Sentences with phrase «against substantial burden»

They specifically focus on strategies that can prevent and defend against substantial burden, unreasonable limits, and equal terms claims, including using the safe harbor provision, addressing public statements, and educating government officials about the law.

Not exact matches

As this provision triggers a substantial monetary penalty, we must guard against a liberal interpretation that extends the scope of the essential elements, which are already quite broad, given the fact that the person who has committed the violation has absolute liability, that the prosecutor has a considerably reduced burden of proof and that the person who has committed a violation risks higher penalties in the event of a subsequent violation (see sections 5 and 6 and Schedule 3 of the AMPs Regulations).

But a need for «scientific» evidence fails to respect the experiences of individual community members (from which a court could also infer community needs) and requires that indigenous groups undergo the substantial burden of expensive community studies in order to defend their aboriginal fishing rights against «allocation» decisions.

The only time you can discriminate against the breed of a service dog is if you can provide proof that the breed will cause an undue burden like a substantial rise in insurance.

185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata; judgment rendered in civil court between buyer and seller is not controlling in administrative proceeding against licensee where DOS and licensee were not parties in the civil suit and professional conduct of the licensee was not litigated; duty of disclosure to a buyer by a seller's agent is derivative; seller's agent must make the same disclosure to a buyer that the law requires a seller to make; disclosure by seller's agent to buyer's agent of the condition of the property as known by seller's agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint dismissed