Sentences with phrase «as legal grounds»

New York State's highest court, ruling on two cases in which children were allegedly misdiagnosed as retarded, last month rejected in one case the concept of «educational malpractice» as legal grounds on which to redress such plaintiffs» grievances against public agencies.

Not exact matches

February 6, 2017: News surfaces that a Syrian refugee identified as a terrorist pursues legal action against Facebook on grounds of «fake news.»

The Saxo Bank Group is obliged by law to treat personal data as confidential and may not pass on or use any personal data without valid legal grounds.

And as such, they owners have no legal grounds to force all employees to live by the religious convictions of the founders or chief executives.

The legal difference in the status of mothers and fathers could potentially be challengeable on human rights grounds — this needs to be checked as the new proposal is considered.

However, on procedural grounds, he tends to vote pro-choice on Supreme Court justices and spending issues (he is against abortions but for the government paying for them as long as they are legal).

I would argue, even ignoring all the other arguments above, that if this was the entirety of the issue with marijuana it should be made legal on the grounds that freedom of choice, even bad choices, should be favored if the harm is minor enough; as shown by our legalizing of other equally or more addictive drugs.

He defended his actions and refused to acknowledge that the prosecutors raised serious ethical questions about his activities, even as they said they did not have the legal grounds to accuse anyone of a crime.

Working as the founder and executive director of the NAACP Legal Defense and Educational Fund, Marshall was assigned to the case of The State of Connecticut vs. Joseph Spell in Bridgeport, north of his Maryland stomping grounds.

The legal grounds for divorce are listed as «irreconcilable differences.»

Education Next's legal beat columnists Martha Derthick and Josh Dunn wrote about the case as it worked its way through lower courts in Colorado, noting that a state supreme court ruling against the vouchers on Blaine Amendment grounds could open the way for a challenge to Blaine Amendments before the U.S. Supreme Court.

Academies in particular are under strain as many, some for the first time, are having to get to grips with the procurement of essential and complex services such as cleaning, grounds maintenance, HR and legal support that were previously provided by the local authority.

[viii] The Los Angeles Times (Nov. 14, 2011) described the outcome of the Compton parent trigger as «legal defeat when the petition was found lacking on largely technical grounds.»

And charters, unlike school districts, would have solid legal grounds for punishments that would truly affect students, such as physical labor / clean - up duty, loss of all field trip and extra-curricular privileges, loss of before - and after - school campus access, etc..

All of us involved in the case — recall that Jesse Rothstein and I served as the expert witnesses on behalf of the plaintiffs, and Thomas Kane of the Measures of Effective Teaching (MET) Project and John Friedman of the infamous Chetty et al. studies (see here and here) served as the expert witnesses on behalf of the defendants — knew that all of the plaintiffs» claims would be tough to win given all of the constitutional legal standards would be difficult for plaintiffs to satisfy (e.g., that evaluating teachers using their value - added scores was not «unreasonable» was difficult to prove, as it was in the Tennessee case we also fought and was then dismissed on similar grounds (see here)-RRB-.

-- The LGB has no separate legal ability to take such a decision — A decision to request that a school be moved to another MAT would normally be for the MAT directors / trustees and would have to be taken in the interests of the MAT as a whole — Normal rebrokering decisions are entirely for the RSC or for a religious authority or trustees — normally on statutory or formal contractual grounds — The individual academy is not party to the SFA — The staff of an individual academy are employed by the MAT and owe it their loyalty — Although parents and school staff might petition the RSC for the school to leave the MAT, the decision is the RSC's and, in the absence of significant performance issues, the MAT itself

I am starting of as author and beginning to write my first book.I heard someone say if writing an actual story whether it be myself and other people I really know in the book.To have everyone sign a legal document type thing by lawyer giving permission to use peoples real names.so as to avoid any lawsuit that may occur with the book.and is it best to use a pen name for myself and made up name for actual people being included in the book.what would your opinion be on legel grounds safer to use made up names.thank you

Rhode Island was unique in allowing divorce based upon other, more ambiguous grounds, as well... [as] an omnibus clause in the state's legal code authorized divorce based upon... «gross misbehavior and wickedness in either of the parties repugnant to and inconsistent with the marriage contract»... the relative vagueness of the terms «gross misbehavior and wickedness» left room for interpretation by Rhode Island judges.

If First Sale rights, or a similar legal doctrine, is recognised in case law or statute as covering ebook sales, there could be interesting consequences, particularly if DRM is also challenged on similar grounds.

If BP believes that you, or anyone using your BP Driver Rewards card or Rewards Account, has conducted any fraudulent activity, BP reserves the right to take any necessary legal action and may have grounds to confiscate any Rewards redeemed as a result of such activity.

Martin had initially claimed she lacked legal grounds to charge anyone in the puppy's case, but the DA's office said a follow - up investigation by state police found Stoltzfus openly admitted he failed to obtain veterinary care for the animal as required by law.

As a result of his having won their support, he was appointed in 1988 for a seven year term, which was renewed in 1995 and 2002, and then this year [2008] determined by them to be a permanent post because of changes in employment law — an interpretation questioned on both legal and ethical grounds by lawyer and Stuckist artist, Leo Goatley, who has written to the Culture Minister to express his concerns.

Conclusion The voting public is right to reject climate - change denialism — on scientific, economic, legal, and moral grounds — as the ideology of «gleeful yahoos who are destroying the planet, and mindless oafs who abet them.»

Maybe it's time for a letter to university counsel inquiring as to what legal grounds they are citing to refuse releasing the data.

Here, Ambrogi talks about the (failing) attempts in some US jurisdictions to shut down innovative legal companies, such as LegalZoom, on the grounds that they are engaged in the unauthorized practice of law.

