Sentences with phrase «while standard of review»

While standard of review grounds of appeal have not been favourably received by the SCC since being exhausted by Dunsmuir (whatever that now means) a case such as this may provide the proper constellation of legal problems to warrant a review.

Not exact matches

I would tend to give more credence to the competency of their views than those of housing bears who post analyses and charts at the click of a mouse, all the while unconstrained by due - diligence standards or even such things as the peer - review process that serves academia so well.
While unions tend to be hesitant about automation, they are eager for training programs that can help advance their members» skills, says Daniel Wagner, the director of education, standards, and training for the International Sanitary Supply Association (ISSA), which reviews and validates training programs.
A while back I realized that the razor review section has been neglected somewhat and since then I have been picking up razors of all kinds — the Merkur Progress, the Black Standard, a bunch of discount razors from AliExpress that I am still waiting for, and the subject of today's review the RazoRock Super Knurl DE Safety Razor from the Italian Barber — all in order to build it up.
In Dr. Vinson's role as Deputy Editor, she oversees research content in the area of cellular and molecular biology and biomedicine, working with biology editors to attract and select exciting research papers and reviews, while maintaining high editorial standards.
While more than two - thirds of nonacademic organizations consider performance reviews standard practice, almost half the academic institutions questioned in a survey conducted by COSEPUP said they do not officially review their postdocs.
While the recommendation to remove fat from your diet was standard medical advice for years, a new review of published studies shows that changing the types of fats you eat will bring better results.
Iron Fist has recently come under fire for a number of reasons; if reviews are to be believed, it's nowhere near the gold standard of previous Marvel - Netflix collaborations, while many have accused the show of whitewashing, due to the decision to cast a white actor, Finn Jones, in the title role.
However, a review of evidence relating to the accessibility of the 2016 key stage 2 reading test, which acknowledges concerns raised by teachers, states that «while standards were set appropriately in 2016, the review suggests that the test seemed to be more challenging than the sample materials provided».
Student evaluations frequently reflect popularity or grading standards, rather than genuine instructional quality, and exhibit gender, racial, and ethnic biases, [v] while peer reviews are subject to «halo effects» resulting from evaluators» knowledge of a faculty member's research record.
Oklahoma and South Carolina pulled out of the standards, while Tennessee and Arkansas revised them through state reviews.
Members of the Academic Standards Review Commission have until December 2015 to suggest changes to North Carolina's standards, which include Common Core, to the State Board of Education, which is then required to take those suggestions into account while conducting its own review of the academic stanReview Commission have until December 2015 to suggest changes to North Carolina's standards, which include Common Core, to the State Board of Education, which is then required to take those suggestions into account while conducting its own review of the academic stanreview of the academic standards.
«While alignment to Florida standards was confirmed for the majority of items reviewed via the item review study,» the firm wrote in its report, «many were not confirmed, usually because these items focused on slightly different content within the same anchor standards.
Review and scaffold instructional materials for students identified with learning needs while still maintaining the appropriate level of rigor and complexity to meet and exceed goals and standards
While a full repeal of the standards remains rare, the staying power of the Common Core will continue to be tested as state task forces and review boards have the opportunity to chip away with potential changes, administrative roadblocks, or delays.
While it is clear that the two polls tapped very different constituents, Rick Hess, resident scholar and director of education policy studies at the American Enterprise Institute, says that it isn't surprising that a standard - by - standard review of the Common Core would look different than a review of the sum of Common Core's parts.
While the Trump administration has agreed to open a review of Obama - era 2022 - 25 emissions standards, the law remains on the books and will likely be difficult to change or remove.
One is of the plug - in variety (covered in a separate review) while the other is a standard hybrid, which will earn a 47 mpg combined EPA rating when it debuts later in the 2014 model year.
The standard version of the Alto with the option of the airbag is now priced at $ 2.62 lakh while the LXI variant of the K10 with the airbag costs $ 3.45 lakh (all prices ex-showroom Delhi) Also Read: Maruti Suzuki Alto K10 AMT Review
While the airbag is still not part of standard equipment on the Alto but the left outside rear view mirror will be made available across all variants of Alto Also Read: Maruti Alto 800 Review Here are the prices of the car.
In sum We liked the Hyundai Sonata SE when it was reviewed back in 2010, calling it «a great value, packing in a strong assortment of standard and optional cabin tech, good looks, and performance, all while maintaining a relatively low price.»
If while reviewing your submission we find that your book is not of a certain quality or standard we may refuse to host you on the site.
Many reviews are unmoored from any standard of evaluation, while some are plainly meant to wound.
While these payment methods are fairly industry standard, some user reviews did complain about the lack of an option to fund an account or take profits via PayPal.
While reading James O'Shaughnessy's Predicting the Markets of Tomorrow (full review to come later), I came across an interesting section with three different models used to forecast the Standard & Poor's 500 Index.
