Sentences with phrase «judicial court decision»

Boston Commercial Litigation partners Greg Deschenes and Kurt Mullen, and Boston Government Investigations & White Collar Defense associate Charles Dell «Anno are mentioned as counsel successfully representing the Massachusetts Insurers Insolvency Fund in this article about a Massachusetts Supreme Judicial Court decision regarding whether the fund can recover workers» compensation claims.

Represented a judge of the Boston Municipal Court in a matter before the Commission on Judicial Conduct, resulting in dismissal of all allegations and the landmark Supreme Judicial Court decision, In the Matter of Enforcement of a Subpoena, 463 Mass. 162 (2012).

As directed under the 2008 Global Warming Solutions Act (GWSA) and affirmed this summer in the MA Supreme Judicial Court decision Kain et al., Republican Governor Charlie Baker's environmental agency was tasked with ensuring the Commonwealth achieves greenhouse gas emission reductions of 25 percent below 1990 levels by the year 2020, and to guarantee that it is on its way to meeting reductions of 80 percent below 1990 levels by 2050.

This decision was made due to lack of financing, following the Supreme Judicial Court decision prohibiting utilities from charging ratepayers for pipeline construction.

And if Eisenstadt, Roe, Casey, and Lawrence were the direct descendants of Griswold, it is not difficult to see how Goodridge v. Department of Public Health, the 2003 Massachusetts Supreme Judicial Court decision mandating so - called «gay marriage,» was a collateral descendant of Justice Douglas» discovery of a constitutional «right to privacy.»

To supplement our informed experience, we conducted an analysis of twenty - one recent civil decisions issued by the Massachusetts Appeals Court since March 1, 2017, as well as another ten Supreme Judicial Court decisions issued during the same time period.

Not exact matches

A judicial review («JR») is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body; they are a challenge to the way in which a decision has been made, rather than the conclusion reached.

In March, the board took the unusual step of filing its latest decision with the Federal Court for judicial enforcement because it expected CP to ignore its orders.

In 2015, he also wrote the dissenting judgment in R. v. Nur, a 6 - 3 decision in which he argued the court should have shown judicial restraint and upheld the three - year mandatory minimum sentence for illegal possession of a loaded firearm.

Michael Moldaver's bold, game - changing decision in R. v. Jordan has impacted criminal matters — and all matters — in the courts and prompted more judicial appointments.

Quite apart from conflicting views on the merits of the question at hand, there appears to be increasing opposition to the judicial usurpation of politics, of which the California court's decision is an egregious instance.

New Deal jurists pointed to the court's willingness to accommodate constitutionally dubious moral reforms to demonstrate the ultimate subjectivity of judicial decisions and the need for constitutional interpretation to evolve along with social and economic realities.

Another round in the judicial wars began in June with the Supreme Court's decision in Lawrence v. Texas invalidating laws in 13 states prohibiting private, consensual adult sodomy.

Defenders of the Supreme Court's infamous pro-slavery decision in Dred Scott v. Sandford, for example, advanced precisely this view of judicial power.

Instead, they set their sights on a court fight with Proposition 8, whereby a majority of voting Californians had amended their state constitution to undo a judicial decision that had found a never before seen right to gay marriage.

Saving the Constitution from the Courts By William Gangi University of Oklahoma Press, 326 pages, $ 45 Cases like Roe, Casey, and the recent Romer decision remind us of the degree to which constitutional interpretation has been supplanted by judicial lawmaking.

Every generation, it seems, has its paradigm - defining Supreme Court case: a decision (or series of decisions) that determines the jurisprudential ethos and frames the judicial, political, and academic debate for the next quarter century or so.

write a few days after the Grand Panjandrum of Judicial Overreach, Justice Anthony Kennedy, bestowed upon a grateful world his Supreme Court decision regarding same - sex marriage.

We also oppose provisions of the bill that expand the immigration detention system and erode the basic rights afforded to immigrants, including the provisions that allow for the indefinite detention of individuals who can not be deported to their home countries; that expedite removal proceedings or automatically imprison immigrants without providing them access to attorneys or judges; that increase detention capacity by an additional 20,000 beds to house immigrants awaiting their day in court; and that diminish the checks and balances of judicial review over immigration decisions.

The occasion for Lincoln's declaration of implacable opposition to judicial supremacy had been a decision which, above all others, stained the Court's reputation as an institution dedicated to, as it says above the entrance to the Marble Temple in Washington, D.C., «equal justice under law.»

The ACCC has applied to the Federal Court for a judicial review of the Australian Competition Tribunal's recent Tabcorp / Tatts merger authorisation decision.

«The decision by the Supreme Judicial Court reaffirms the Commonwealth's right to protect its most vulnerable plant and animal species from destruction,» said Jack Clarke, Mass Audubon's Director of Public Policy and Government Relations.

