Sentences with phrase «as against public policy»

However, most states strike these clauses as against public policy.

If any outside employment is expressly prohibited, it's probably unenforceable as against public policy.

Generally speaking such covenants are considered by the courts as a restraint on trade and, as such, as against public policy.

It seems likely though that any condominium board that wants to initiate litigation but is not able to obtain the necessary consent will argue that the consent requirements in its bylaws are void as against public policy.

However, the case was appealed and while the appeal court ultimately decided that the separation agreement was void as against public policy, it also noted that courts needed to use caution in finding contracts to be void as contrary to public policy so that the doctrine does not «unduly impinge on the basic right to enforce engagements freely and voluntarily made.»

The ability to waive an implied reasonableness term usually goes hand in hand with the contract doctrine that holds «penalties» in contracts to be void as against public policy, but upholds «liquidated damages» clauses.

Not exact matches

George Ford, chief economist for the Phoenix Center for Advanced Legal and Public Policy Studies, said EPB got the equivalent of $ 2,000 per customer in federal subsidies to build its citywide fiber optic network Ford said other government - owned utilities, such as one in Bristol, Va., have gotten $ 7,000 or more per subscriber to add telecommunications services that compete against private companies such as AT&T, Comcast and Charter Communications.

New EI policies, designed to hurt rather than help; new appeal mechanisms, rigged against claimants; and employee cuts everywhere, made without rhyme or reason across the public service, as the Parliamentary Budget Office has just reported.

They have lost the capacity to develop a middle - class narrative against the Democrats» cultural libertarianism as part of an agenda of pro-family public policy.

As for the «narrow public witness» against which John Murdock rightly cautions, I really don't think «prioritizing» equals «ignoring,» such that to prioritize the defense of religious freedom and the right to life excludes other issues from the Church's social witness and public policy advocacy.

I have myself taken part in a demonstration against a public policy that was later described by «the other side» as being violent and hateful, with the intent to intimidate the school board into breaking the law.

Seeking public demonstration or posts on Facebook as the only avenues we take against policies we disagree with is insufficient.

Various parts or implications of this position are also finding their way into a variety of pastor - oriented journals, as can be seen in Cobb's arguments against free trade in Theology and Public Policy, [5] his exchanges with Dennis P. McCann in The Christian Century over NAFTA, [6] and his debates with Robin Klay in Perspectives over GATT.

In Clegg's characterisation of not making public disagreements as the pukka thing to do, for example, he seems oblivious to how Lib Dems are going to campaign against those policies that they do disagree with when they have been silent on them for five years.

The report centred on the fact that a report produced by the think tank «Centre for policy studies» has shown it says how litigation against public bodies such as the NHS is «ingrained in the national psyche as a warped form of normal behaviour».

Schneiderman, elected in 2010 out of the state senator, had increasingly been handed a national profile in part of his push against the policies of President Donald Trump's administration as well as his public advocacy for women's issues.

While Cuomo is not accused of wrongdoing and isn't expected to testify, the charges against Percoco have damaged both his image as a reformer and one of his signature policy initiatives, the investment of billions of dollars in public money in to upstate economic development programs.

In January 2013, then the public advocate, de Blasio launched his first campaign as an outer - borough working dad and public school parent who would bring a populist, progressive fight against the policies of then - Mayor Michael Bloomberg.

A new Survation poll for Labour List of 1,037 people shows that 72 % of the public are in favour of the policy to fund the NHS to the tune of # 2.5 bn extra a year, partially using taxes against tobacco companies and mansions as well as closing loopholes.

And whilst Fianna Fail's vote had marginally recovered from their last general election collapse as a result of their own austerity policies and the catastrophic economic situation which saw the public pay the price for the bank bailouts, the population were clearly not returning in significant numbers, and on the contrary were turning against the right wing establishment parties.

Cabrera, who is a longtime foe of marriage equality and a leader in the effort that recently overturned the public schools» policy against church congregations using their space for worship services, has for years worked with the Family Research Council, an organization condemned as a hate group by the Southern Poverty Law Center.

They were asked what types of guns they owned; reasons for ownership (protection, recreation, as collector's items); their attitudes on gun policies, such as bans, arming teachers and violence against the government; and the sources of violence, ranging from God's absence in public schools to media violence to insufficient mental health screening and background checks.

No one, he said, should be «excluded or discriminated against as a result of enrollment and admissions policies at any public school, including charter public schools.»

As government forces double - down by misleading, exaggerating, and blindly promoting misguided public policies, think biblically of David against Goliath, think cinematically of Luke Skywalker against Darth Vader and the Evil Empire.

As Elizabethton Bureau Chief John Thompson reported in January, the policy says «any principal, assistant principal or teacher may use corporal punishment in a reasonable manner against any student for good cause in order to maintain discipline and order within the public schools.»

Some see the refusal to participate in SBAC testing as an act of courage and conviction; they see it as willful push - back against flawed education reform policies that since the passage of NCLB have failed to improve education in America's public schools and yet continue to be promoted by special interests who seek to profit at student, parent, and taxpayer expense.

foregoing provisions, or otherwise, the registrant has been advised that in the opinion of the Securities and Exchange Commission such indemnification is against public policy as expressed in such Act and is, therefore, unenforceable.

