Sentences with phrase «rule of reason test»

In Pope v. Mississippi Real Estate Commission, the Fifth Circuit applied the Rule of Reason Test to determine that membership fees based on the number of agents within a real estate agency did not establish an unreasonable entry barrier to the MLS operated by the Board of REALTORS ®.

The Rule of Reason Test weighs the anti-competitive effects on competitors and consumers against the benefit of the practice involved.

The court then created a new Rule of Reason test for the analysis of membership criteria of an MLS that has market power.

In holding that the Rule of Reason Test would apply, the court stated «if properly administered, membership requirements serve pro-competitive purposes,» and «the Board's activities were not «plainly anti-competitive» and lacking in «any redeeming value.»»

Not exact matches

Many who hated Scalia's rulings could not help but be entertained by his razor - sharp writing, which he used especially in his dissenting opinions to carve up the majority's reasoning (my favorite is Planned Parenthood v. Casey, where among other things he referred to the majority's «Nietzschean vision of us unelected, life - tenured judges — leading a Volk who will be «tested by following»» the Court's rulings obediently).

Firstly, the reason most students had taken this test specifically was because the home secretary had made ETS an accredited body of the immigration rules.

Tests, Analyzes Comparison of Polish escort Victoria to meet you can find vip escorts have casual sex courtesans luxury escorts; The reason is one night stands, and massage and casual sex rules depending on the category w4m Blissful escape with FlingFinder.

That is, we need to reposition publishing as the engine of the engagement economy; • We need rules, a set of principles that are based in fairness and recognize that we have to balance current requirements with some, perhaps many, future unknowns; • We need feedback, a shared way to model new approaches, test assumptions and make decisions based in fact; and • We need a hook, a reason to collaborate

There are also a variety of medical issues, such as diabetes, kidney disease, hyperthyroidism, hypertension, arthritis, and dementia that can also be a reason for your cat to stop using the litter box, which is why we will also want to examine your cat, and possibly do a few tests to rule these diseases in or out.

This involves taking a detailed history of symptoms, a complete physical examination and some preliminary laboratory tests to rule out other reasons for itching / hair loss (namely mange, ringworm, food allergy, hypothyroidism).

There isn't the slightest valid reason to believe any of the proposed MMORPG scenarios available in the game context, at least for those of us who test the rules and the proposed cheat codes and find the game rules amazingly consistent (or at least, consistently simulated).

For this reason, the origins of the test of comparability of the contested German provision with the Qualification Directive applied further on in its ruling by the Court may be difficult to understand when not read in conjunction with the AG's Opinion.

The reason those three were speaking was because they're kind of the businesses testing the limits of what it means to practice law and using the internet to provide legal services, and Mark Britton from Avvo said, «Look, to the extent that regulations are about ethics, about protecting people from fraud, from incompetence, those are the most important rules and to the extent they are about protecting lawyers or regulation for regulations sake, it's fucking bullshit.»

In a key message, the appeal court said a positive test of discrimination does not require ruling out all other potential reasons for a suspiciously racist act.

Ultimately, the Tribunal ruled that the Applicant's health practitioners had not presented sufficient documentary evidence, supporting reasons and analysis to establish that the Applicant had sustained cervical radiculopathy, noting that the chiropractor's conclusion was based on the Applicant's complaints of pain and without specific testing or assessments to support his diagnosis.

Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, interpreting two topics under the New BC Supreme Court Civil Rules, the test of «proportionality» and the circumstances permitting a Court to sever liability (the issue of fault) from quantum (the value of a personal injury claim).

The Supreme Court now uses the case to make decisions on Charter rulings, applying a process of legal reasoning called the «Oakes test» to decide whether laws should be overridden.

If the selected entrant: (a) fails to correctly answer the skill - testing question; (b) fails to return the properly executed Release Form within the specified time; (c) can not accept (or is unwilling to accept) the Prize as awarded for any reason; and / or (d) is determined to be in violation of these Rules (all as determined by the Contest Organizers in their sole and absolute discretion); then he / she may, in the sole and absolute discretion of the Contest Organizers, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Contest Organizers reserve the right, in their sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such newly selected entrant).