Sentences with phrase «states law doctrine»

They must have found a loophole in the Confederate States Law Doctrine that forbids black couples from mating without their owners consent.

Not exact matches

Richard Dawkins merely states in unvarnished form doctrines that other scientific metaphysicians take for granted: In the beginning were the particles and the impersonal laws of physics; life evolved by a mindless, non-teleological process in which God played no part; and human beings are just another animal species.

The legitimacy of legislation depends instead on whether the state can advance some justification for its law beyond its conformity to religious doctrine.»

Doctrine and Covenants 134:7 7 We believe that rulers, states, and governments have a right, and are bound to enact laws for the protection of all citizens in the free exercise of their religious belief; but we do not believe that they have a right in justice to deprive citizens of this privilege, or proscribe them in their opinions, so long as a regard and reverence are shown to the laws and such religious opinions do not justify sedition nor conspiracy.

This month, First Presbyterian asked the Sooner State's top court to take a third look at the case, arguing that the justices mixed up two separate issues of law: the ecclesiastical extension / church autonomy doctrine and the ministerial exception.

Of course we wish to treat people with compassion and encouragement, even when they are in objectively sinful or irregular states of life, but this does not mean that we can blithely set aside the law of God and change the Lord's own doctrine on marriage.

The 1985 Congregation for the Doctrine of the Faith Instruction on Respect for Human Life states, «By virtue of its substantial union with a spiritual soul, the human body can not be... evaluated in the same way as the body of animals... The natural moral law expresses and lays down the purposes, rights and duties which are based upon the bodily and spiritual nature of the human person.»

This political doctrine, of course, is not «law» (unlike the constitutional separation of church and state, which is).

However, the Investigatory Powers Tribunal today ruled that MPs» communications with whistleblowers and their constituents have no special legal protection from state surveillance under the law, despite those long - held government doctrine apparently prohibiting it.

Although not a law per - se, executive privilege was accepted by the Supreme Court of the United States as an application of the seperation of powers doctrine from the United States Constitution (see: United States v Nixon).

This, he stated, could be justified under international laws on the doctrine of necessity.

Faso voted against New York State sovereignty (yes, against state's rights, a supposed bedrock of Republican doctrine) when he voted in favor of anyone from an «open carry» state having the right to come to New York and brandish weapons — with their state laws overriding ourState sovereignty (yes, against state's rights, a supposed bedrock of Republican doctrine) when he voted in favor of anyone from an «open carry» state having the right to come to New York and brandish weapons — with their state laws overriding ourstate's rights, a supposed bedrock of Republican doctrine) when he voted in favor of anyone from an «open carry» state having the right to come to New York and brandish weapons — with their state laws overriding ourstate having the right to come to New York and brandish weapons — with their state laws overriding ourstate laws overriding our own.

As defined in publications of the Institute for Creation Research and in laws passed or under consideration by several state legislatures, this doctrine includes the statement that the entire universe was created relatively recently, i.e., less than 10,000 years ago.

Jim Crow was a localized form of state - sponsored oppression that was, at the time illegal based on federal law but allowed to continue by apathetic and politically expedient federal authorities under the guise of furthering a doctrine of «states rights»; the same euphemism for slavery the southern plantation owning oligarchs used to rationalize secession and trick the poor white southerners to fight a war and die in the millions.

The New Mexico Attorney General's office has sued Fastbucks for providing unconscionable loans to New Mexico citizens, both under the common law unconscionability doctrine and the state's Unfair Practices Act's unconscionability provision.

Standing: This is the law doctrine that states that only people who have been injured in some way have the right to sue for damages or changes to the law.

Paragraph 24 anticipates the doctrine of EU law consistent construction, most recently expounded in Bernhard Pfeiffer and others, [2004] EU: C: 2004:584 C397 / 01 to C403 / 01 as well as state liability as expounded in Francovich and others [1991] ECR I 5357 C 6/90 and C 9/90.

In part 3, the SCC states that it «must, however, complete» the CJEU's response with its own general doctrine on the relationship between the Spanish Constitution and EU law, as set out in SCC Declaration 1/2004.

The first is a common law doctrine regarding the appropriate roles for civil courts called upon to adjudicate church property disputes — a doctrine which found general application in federal courts prior to Erie R. Co. v. Tompkins, 304 U. S. 64 (1938), but which has never had any application to our review of a state court

Only if the Treaties can provide no answer would one resort to conventional public international law (including doctrines of state succession).»

Should a Member States «court of last instance nonetheless submit a question within the scope of EU law to the ECtHR without being entitled to do so under the acte - clair - doctrine, proceedings for infringement of the Treaties could be engaged against that Member State based on Art. 258 f. TFEU.

The equal footing doctrine, also known as equality of the states, is the principle in United States constitutional law that all states admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at thatstates, is the principle in United States constitutional law that all states admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at thatStates constitutional law that all states admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at thatstates admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at thatstates already in the Union at that time.

The authors argue that the fragmented status of public international law with respect to the limitations period doctrine is attributable to (i) the wholesale importation of national - domestic law on limitations into public international law without having considered the policies and aspirations of international law, and (ii) the economic agendas of industrialized states to the exclusion of the interests of developing states and economies in transition.

His environmental and tort litigation experience includes dozens of products liability actions in California State and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort doctrState and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort doctrstate and federal criminal laws, environmental laws, or tort doctrines.