In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issue.

In the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issue.

For instance, campaigns directed against companies or farms known for their «humane» production policies may encounter public resistance because they seem to be going after wrong or innocent targets, especially to people who (like most consumers) are not aware of the actual regulations behind labels such as «humanely raised» or «natural».

The fracas eventually culminated in the creation of the ad - hoc organization Action Against Racism in the Arts (AARA) and ushered in an era of lively public debates about institutional racism in the art world.1 As a result of this sort of multicultural activism and affirmative action policies, elite art schools like Yale came under greater political pressure to accept students of color.

The climate science also sure is subject to severe political pressures from varying lobbyist groups, first and foremost the oil an coal interests which are huge financial powerhouses especially in the US Senate — a body which in reality dictates the whole global «climate policy» or rather the absence of any such — serious climate politicans round the globe in reality have — as we now have seen — no chance at all against the denying forces and their huge media apparatus, as long as the public don't see some very serious consequences of climate change, fx.

Public policies that protect against environmental harms are listed as a business risk, i.e. a threat to their basic business model.

The difficultiy is, of course, that since no general public was ever onsulted about bringing these organisations into existence, and since no general public ever gets any say in any of the appalling policies they emit, it's hard to see how we can get any purchase on the problem — the entire degenerate system has been set up so as to be proof against anything external which might influence it.

When government policy is built upon hyperbole as it is here in Australia the outcome can only be against the public interest.

As the public attitude turns against disposable plastics, then grocery stores, clothing companies, restaurants, schools, and hotels will start to reexamine their policies.

Contracts that violate local law are void in just about every jurisdiction, as are contracts against clearly defined public policy.

His work involved considering policy response and coverage issues as well as managing claims against (amongst others) architects, engineers, design and build contractors, surveyors, valuers, charity trustees and directors and officers of both private and public limited companies.

The court was concerned that the UK policy set the threshold so high against the applicants from the outset «that it did not allow a balancing of the competing individual and public interests and a proportionality test by the secretary of state or by the domestic courts» because the applicants had to demonstrate as a condition precedent to the application of the policy, that the deprivation of artificial insemination facilities might prevent conception altogether.

The barista claims he pursued this nuclear option only after a number of complaints from customers and after trying to confirm that he had the «power as a Starbucks employee to pull the plug,» including «asking supervisors, calling managers, and even looking through the employee handbook (which not only said nothing about this act being against policy but actually explained how to do it) before cutting the public Wi - Fi.»

In the same book, Farrow makes a number of arguments against what he refers to as the privatization of civil justice, such as the impoverishment of common law when cases are removed from the public system (this dovetails with Simpson's work), the use of a private (thus, confidential) system to circumvent public policies, public accountability, and basic notions of procedural fairness, and the shielding from the public of transactions that would not withstand public scrutiny.

Damian also undertakes other liability work for major insurers, under public liability policies, including product liability cases and claims arising out of property damage.He has considerable experience of acting in claims against Independent Financial Advisers, investment managers, accountants, actuaries and other professionals associated with the financial services sector, as well as solicitors and insurance brokers.

As a fair and transparent tendering process is essential to both the construction industry and for public procurement generally, it would seem that an exclusion clause that allows an owner to subvert the system with impunity would be against public policy.

... As a matter of public policy, we want all drivers to obey all traffic laws, not just the prohibition against following too closely.»

The Court also found that this policy discriminated against refugee claimants on the basis of national origin as it was only refugee claimants from «designated countries» who were denied all health care except care related to public health, such as infectious diseases.

the Russian subsidiary of a major Austrian construction company in the appeal before the Supreme Court against the lower court judgments refusing enforcement of the ICAC award on the grounds of public policy, as the arbitrators allegedly interpreted the underlying contract incorrectly.

Recommended by Legal 500 and Chambers & Partners as a leading junior in Education law, Holly regularly advises on the full range of public and private education law matters, including special educational needs / disability discrimination, educational negligence, Academies, further and higher education issues, local authority policy matters, claims by and against state and independent school, regulatory matters, Ofsted and the OIA.

I shall then state why, in my view, Article 28 (2) and (3) is to be interpreted as meaning that a Union citizen can not rely on the right to enhanced protection against expulsion under that provision where it is shown that that citizen derives that right from offending conduct constituting a serious disturbance of the public policy of the host Member State.

Beyond that, these restrictive procedural developments work against the effectiveness of private litigation to enforce various public policies involving such matters as civil rights, antitrust, employment discrimination, and securities regulation.

Moreover, doctrinal entrenchment is particularly problematic in the FISA courts, where secrecy and institutional context indicate that outside efforts at doctrinal reform are less likely to be effective than they are with courts that publish their opinions.35 Unlike published opinions, secret opinions can not provoke the public into lobbying for a legislative override36 or judicial overruling37 — two important paths of legal reform.38 Perhaps to hedge against the risks of limited external oversight, FISA limits FISC and Court of Review judges to non-renewable, seven - year terms, 39 a provision suggesting that Congress envisioned a FISA court whose membership would be responsive to shifting factual circumstances and policy priorities.40 Stare decisis, which requires judges to adhere to interpretations of law that they might otherwise reject as unjust or unpersuasive, constrains these judges» ability to adapt to such factual and policy shifts.