Sentences with phrase «additional court decisions»

Consequently, a fundamental argument against using embryonic stem cells and therapeutic cloning can not be derived from existing constitutional law and additional court decisions.

Not exact matches

The 2nd U.S. Circuit Court of Appeals said its ruling stemmed from a 2008 decision in which it held that Cablevision Systems Corp. could offer a remote digital video recording service without paying additional licensing fees to broadcasters because each playback transmission was made to a single subscriber using a single unique copy produced by that subscriber.

The Supreme Court's Bildisco decision required the airlines jump through some additional hoops before a judge can allow them to rip up a union contract, but the mere fact of its possibility weakens the bargaining power of unions by making companies less accountable to what they've promised workers.

The court could make its decision very specific to South Dakota, which would require these other states to carefully examine their laws to ensure they won't face additional court challenges.

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.

Delivering the Judgment, the Human Rights Court presided over by Justice of the Court of Appeal sitting with additional responsibility as a High Court Judge, Justice Anthony Yeboah held that the decision by the Fire Service was discriminatory and a breach of the fundamental Human Rights of the two applicants in the matter.

In 2006, the Court of Appeals revisited its earlier decision and recommended the state give the city an additional $ 2.2 billion a year in school funding, but ruled it could not order Albany to do so.

On Wednesday, members of the city council's Progressive Caucus, including Councilman Daniel Dromm, chair of the Education Committee, came to Albany asking state legislators to adopt a budget that provides funding mandated by the Campaign for Fiscal Equity court decision, excludes additional resources for charter schools, leaves the charter school cap at current levels and provides more local control over the city's schools.

At the resumed hearing of the earlier charge of possession of illegal firearms filed against Dasuki yesterday, Justice Ademola Adeniyi of the Federal High Court Six, sitting in Abuja expressed surprise at the decision of prosecution counsel to bring additional charges against immediate past National Security Adviser (NSA) on a day set aside for definite hearing on the one count charge preferred against him.

The second point seems to ignore the additional $ 1 billion in spending the state Legislature just approved for K - 12 education as a direct response to the state Supreme Court's McCleary decision on funding basic education.

Then, once a district has made a decision to terminate, weak teachers are given four additional appeals, including to courts of law.

Estimates say that complying with the Court's decision will require the state to spend an additional 1.5 — 2 billion dollars more per year on public education.

Even so, Rossell and Baker conclude that «additional, methodologically sound research needs to be conducted in order for the courts and policymakers to make intelligent decisions» (p. 39) and that «we are struck by how small the differences are... between programs with very different amounts of English instruction» (p. 43).

Four additional states (CA, MA, NJ, WV) are considered mandatory states, but only as a result of a state supreme court decision.

Given that the court has issued fewer than 80 decisions in the past few years, eighty additional amicus briefs is significant.

The new decision on summary judgement motions may provide additional relief, but it is still being interpreted by the courts.

In July 2014 in Coventry v Lawrence [2014] UKSC 46, [2014] 4 All ER 517, the President of the Supreme Court recognised that a decision that recoverability was illegal would have «very serious consequences for the government» which may have to repay all of the additional liabilities paid by losing parties whose human rights had been breached.

The factors considered, arising from previous decision of the Federal Court, are: presence of competing products in the market; advantages of the patented product over competing products; advantages of the infringing product over the patented product; market position of the patentee; market position of the infringer; market share of the patentee before and after the infringing product entered the market; size of the market before and after the infringing product entered the market; and capacity of the patentee to produce additional products.

Additional coverage of the trial court's ruling in this case can be accessed via Citizen Media Law Project, «Internet Library of Law and Court Decisions,» and law professor Eric Goldman's «Technology & Marketing Law Blog.&rcourt's ruling in this case can be accessed via Citizen Media Law Project, «Internet Library of Law and Court Decisions,» and law professor Eric Goldman's «Technology & Marketing Law Blog.&rCourt Decisions,» and law professor Eric Goldman's «Technology & Marketing Law Blog.»

Similarly, the Court's decision in Kimbrough v. U.S., also gives the lower courts additional discretion at sentencing.

For those seeking additional information on Twitter concerning Canadian law, Fodden has also created a number of Twitter feeds to allow ready access to Supreme Court of Canada decisions and court of appeal decisions for many Canadian proviCourt of Canada decisions and court of appeal decisions for many Canadian provicourt of appeal decisions for many Canadian provinces.

Parenting coordination gives parents access to a neutral decision - maker who can resolve day - to - day parenting conflicts as they arise, with the goal of minimizing further conflict and additional appearances in court.

The appellate court did vacate the family court decision regarding the relocation of the children to Wisconsin and remand for additional findings that are consistent with Arizona law.

In light of the Court of Appeal decision, additional steps could involve more specifically identifying documents and information over which privilege could reasonably be asserted and materials that are unlikely to be considered privileged (because they were not created or prepared for the dominant purpose of preparing for litigation or receiving legal advice).

