, the post-Newtown SAFE Act contains several elements that would preclude the use of bump stocks, Azzopardi said.

KEY DOCUMENTS 2016 lawsuit for Endangered Species Act protection 2013 proposed federal and critical habitat protection 2010 warranted - but - precluded finding 2005 federal listing petition

But another two years after that, the agency declared that while the bird deserved Endangered Species Act listing, protection was «precluded» due to a lack of resources — so the Center filed a notice of intent to sue in March 2010.

They believe that the content of The Pentagon Papers should be available to all and that releasing the information isn't precluded by the Espionage Act.

Stanley's attempts at visual stylishness are so relentless they preclude the simple act of telling a good tale.

The Report also highlights how in the U.S., marriage precludes a charge of statutory rape even if one of the spouses is under the age of consent in the jurisdiction where the sexual act takes place.

The judge's ruling appears to contradict language in the «Final Statement of Reasons» on the Parent Empowerment Act that states, «Nothing in these regulations precludes a parent / guardian from withdrawing his / her signature from a petition at any time,» according to the Victorville Daily Press, the local daily newspaper.

The individual is advised through the posted Privacy Act Statement on the login screen that the information entered through the application is provided voluntarily, will be used to process the application for employment and, if not provided, will preclude the individual from being considered for employment.

Nothing in this Act shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by title I, in transportation covered by title II or III, or in places of public accommodation covered by title III.

Where can individual entitled to widow's insurance benefits is working and has earnings in an amount precluding payment of such benefits to her under section 203 (b) of the Act, she is not required, during such period, to repay the overpayments made to her deceased husband.

The ban on discrimination on the basis of attendance at a particular institution probably precludes using stricter cohort default rate standards than the Higher Education Act.

In accordance with section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, the Animal Welfare Society (AWS) invites you to identify any physical or mental disability or behavior that would preclude your child from fully participating in the program.

While the small size of the board may preclude extra programmable keys Logitech have instead decided to let the function keys act in their stead, so through the software you can assign macros, keystrokes and even launch applications through function keys.

-- Participation in an exchange of credits for allowances or compensation for early action authorized by this section shall not preclude any person from participation in an offset credit program established under the American Clean Energy and Security Act of 2009.

An agency's final action on an administrative petition under the FDQA would be final agency action subject to judicial review under the Administrative Procedure Act, unless Congress precluded judicial review under the Act.

I understand that science must hold to standards that preclude rhetoric and moral distinction, but the social context of the debate is what's preventing the information, the virtually unanimous accord that anthropogenic climate change is here, from being acted on, now.

Geologically CO2 has always lagged, this does preclude it acting as a positive feedback.

In simpler terms, just because a defendant is not found guilty of a criminal act, it does not preclude that defendant from going before a civil jury in a civil trial.

Today's ruling holds that plaintiff's complaint can be understood to allege a claim for promissory estoppel and that the Communications Decency Act would not necessarily preclude that claim.

The Act contains a double - jeopardy provision that precludes criminal prosecution for a matter for which a notice of violation has been issued.

Lord Mance's judgment considers there to be three types of foreign state aid rule: one of private international law; one precluding domestic courts from questioning the validity of a foreign state's sovereign act in respect of property in its jurisdiction; and domestic courts will treat some categories of sovereign act by a foreign state as non-justiciable.

The legislation precludes spouses from opting out of those provisions in the Act that protect the rights of each spouse to the matrimonial home.

[60] The Act provides for protection from double jeopardy: commencing a proceeding in relation to conduct as a violation precludes prosecuting it as an offence, and vice versa.

[37] Class actions are subject to the Rules of Civil Procedure, and there is nothing in the Class Proceedings Act, 1992that precludes defendants from pleading before the certification motion.

Ritsema says California does not specify any acts that preclude reinstatement; and a 2000 case on admission, which she says also applies to reinstatement, shows that California courts won't summarily dismiss reinstatement petitions even after seemingly heinous acts.

The EAT was at pains, however, to note that nothing precludes apportionment in two other senses: namely where the injury caused by different acts of discrimination is divisible; or where there may be claims of contribution as between the respondents.

When art. 2930 applies, it precludes the application of the six ‑ month prescriptive period in the Act.

Before Midas came along, one would have thought the absence of any such specific reference to the Act, coupled with the jurisdictional limits contained within the legislation itself, would preclude its automatic application to a relationship that falls outside those limits, despite the parties having chosen Ontario law as the governing law.

Government officials also argue that a separate federal statute, the Safe Drinking Water Act, precludes all other causes of action.

By Nadia Marotta In 2017, two Superior Court judges held that certain provisions of the Consumer Protection Act, 2002 precluded an occupier from relying on a waiver in the... Read more