Sentences with phrase «applicability when»

Given that recovery can either be barred or offset based on a plaintiff's assumption of risk, defendants in negligence cases will often try to assert the theory's applicability when confronted with allegations of negligence.

The Supreme Court has ruled that the «negative right» to the free exercise of religion guaranteed by the First Amendment does not prevent individuals from being coerced into obeying laws of general applicability when doing so violates their religious beliefs.

Not exact matches

In March, the Financial Crimes Enforcement Network, a division of the U.S. Treasury, made its first steps toward regulation when it issued an «an interpretive guidance to clarify the applicability of the regulations implementing the Bank Secrecy Act («BSA») to persons creating, obtaining, distributing, exchanging, accepting, or transmitting virtual currencies.»

When all is said and done, it seems that firms are recognizing that the best interest contract exemption is the way forward for advisors who wish to continue selling financial products on a commission basis — and that now is the time for preparing for compliance in advance of the applicability date.

To be sure, such choices must have some experience to illustrate their worldly applicability, but they are not defeated when other experience does not function for them.

The fact is that when courts have applied the «compelling state interest» standard in the past, religiously required exemptions from laws of general applicability have not done well at all.

In other words, when the Court looks to whether the government has a compelling interest (i.e. the «importance» the government places on a particular regulation), numerous exceptions to the law's applicability suggest the government doesn't view the «importance» such as to rise to the level of a compelling interest.

The drawback, according to Wang, is that these nanostructures can be fragile, difficult to make reproducibly when scaled - up and poor in electrochemical stability, limiting their applicability.

Brachytherapy is an extremely efficient and safe radiation oncology modality, and this trial shows that it can have a wider field of applicability than simply in very localised and low risk tumours when combined with other techniques — in this case, androgen deprivation therapy and external bean radiation therapy.»

Within the next one to two years, researchers are interested in exploring the applicability of their newest technique in a wider variety of environments: for example, video games other than Atari Bowling and additional simulation environments to better represent the types of agents and environments found when fielding robots in the real world.

Adding hydrogen to graphene could improve its future applicability in the semiconductor industry, when silicon leaves off.

One thing that we always look for when examining a diet is whether or not it has any real - life results and applicability.

Increases in subjective feelings of hunger might be the single most important factor to consider when discussing the applicability of intermittent fasting as a therapeutic or preventive intervention in human subjects.

This way of thinking might be much more appropriate when it comes to analyzing current economic problems like the highly complex phenomenon of the financial crisis of 2008 than the former neoclassical models, because the latter seem in complete lack of practical applicability.

Readers should keep the context in mind when considering the applicability of the results to other situations.

As a result of the limited applicability of teacher value - added measures to the full population of teachers as well as concerns about potential mis - measurement of effectiveness associated with using value - added measures even when available, neither seniority nor measures of value - added to student achievement should be the sole criterion determining layoffs.

Also, although there is no practical value in trying to ascertain the color of crows by virtue of seeing a red tulip, the principle involves Bayesian reasoning that has substantial practical applicability in science — i.e., the notion that probabilities change on the basis of observed data, even when the changes are too small to be obvious.

When every news coverage article I found failed to question the applicability of copyright for the case, and at least one implies the cause is lost for Axanar, I started to question my convictions on what copyright is for.

Costain disputed the applicability of the dispute resolution clause in the Supply Contract and argued that because of the mutual trust provision existing in both contracts, it was envisaged that when a dispute arose, the parties would agree between themselves which of the possible dispute resolution procedures should be adopted to deal with the particular dispute.

A long time back, when tagging was newish, a number of us posted about it, doubting it's applicability in law, where a... [more]

The Court then quoted the cases of Sopropé, a case concerning the applicability of EU fundamental rights when Member State authorities apply EU customs law, and ERT, one of the landmark cases laying down the applicability of EU fundamental rights where Member States use the discretion EU law grants them to deviate from the fundamental freedoms of the internal market.

Arguably, then, the real difference between the Court of Appeal and the motions judge was less the stage when immunity is determined than the nature of the burden of proof to establish its (in) applicability.

[2014] IRLR 251, [2014] All ER (D) 52 (Jan)(judgment handed down on 5 November 2013, but embargoed until the conclusion of the hearing proper to avoid prejudice) considers both the issue of when there is a dispute, so as to engage the without prejudice rule, and also the question of the applicability of the «unambiguous impropriety» exception.

Until and unless a consensus develops in Quebec — and especially in Quebec case law — as to the non applicability of the second paragraph of Article 2103 C.c.Q. to the software / licensing environment, systems integrators and outsourcers doing business in Quebec must keep this risk in mind when negotiating IT service transactions with Quebec - based customers.

[95] The golden years doctrine has some limited applicability here, in that Mr. Mathroo has experienced a decrease in his willingness to walk because of the effect of his injuries on his perceptions of his physical condition and his feelings of safety when walking, but I take the point made by Mr. Edge - Partington's counsel that he was not involved in that many activities beforehand, other than going to the temple and gardening, so the curtailment of them has been more limited than in other cases cited on his behalf.

The dispute before the CJEU revolved precisely around the applicability of Article 8 of the Orphan Drug Regulation to generic drug approvals when the ten - year period of the orphan drug exclusivity of the reference product has already expired, while that of a «similar medicinal product» for the same indication is still in force.

In my view, quite apart from the language «incurred in the conduct of the proceeding» the term «disbursement», when used in the context of a costs rule that relates to the taxation of costs in particular litigation, does contain limits that narrow its potential broad applicability.

When today we hear about the applicability or a violation of «the Geneva Convention,» it's the four conventions of 1949 and the six subsequent protocols and annexes that are meant.

From an economical point of view, potential time savings are inherently appealing for some mental healthcare stakeholders.25 69 On the other hand, short interventions might entail certain risks, such as a weakened patient - to - therapist bonding.13 eHealth experts therefore emphasise the need for participatory research and the importance of target audience's perceptions when designing new treatments.70 71 As for that matter, the majority of our sample retrospectively would have preferred more group sessions (12 — 15 sessions) and half of our sample required more time for group interaction during each session (cf. the Applicability of the blended intervention section).

In todays episode we discuss the applicability of the Minnesota Uniform Fraudulent Transfers Act to marital dissolution proceedings and explore how and when a court might look at how the division of assets and debts might appear to be an attempt to...