Sentences with phrase «apply established law»

According to Kesan, the ultimate goal of the paper was to apply established law and privacy theories to services in the cloud and set forth a model for the protection of information privacy that recognizes the importance of informed and empowered users.

Not exact matches

Technology will be vastly different in a few years» time, and there is a danger that precipitating events could spur regulation to create a tech - specific law, rather than gradually applying established legal concepts like privacy, or security, to new technologies in a progressive manner.

There is a large body of established tax principles and law for property that apply to cryptocurrency and how the gains, losses, income and transactions are treated for federal tax purposes.

To apply such a principle to a market economy, the law should first specify the wage required to maintain the worker in his social position as the price of the commodity he produces should then adapt to the cost structure so established.

As applied to modern democracy, the idea is that the moral legitimacy of a law or public policy can not be established merely by showing that it was put into place through the workings of democratic institutions.

The fact that established law, created under the Clinton administration was upheld, and how it applies to «persons» and corporations who can be legally identified as «persons» are what we are talking about.

In particular it notes General Recommendation No. 24 which «established that the criminalization of medical practices which only apply to women, like abortion, constitute a violation of equal rights,» (6.5.2) and the Committee's 1999 comments to Colombia calling their abortion laws a violation of Article 12.

The basic aim of the party is to establish the religion of Islam according to the Shafi'i school of law as it applies to the ordinances for worship and the shari`a and to establish the interpretation of the fundamentals according to the teaching of al - Ash «ari and al - Maturidi — whose teachings form the basis for the theology of the Sunnis.

Before parents can obtain a 504 plan for their special needs child, they must first get a team to assess their child, decide with federal laws apply to their child's disability, and establish a plan based on those findings.

5.3 All the people of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard».

It is only by uniformly and consistently applying the law that the needed deterrence would be established against those that operate outside the boundaries of the law.

Federal and state laws that bar discrimination of all kinds and establish workplace conduct rules that prohibit harassment also apply.

For example, assessments can be used to establish overall levels of student achievement in a subject such as Physics; mastery of particular topics such as energy and mechanics; or the ability to apply Newton's First Law to explain the relationship between force and motion in practical situations.

In 2013, «An Act Establishing Commonwealth Virtual Schools» (Chapter 379) was signed into law; MAVA was required to apply for CMVS status, which it received in summer 2013.

As is typical with any new law, after passage of the ESSA, the federal agency responsible for administration and oversight — in this case, the U.S. Department of Education — established regulations to make sure the intent of the law was properly applied.

There is little recent guidance on this issue and it isn't clear that this rule should apply to accounts established under the more modern version of the custodial account law, because UTMA contains language designed to prevent parents from being taxed on custodial account income when the account is used for purposes that fall within the parent's support obligation.

This Privacy Policy is intended to establish responsible and transparent practices for the management of personal information and to satisfy the requirements of rules established by the Personal Information Protection and Electronic Documents Act (PIPEDA), as well as other applicable provincial privacy laws that may apply.

The management of Katmai National Park and Preserve involves the ability to successfully understand and apply a variety of laws, regulations, and policies that were established to protect park resources and values.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

If a third state investor brings a claim against a member state, it may well be that the tribunal will have to interpret (or even apply) EU law in similar ways as tribunals established under intra-EU BITs.

Article 56 TFEU requires not only the elimination of all discrimination against providers of services on grounds of nationality or the fact that they are established in a Member State other than that where the services are to be provided, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less advantageous the activities of a provider of services established in another Member State where he lawfully provides similar services (Case C ‑ 475 / 11 Konstantinides [2013] ECR, paragraph 44 and the case - law cited).

The University of Mississippi established a law school in 1854, heavily influenced by the University of Virginia's model.203 Although dedicated to the idea that the theory of law and government was a proper subject for teaching, the University did not stint on moot court as a way to apply legal principles to cases.204

Acted for the Te» mexw Treaty Association intervening at the Supreme Court of Canada with respect to whether the trial judge erred in finding Aboriginal title was established, whether the Crown breached its duty to consult and accommodation, and whether provincial laws of general application apply to Aboriginal title land.

It provides that the rules of a Member State apply when the processing is carried out by a data controller established in a Member State (or in a place where the Member State's national law applies) or if a controller established outside the EU makes use of equipment on the territory of the Member State for the purposes of processing.

Over recent years, we have relished the opportunity to work with law firm CMS (one of 23 founding members of PRIME) to establish a workshop for students designed to help them think about applying for jobs in law, including interview skills and CV preparation.

While these purposes of statutes of limitations generally apply across the states, each state has its own law that establishes how long you have to act.