Yes, being mindful of the issues of the independence of the courts, I am also equally aware that judicial decisions are equally subject to criticism by citizens.

Meanwhile, in order to expedite investigations into the alleged stated misconduct by the High Court Judges, the Chief Justice in accordance with a decision of the Judicial Council has constituted a second Committee to investigate the matter against three of the Judges in line with article 146 (4).

Leticia Astacio is appealing the decision by the Commission on Judicial Conduct to remove her as a Rochester City Court judge.

The answer is that since November 2013 a simple majority has sufficed because of the Senate's decision to end the use of the filibuster in respect of all nominees to Federal judicial and executive branch positions other than to the Supreme Court itself.

Rochester, N.Y. (WHAM)- Rochester City Court Judge Leticia Astacio filed an appeal Wednesday to appeal the decision by the Commission on Judicial Conduct to remove her from the bench.

A judicial review of a decision to approve two state - funded, highly selective Catholic schools will be heard at the High Court on 15 and 16 November.

The NASUWT has today received formal notification from the High Court of the hearing date for its application for judicial review of the Coalition Government's decision to change the index - linking of public service workers» pensions, including teachers» pensions, from the Retail Price Index (RPI) to Consumer Price Index (CPI).

While suggesting plethora of statistics and judicial decisions especially a 2014 English Court of Appeal judgment where it was stated that «cases take up to a generation to be resolved in Nigeria occasioned by catastrophic delays,» Osinbajo said stakeholders must now resolve to address the issue of delay once and for all in the collective interest of all.

Plans for two new state - funded Catholic schools with discriminatory admissions policies have cleared a further hurdle today, after Mr Justice Sales in the High Court dismissed a judicial review of Richmond - upon - Thames council's decision to approve them.

An Accra High Court presided by Justice Ackah Boafo has in a judicial review quashed the decision by the lands and natural resources ministry to revoke the mining license of Exton Cubic Group Limited, owned by Ibrahim Mahama.

The Ghana Revenue Authority is a statutory establishment whose actions and decisions are subject to judicial review by the High Court of Ghana.

In a decision handed down on Monday, the Appellate Division of the Second Judicial Department found that a lower court «erred in granting the petition to invalidate the certificate of nomination» to a number of candidates in Nassau.

-LSB-...] Although the Supreme Court has not needed to directly address the subject of recall of Members of Congress, other Supreme Court decisions, as well as the weight of other judicial and administrative decisions, rulings, and opinions, indicate that

The DWP decided to appeal against the decision and around the same time the Carmichaels» separate application for a judicial review of the underlying legislation was dismissed in the high court.

Queen City Landing claimed a court victory last May, when the Appellate Division of the Fourth Judicial Department upheld a prior court decision in favor of the developer and the City of Buffalo.

If the Supreme Court wasn't functional for an extended period then various different and contradictory decisions made by the appeals courts would build up and there would be different «laws of the land» in each federal judicial district.

In the release the East Hampton Town Board said it «remains confident that it will prevail in the litigation, however, out of respect for the judicial process, the town has agreed to continue to not enforce the local laws pending the Court's decision.»

Recall that a Federal High Court in Abuja had taken its final decision on the corruption case involving Justice Ngwuta, pointing out that the prosecution in the Justice Ngwuta's case failed to comply with the condition precedent before bringing charges against a judicial officer.

The tribunal held that a judge could not be prosecuted by any court of tribunal until the NJC deals with the allegations against him / he and takes a decision of either dismissing such a judicial officer or compulsorily retiring him or her.

While a decision is still a couple of months away, Democrats interested in the single vacancy on state Supreme Court in the 3rd Judicial District continue to line up.

The district court subsequently said in its decision that the case brought up a «political» question that the other branches of government, not the judicial branch, should consider, but an appeals court reversed that ruling.

A year later members of the U.S. House of Representatives introduced a bill that would strip federal protections from wolves in the Great Lakes region and Wyoming with language preventing any further judicial review — overruling two court decisions finding that the Fish and Wildlife Service had wrongly removed Endangered Species Act protections for the wolf.

Given the fundamental constitutional conflict involved, this judicial decision will probably be in and out of the courts and legislature for some time.

What appears to be a trend began with the Massachusetts Supreme Judicial Court's decision in Hancock v.Driscoll in February, 2005.

The Massachusetts Supreme Judicial Court was expected to issue a decision in Hancock v. Driscoll in late 2004 or early 2005 that could lead to changes in the school finance formula.

In deciding how to rule, New Jersey's court was guided by earlier decisions on behalf of the Abbott districts, stating, «Like anyone else, the State is not free to walk away from judicial orders enforcing constitutional obligations.»

Campaign group Comprehensive Future had previously said it was seeking advice on the feasibility of a judicial review of the decision in the High Court, but has delayed plans due to a lack of information.

While some have tried to define these court decisions as successes, in reality, the outcomes have been extremely disappointing for advocates of increased judicial intervention.