Ever since the Supreme Court handed down the historic decision of Carter v. Canada (Attorney General)(previously discussed here), as well as its companion decision delaying implementation for an additional four months while... read more

If there's been domestic violence in the parents» relationship, or in their relationships with other people, the court has to consider three additional factors when making a decision about custody or parenting time:

While all discretionary decisions face a degree of deference from an appellate court, the added «unfettered» nature of the reconsideration power could be read to support additional deference on appeal.

That is not a problem because the Supreme Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26Court of Canada Act, R.S.C. 1985, c. S - 26, ss.

As such, my goal with this post — with the help of any SLAW readers adding additional information or clarifications in the Comments section below — is to update and consolidate postings from the CALL - L Archives and past SLAW posts to create a fairly definitive answer to the following question: Where can I find English translations of Canadian court decisions written in French?

Seyfarth Synopsis: The U.S. Supreme Court's decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence, the employer has no additional federal legal obligation to provide additional leave, or hold the employee's job open.

June 2016 saw the Ontario Court of Appeal (the «ONCA») add an additional layer of complexity to the drafting of effective employment agreements upon the release of its decision in Oudin v Centre Francrophone de Toronto.

In its decision in Soysal and Savatli, however, the Court held that the stand - still clause of Article 41 (1) of the Additional Protocol also applied to a visa requirement introduced by Germany back in 1980 which applied to the entry of Turkish nationals for the purposes of providing services, in that case related to the international transport of goods for a Turkish - registered company.

The Court therefore concludes that the PCA could not be signed on the basis of the additional legal bases of Articles 79 (3), 91, 100 and 191 (4) TFEU and annulled the Council Decision.

On the one hand, the Court suggests that a single legal basis is sufficient if the predominant component of the PCA is development cooperation, and on the other hand, it suggests that as soon as the PCA goes beyond the framework of development cooperation, the decision should be founded on an additional legal basis.

In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal upheld an award dismissing an arbitration after the claimant failed to pay additional advances on costs.

The court granted rehearing, vacated the panel decision, and issued a new decision by the full court affirming the district court on the validity and infringement issues, all without requesting additional briefing or allowing the United States or other interested parties to participate.

Parenting coordination is a process that gives parents like these access to a neutral decision - maker who can resolve day - to - day parenting conflicts as they arise, with the goal of minimizing further conflict and additional appearances in court.

Unlike additional areas of law which find their rules in statutes (like penal codes within criminal cases), the creation of personal injury law has mostly taken place through decisions by the court, and in treatises created by legal scholars.

Although it is the Court's practice to not provide reasons for decisions on motions to intervene, the SCC issued a press release and Justice Wagner gave additional comments.

The Court of Appeal overturned the High Court's decision that the Clarks could seek additional redress through the courts.

Some recent decisions suggest that on contested motions seeking bifurcation, the court will look critically at contested requests to bifurcate, often recognizing the additional time required for final resolution and the right of the plaintiff to get all issues resolved.

While the principles set out by the Supreme Court of Canada in Gordon v. Goertz are (and were intended only to be) a good general direction to look at in determining what is in the best interests of the child in considering a major change in residence, fortunately other Courts have given some additional specific examples of things that should be looked at in making this decision.

Last, there might be some additional benefit to the approach described here, one that is especially salient after the Court's Philip Morris decision.

In reaching its decision, the Court also noted that the fact that additional documents were produced in response to discovery requests during the litigation of other claims has no relevance to a determination as to whether documents were wrongfully withheld under OPRA.

The court clarified that the trial court's decision to grant the dismissal of one of the claims was based upon a case where a new professional malpractice claim was being added, but that it was distinguishable because here there was not an additional professional claim being made.

While Stanley Burnton J did — but «not without considerable hesitation» — accept as lawful the additional reasons, in the course of his judgment he extracted the following useful propositions from R v Westminster City Council, ex p Ermakov [1996] 2 All ER 302 and other authorities: - Where there is a statutory duty to give reasons as part of the notification of the decision, so that (per Mr Justice Laws in R v Northamptonshire County Council, ex p D [1998] ED CR 14) «the adequacy of the reasons is itself made a condition of the legality of the decision», only in exceptional circumstances, if at all, will the court accept subsequent evidence of the reasons.

However, given that the need for additional evidence is sometimes critical to the court's ability to make an informed decision, and that the expert evidence itself is often of a highly technical nature, two questions arise: - How should the courts deal with such requests?

The final decision on whether additional evidence or forensic investigation is necessary for the proper determination of the issues is one that rests with the court.

motion: a request to the court, usually in writing, for relief before the trial on the parties» claims, or for different or additional relief after the trial decision

Chicagoans who pay to stream movies and music from services like Netflix and Spotify will now need to fork over an additional 9 percent for the privilege, as will Chicago businesses that pay to use everything from real estate to court databases online, under a decision the city quietly made recently to expand its taxing power.