This doctrine, based on an established line of case law from the US, states that it is necessary to take account of the aim of a provision when determining its legality.

This applies directly in the case of federal criminal prosecutions in the federal courts, and applies in state courts because it is incorporated to apply in state court cases through the due process clause of the Fourteenth Amendment to the Constitution of the United States under 20th century case law applying the «Selective Incorporation doctrine.»

But on the third hand, parents have a state law obligation to provide necessary medical treatment, so the parents may owe that amount, under the doctrine of necessaries.

A court that must apply state substantive law under the Erie Doctrine often finds that it's facing a state law that is ambiguous, confusing, or possibly unconstitutional, either under the federal or the state Constitution.

· updating the discussion of the application of U.S. antitrust law to conduct involving foreign commerce, the Foreign Trade Antitrust Improvements Act (FTAIA), foreign sovereign immunity, foreign sovereign compulsion, the act of state doctrine and petitioning of sovereigns, in light of developments in both the law and the Agencies» practice; and

The court also upheld State Farm's flood exclusion as applying to hurricane storm surge, and said that the anti-concurrent cause language in State Farm policies overturns a common law doctrine of property loss causation called «efficient proximate cause.»

49... Although I agree... that mental injury may be compensable in some form at international law, neither the intervener nor any other party has established that a peremptory norm of international law has now come into existence which would completely oust the doctrine of state immunity and allow domestic courts to entertain claims in the circumstances of this case.

Under the common law in theUnited States, the employer - employee relationship is governed by the doctrine of «employment at will.»

The latter held that the liability of a contracting authority for the breach of EU public procurement rules under the remedies directive is assimilated to that of the State under the general EU law doctrine of State liability and thus requires a sufficiently serious breach (Nuclear Decommissioning Authority).

U.S. law has a whole sub-field a statutes and legal doctrines like the Rooker - Feldman doctrine designed to prevent these conflicts from coming up when they arise between federal and state courts.

The agreement of the parties that the issue of state or sovereign immunity is a question of procedural law in itself is sufficient to defeat the argument put by Counsel for the KRG that this Court should not decide issues of such immunity, whether as to its existence as a doctrine in the UAE and the DIFC, or its ambit or extent, (whether absolute or restrictive) or any issues of waiver.

Reference was made to Egyptian law (which has a restrictive doctrine of state immunity) which is sometimes a point of reference for courts but no attempt was made to show that its law on the point was applicable.

It was held that the agreement of the parties that the issue of state or sovereign immunity is a question of procedural law in itself was sufficient to defeat the argument put by Counsel for the KRG that this Court should not decide issues of such immunity, whether as to its existence as a doctrine in the UAE and the DIFC, or its ambit or extent, (whether absolute or restrictive) or any issues of waiver.

If, as appears below, international law concepts of state immunity are taught as part of the education of lawyers in the UAE, had the doctrine been seen as even arguably that of the UAE, the point would have been argued differently.

The book does not however state that the doctrine is part of UAE law nor state what UAE law is on the subject.

The majority disagreed with the Crown's contention that «mild sexual touching» could be dealt with using the de minimus doctrine, stating that «Without suggesting that the de minimus principle has no place in the law of sexual assault, it should be noted that even mild non-consensual touching of a sexual nature can have profound implications for the complainant» (at para. 63).

As Justice Green stated in McGill, at para. 31: ``... [T] here is a risk of injustice in relying on a sentencing model premised on judicially - created fixed ranges of imprisonment from which the sole reprieve is resort to an uncertain doctrine of exceptionality... The fairer and, in the end, more «principled approach» to the law of sentencing — as repeatedly mandated by the Supreme Court — is that of individualized proportionality.»

The acte clair doctrine, first articulated in Cilfit (C - 283 / 81), states that in accordance with article 267 TFEU, a national court against whose judgment there is no higher appeal must refer a question to the ECJ when a question on the interpretation of EU law arises, unless the answer is «so obvious as to leave no scope for any reasonable doubt».

Moreover, in Peterson Farms Inc. v C & M Farming Ltd [2004] EWHC 121 (Comm), the High Court set aside an award in which the group of companies doctrine had been recognised, stating, inter alia, that the doctrine «forms no part of English law».

Instead, the issue was whether the dental board was acting under a doctrine that would give it, as a «state actor,» immunity from claims of anti-competitive conduct in violation of federal antitrust law.

While the weight of case law supports litigation funding as ethically robust and protected under work product doctrine, many states have not issued any opinion on the matter.

Al Jedda v Secretary of State for Defence [2009] EWHC 397 (QB) Claim for damages for false imprisonment in Iraq; private international law; interpretation of Iraqi Constitution; act of state doctState for Defence [2009] EWHC 397 (QB) Claim for damages for false imprisonment in Iraq; private international law; interpretation of Iraqi Constitution; act of state doctstate doctrine.

As she notes, however, the bar often loses to «the state» — meaning legislatures, administrative agencies, and courts applying common law doctrines.

Our team is experienced in underground storage tank regulation and litigation of actions brought pursuant to California Proposition 65, the Federal Clean Water Act and various state environmental laws and tort doctrines, including actions alleging contamination, product defect and failure to warn regarding methyl tertiary butyl ether («MTBE»).

And yet we still have doctrines on proof of foreign law that state that assumptions about the content of foreign norms are impermissible.

Specifically, the court applied an old common - law doctrine that had been adopted into the law by state statute, called the «firefighter's rule.»