Where subsidiaries and branches are established outside the EEA (where the AML laws are not as strict as the UK), the parent company must ensure that the subsidiaries and branches apply controls and measures equivalent to those required by the MLRs.

Section 309 of that law addresses children born out of wedlock, and says that section 301 (a)(7)(quoted above) applies directly as if the parents were married, «if the paternity of such child is established while such child is under the age of twenty - one years by legitimation.»

The Arizona Child Support Guidelines «provide procedural guidance in applying the substantive law» for establishing and modifying of child support obligations.

If TWU does establish a law school, there will be «X +1» law schools that all (perhaps non LGBTQ) students can apply to, and X law schools that students can apply to — this lessens the entrance pressure on all law schools.

A candidate shall possess a high degree of knowledge of established legal principles and procedures, and have demonstrated a high degree of ability to interpret and apply the law to specific factual situations.

To use analogy in law, the Judge suggests that you (1) establish similarities between two cases; (2) announce the rule of law embedded in the first case; and (3) apply the rule of law to the second case.

Applying case law: In the matter of Romano v. 1577118 Ontario Inc., the Tribunal found that a single incident where a male employer had inquired about a female employee's preferred sex position was sufficient to establish sexual harassment.

Although the vicarious liability provision does not apply to harassment in employment, there is long - established case law of the Tribunal which supports that liability for harassment by an employee can be imposed on an organization respondent where the harassing employee forms part of the «directing mind» of the organization respondent, on the basis of the «organic theory of corporate liability.»

Since the internationally illegal acts for which individual criminal responsibility has been established were also morally the most objectionable and the persons who committed them were certainly aware of their immoral character, the retroactivity of the law applied to them can not be considered as incompatible with justice.

In contrast, a judge seeking to apply foreign law must first establish the content of that law, either by way of time - consuming research or through the testimony of competing «experts» in the foreign legal system.

For example, nine years before the California Courts of Appeal held in 2005 that California's Unfair Competition Law (Business and Professions Code section 17200, et seq.) did not apply to securities transactions, Keesal, Young & Logan had already established this principle in the United States District Court and in the Ninth Circuit Court of Appeals.

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.

A recent case illustrates how courts apply Dram Shop Laws, as well as the quantum of evidence that must be presented in order for a plaintiff to successfully establish liability.

Without entering into the points as to whether investment tribunals are established by law, are permanent, have compulsory jurisdiction and are impartial, applying rules of law, it seems that the AG neglects in his analysis an essential characteristic of the test established in Article 267 TFEU, namely that it must be a Court or Tribunal «of a Member State».

Following the UPCt paradigm, the conclusion of an inter se agreement that would establish a European investment court as a shared national court, which could apply EU law rules as well as additional standards of protection, would be the only way to retain a distinct dispute settlement mechanism for intra-EU investment.

Accordingly, applying the principles of statutory interpretation, it is assume that Parliament did not intend to overrule the well - established rules of the common law when passing the Mental Capacity Act, in the absence of clear words or at least necessary implication.

Federal law requires the Indiana Child Support Guidelines be applied in every instance in which child support is established including, but not limited to, dissolutions of marriage, legal separations, paternity actions, juvenile proceedings, petitions to establish support and Title IV D proceedings.

Additionally, the Hearing Panel found that V had failed to establish his good character, applying that concept as previously addressed by the Law Society in Hyman Armstrong v. Law Society of Upper Canada, 2009 ONLSHP 29 [at paragraphs 22 - 29].

Since Bertico merely applies the law established in Provigo to a new set of facts (as acknowledged by the Court of Appeal at para. 76 of Bertico), this decision has not increased the duties incumbent upon franchisors in Quebec.

A closely related issue is how long you need to retain a document, something for which law firms and businesses often establish a «records retention policy» that depends mostly upon the relevant statute of limitations and the domestic laws that apply to the company.

It is established authority that the privilege does not apply against the risk of incrimination under the penal law of another country (see Brannigan v Davison [1997] AC 547, [1996] 3 WLR 859).

To do this, the Court of Appeal applied Law v. Canada (Minister of Employment and Immigration), [1999] 1 S. C. R. 497, which is a leading Supreme Court of Canada decision that created the Law test for establishing equality right claims under section 15 of the Charter.

Whilst the Euratom Treaty takes precedence over more general European laws established under the Treaty of the Functioning of the European Union («TFEU»), general EU law still applies to areas that fall outside the scope of the Euratom Treaty such as public procurement, state aid and environmental protection.

The Federation has established a Standing Committee on the Model Code of Professional Conduct, which monitors professional conduct developments and changes in the law and recommends improvements to the Model Code as law societies apply the rules.