The Humane Society of the United States, the ASPCA and Best Friends Animal Society offered mixed reviews of the new animal care standards for large - scale commercial puppy mills recently finalized by the Missouri Department of Agriculture, noting that some of the standards have been strengthened while others have been significantly weakened during the agency's rulemaking process.
While the research is not always of the gold - standard variety — double - blind, placebo - controlled trials that are published in veterinary journals only after passing muster with a team of independent scientific experts who review the trials for study design and overall quality — preliminary studies do exist, and some dog food manufacturers have gone ahead and tested products on their own.
While each individual dog is unique and many don't conform to breed standards, reviewing dog breeds is a good way to begin the process of selecting a pet to join your family.
The location is excellent and surprisingly quiet, and while the Supreme is a veritable fossil by downtown Singapore hotel standards, the rooms are oversized verging on... Read our full review of Hotel Supreme.
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Total War is a series of strategy games that many of you already have come to love, and rightfully so as the latest release from the series Total War Shogun 2 was a masterpiece in a genre where it takes so much for a game to rise above the standard set by games of this calibre, and I was personally very excited to get to review Total War Rome 2 but after withholding this review for weeks while waiting for patches to release I figured it was time to let my voice be heard about the state of this game as of now.
A quick review of the site identified that while the terrace houses could be adapted to the passive house standard, the three remaining units had a poor orientation and form factor and were unlikely to achieve the passive house standard cost - effectively.
While the main part of the case discussed the usual components of medical malpractice action (standard of care of a physician and causation), it's Canada - wide implication arises from a part of the decision that reviews and clarifies the law on «confidentiality between patient and doctor» in a legal context.
The College appealed to the Court of Appeal on several grounds, including that the chambers judge failed to apply a reasonableness standard of review while improperly re-weighing the evidence, and erred in finding the decision unreasonable by improperly requiring the inquiry committee to weigh the respondent's version of events.
The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correctness.
Accordingly, while panels may depart from strict rules of evidence, evidential issues may be subject to review on a standard of correctness.
In other words, while Justices LeBel and Cromwell purported to apply the categorical approach, [60] the real drivers of the choice of standard of review were the much - maligned standard of review analysis factors.
While at K&L, Beau also directed and coordinated data review and production efforts of project teams comprised of more than 100 attorneys and technical staff located across multiple offices; developed and implemented training programs for attorneys, paralegals, and technical support staff; and trained review attorneys in standard document review operating procedures, matter specific background information, and usage of proprietary software.
The Court held that the Board findings regarding the prima facie discrimination test were properly reviewed on a standard of correctness, while findings related to the application of that test were properly reviewed for reasonableness.
She also laid the foundation for the adoption of AIA post-grant review and oversaw policies, standards and procedures while also developing inter partes and ex partes reexamination training for CRU examiners.
Cases involving standards of review and jurisdiction have been particularly plentiful, while a number of cases dealing with standing, procedural fairness, and the Charter are also worthy of note.
So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56
A series of barriers collectively reduce the effectiveness of initial and subsequent monthly reviews of detention sentences including: arbitrariness of decision - making in detention reviews; detainee's difficulty in gathering new evidence while in detention; standard of proof for detainees; and prohibitive release conditions: Petra Molnar and Stephanie J. Silverman, Everyday Injustices: Barriers to Access to Justice for Immigration Detainees in Canada, Refugee Survey Quarterly (2016) 35 (1): 109 - 127 [Molnar & Silverman, Everyday Injustices].
While Dunsmuir is now synonymous with the standard of review, it was not argued with much conviction in Mr. Dunsmuir's case.
Ironically, while I was able to convince Mr. Petrie to seek leave, I was never able to get him interested in the standard of review.
In Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd., [5] the majority (5/4) affirmed its allegiance to the categorical approach while summarily snubbing contextualism for generating «uncertainty and endless litigation concerning the standard of review
Irritated because on standard of review the Court seems literally incapable of a consistent and practical approach, while on solicitor - client privilege the Court has been so consistent that it risks fetishizing the significance of solicitor - client confidentiality to the point of jeopardizing other important legal interests.
While I have acknowledged that the standard of review is at the heart of judicial review, there is so much more to administrative law.
The Court of Appeal noted that the chambers judge's decision attracted a standard of review of correctness, while the reasonableness standard applied to the Board's decision.
Thus, the court held that while the Divisional Court chose the correct standard of review, it erred in its understanding of the evidence and of the reasons of the Discipline Committee, and it effectively sought to retry the case in a manner inconsistent with the proper application of the standard of review.
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