Sentences with phrase «strasbourg jurisprudence»

These findings — though not unique among the countries surveyed by Pew — could raise potential human rights alarm bells as both countries begin the long process of rebuilding their systems of jurisprudence in the wake of the U.S. exit.

It is really unfortunate that he [Moffatt] has been led to believe that the Agency is somehow interpreting things differently and is dismissing jurisprudence arising from a case that upheld the CBSA's position!

Ben Ferencz, the last living prosecutor from the Nuremberg trials, will come to Duke Jan. 31 to discuss the trial's impact on international jurisprudence...

«Environmental protection is an area of greyness within our constitution because it wasn't contemplated in 1867 and not a lot of jurisprudence has been put forward since then to confirm where jurisdiction lies,» Horgan said.

Although the regulatory saber - rattling in Washington might seem an inefficient means of creating policy, Valkenburgh, who holds a doctorate of jurisprudence from NYU Law School and was a 2013 Google Policy Fellow, believes this seemingly uncoordinated dance, with different definitions and points of view, to be in the highest tradition of American law.

After graduating North Carolina State University with degrees in civil engineering and Spanish, Justin earned a doctor of jurisprudence degree from the School of Law at the University of North Carolina, Chapel Hill.

Director Iancu has made clear that the current state of patent eligibility jurisprudence is untenable.

'» [12] In particular, there is growing agreement that «Delaware jurisprudence favors director primacy in terms of the definitive decision - making power, while simultaneously requiring directors to be ultimately concerned with the shareholders» interest.»

«Chalk this up as a lesson in jurisprudence»

In bold and sweeping Reasons for Judgment on behalf of a 5 - 2 majority, Justice Rosalie Abella overturned the Court's previous jurisprudence and recognized a constitutionally protected right to strike under section 2 (d) of the Canadian Charter of Rights and Freedoms.

Whatever your view of Second Amendment jurisprudence, Trump's flippant comments showed a startling indifference for foundational rights that are enumerated in the Fourth, Fifth and 14th amendments.

The Howey and Reves tests could both be applied — for example, even if a token is not an investment contract under Howey jurisprudence, it could be considered a security under Reves.

Determination of whether an accrual or receipt is revenue or capital in nature is tested under existing jurisprudence (of which there is no shortage).

It is a warehousing contract, not a «loan to the bank» (even though modern - day jurisprudence disagrees on this point, by ignoring both legal tradition and logic).

Rather than attacking constitutional «originalism» and its highest - profile proponent - Justice Antonin Scalia - by name, Souter aimed his jabs at what he called the «fair reading model» of constitutional jurisprudence.

This prejudice favouring traditional religions demonstrates a degree of imperial ethics... Sometimes, while not based on established jurisprudence, the perception is that we are prepared to challenge in the courts a newer religion with different belief structures but are prepared to accept the more established religions.

Unlike Christianity in the West, where divisive debates often have focused on theological doctrines, in Islam the most important schools of thought reflect differences in jurisprudence.

In accordance with Islamic law, pork was prohibited, but there was a list of other banned foods that could not be explained by any Islamic jurisprudence.

Probably creationist don't turn to Leviticus 13 for medical advice on how to treat skin disease (leprosy); nor do they turn to Joshua 6 (Siege and fall of Jericho) for lessons in military science; nor do they turn to the staple of ancient legal science in Exodus 21:23 - 2 (lex talons «eye for an eye, tooth for a tooth») for modern jurisprudence.

The late Justice William J. Brennan, Jr. was apotheosized at his death by the New York Times for the rich legacy the Times deemed he had conferred on American jurisprudence.

As a tour de force of semantic gymnastics, Casey has few equals in the annals of modern jurisprudence; it is, next to Roe itself, perhaps the starkest reminder of the extent to which our Constitution has become, at the hands of the Court, a thing of almost infinite plasticity.

Now, to be sure, the Supreme Court's inane religion - clause jurisprudence accelerated this process.

Edward N. Ney Professor of Jurisprudence and American Institutions emeritus Amherst College

An equally large bloc felt that that was not possible once the machinery of terror and the political order were enshrined in jurisprudence.

Despite the perverse jurisprudence of recent decades, most Americans still say with the Founders, «We hold these truths.»

Hadley Arkes is the Ney Professor of Jurisprudence Emeritus and the Founder / Director of the James Wilson Institute on Natural Rights & the American Founding in Washington, D.C.

The «Robber Barons» were no robbers and their greed was exaggerated, natural right - grounded classic liberals rejected Social Darwinism, and men like Justice Peckham who «discovered» and defended the liberty of contract were good men attuned to what might plausibly be derived from a natural development of American jurisprudence.

In the jurisprudence Justice O'Connor has seemingly created, judges can validate laws by characterizing them as «preserving the traditions of society» (good); or invalidate them by characterizing them as «expressing moral disapproval» (bad).

Nor should it have been a surprise that the Court, having successfully claimed for itself the authority to write a «living Constitution» based on penumbras and emanations, should assume the roles of National Metaphysician and National Nanny (as it did in Casey, with its famous «mystery of life» passage and its hectoring injunction to a fractious populace to fall into line behind the Court's abortion jurisprudence).

Moral Foundations of Law: for law students and graduate students in jurisprudence, a seminar in moral and legal philosophy.

In our persistent jousting, he was persistently dismissive and derisive toward «natural law» — while I'd point out that he kept offering handsome examples of how a jurisprudence of natural law could be done.

One does not have to leave the pages of Brennan's review to see that, in practice, the suggested natural law jurisprudence would be indistinguishable from judging based on personal preferences.

Such jurisprudence shall be rooted in Islamic tradition and principles and mindful of global changes.

that innovation in constitutional jurisprudence greased the skids for a 23 - year slide through social liberalism.

The Supreme Court's decision upholding a ban on partialbirth abortions, Gonzales v. Carhart, «is a significant step in the right direction — moving away from the infamous «abortion distortion» in Supreme Court jurisprudence and bringing their interpretation of abortion law more in line with other fields of law».

Such thinkers are known in the history of Islamic jurisprudence as rationalists, or men of thought.

He wrote no book himself, but his disciples spread his liberal teachings and founded the Hanaifi school of jurisprudence which is found in Turkey, Afghanistan, Central Asia, Pakistan, India, and Egypt.

In deciding what food can be eaten and what is forbidden Muslim jurisprudence accepts as guides the Qur» an, the Hadith, what the Prophet ordered to be killed and what he forbade killing, and the foods which are abhorrent to human feeling.

In the realm of jurisprudence, Walliyulla's main work was concerned with reconciling the conflicts and differences among the four recognized schools of jurisprudence.

It is easy to see why that seems like the right tool: Free exercise jurisprudence has frequently involved the crafting of prudential exemptions and accommodations — precisely the carving out of spaces — that could allow religious believers to act on their convictions even in the face of contrary public sentiments or (up to a point) public laws.

Rather, it is the existence of a certain universalistic quality in the jurisprudence, the scholarship, the media and the religion that is decisive — a universalistic quality which, precisely because it transcends particular beliefs and practices, can bring the particulars of that situation under critical scrutiny.

If all mankind catalyze world opinion in support of human dignity and the worth of personhood, together with all the wealth of rights and values already part of U.N. instruments and international jurisprudence, there is hope.

The school of Hanafi came to dominate the whole province of Sind to the exclusion of all other systems of jurisprudence.

The ideological underpinnings of universal human rights jurisprudence can best be gathered by glimpses of International Conferences organized under the auspices of the United Nations.

In a tract on The Differences Among the Jurists Walliyulla shows that the supposed differences are more apparent than real if they are referred to the main source of Muslim jurisprudence, the science of Hadith.

There are minor differences from country to country in the manner of praying, differences of no importance which have grown up through varying interpretations in the schools of jurisprudence.

Walliyulla had already turned Muslim attention to the Hadith as the real source of Islamic jurisprudence as opposed to the decisions of the jurists.

Recently it has been divided into two departments with the general department continuing the old system and a special department which is composed of faculties of theology, jurisprudence, and the Arabic language, to each of which is attached a number of primary and secondary schools.

Concerning the consequences — worship and jurisprudence — the Zaidis follow the Shafi`i school, which makes them the Shi`ites nearest to the Sunnis.

Hadley Arkes, a member of the editorial advisory board of First Things, is the Ney Professor of Jurisprudence at Amherst College.