The 2013 VW law judgment and Essent, even though decided on different legal grounds, both seem to move the «golden share» case law into a similar direction: in the former judgment, the Court shuns the Commission's overly expansive, instrumentalist interpretation of the application of Art 63 TFEU in the 2007 judgment, which the Commission would have liked to understand as a carte blanche for challenging all measures deviating from its preferred model of corporate governance.

The Court seems to mainly render the concept of «imperative grounds of public security» applicable here due to the particularly heinous nature of the crimes committed by Mr I, opting to leave it «open'to Member States to regard crimes as particularly threatening based on the «particular values» of their respective legal orders.

Like you, I believe that there are strategies the LSUC could pursue which would achieve their substantive goals, strategies which accurately reflect existing (and unambiguous) legal and ethical obligations and which are consistent with constitutional requirements and principles (as I've noted above, if the current requirement around a Statement of Principle merely required acknowledgement of our actual existing obligations under the Rules, rather than a general duty to promote equality, diversity and inclusion which is found nowhere in the Rules, I suspect much opposition would melt away and the LSUC would be on far stronger Charter grounds).

If your child was injured at school due to legal negligence such as faulty school equipment, lack of supervision or faculty abuse, you could have grounds for a lawsuit.

«(i) that in matters of personal conduct he would be subject to the hospital's general procedures and that in matters of professional conduct he would be subject to a procedure agreed by the Local Negotiating Committee in respect of medical practitioners; (ii) that he was accused by the Trust of personal and professional misconduct; (iii) that because of the nature of the allegations made against him he was contractually entitled to a formal disciplinary hearing by a panel which included a clinician of the same discipline as himself and a legally qualified chairman, before which he would have the benefit of legal representation, if he so wished; (iv) that the disciplinary hearing which resulted in the findings of misconduct was not conducted in accordance with the terms of his contract of employment because the panel did not include a clinician of the same discipline as himself, nor a legally qualified chairman and because his request to be allowed legal representation was refused; (iv) that following the panel's findings he was dismissed for personal and professional misconduct; (v) that if the proceedings had been carried out in accordance with his contract of employment the panel would not have found that he was guilty of personal and professional misconduct and he would not have been dismissed; (vii) that because he was dismissed on the grounds of personal and professional misconduct (including dishonesty) he has been unable to find comparable alternative employment» [at para 10]:

Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings, for the appointment / removal of arbitrators, for the exercise of judicial powers in support of arbitral proceedings, and for the correction of awards, as well as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.

O'Connell (a solicitor) characterises the division between reserved and non-reserved legal activity as going from «the completely legitimate» (probate and conveyancing) to «the utterly disgraceful», namely restrictions to rights of audience which he objects to «on moral grounds».

It examines legal translation from an interdisciplinary perspective, covering theoretical and practical grounds and linguistic as well as legal issues.

Physical and emotional injuries that are caused by another person are referred to as a personal injury and are actually grounds for legal action against the person that caused the injuries.

But I can not say that a professor who disagrees with me, who in her instruction grounds a lawyer's ethical duties in moral obligation, or who views the lawyer's decisions as properly informed by the values and norms of her community, including her religious community, fails to instruct her students in legal ethics.

If it is not fair, or if there are grounds for a wrongful dismissal case, I will evaluate this for you and help you navigate through further legal action as necessary.

As well as grounds for termination, legal counsel should provide advice to the board with regard to whether there is any possibility the CEO may claim discrimination or retaliation under harassment or whistleblower legislatioAs well as grounds for termination, legal counsel should provide advice to the board with regard to whether there is any possibility the CEO may claim discrimination or retaliation under harassment or whistleblower legislatioas grounds for termination, legal counsel should provide advice to the board with regard to whether there is any possibility the CEO may claim discrimination or retaliation under harassment or whistleblower legislation.

Legal Businessdescribes such divisions as potential «breeding grounds for fresh thinking and operational innovation».

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.

When a person suffers complications, severe health problems down the line or even death as a result of dangerous prescription medicine, the patient or surviving family members may have grounds to seek legal compensation for the damages imposed on them.

As noted above, district court local rules provide fertile grounds for a procedurally focused, Standalone E-memo assignment.111 While any number of procedural questions are possible, two are particularly well suited to this assignment: (1) describing the process for filing un-redacted documents under seal, 112 and (2) describing the timeline and procedure for objecting to a magistrate's order in a discovery dispute.113 These two legal issues work well for a couple of reasons.

The test also sets the bar higher than that for other discrimination grounds, such as the requirement to prove the complainant's «legal obligation» is engaged, and to demonstrate «self - accomod [ation]» (which also conflates the tests for discrimination and accommodation).

A school's status as a public or private institution can affect what legal grounds an injured party may have for filing a lawsuit against the school district.

One theory is that greater readability merely serves as a proxy for «better» arguments — that is, arguments that rest on stronger factual and legal grounds.113 Under this theory, one party's brief is more readable than the opposing party's brief because the first party has the stronger argument at the outset.

You have as a matter of law reasonable grounds for instituting, defending or being a party to the proceedings for which legal aid is sought

The notice of rescission should refer to the key legal grounds on which the rescission is based, and set out the rescission damages that the franchisee is seeking, broken down by legal categories as set out in the Act.

It should refer to the key legal grounds on which the notice of rescission is based, and set out the rescission damages that the franchisee is seeking, broken down by legal categories as set out in the Arthur Wishart Act.

The legal question was a short one: whether the particular grounds for admission were racially or religiously defined (or as Baroness Hale put it, whether one can discriminate without meaning to).

The respondent son moved to set aside the order on the grounds, inter alia, that he can not afford the cost of legal counsel and his mother was prepared to represent him pro bono; that his mother had acted for him throughout the prior divorce proceedings in Nova Scotia; and that his former spouse had made no attempt to remove her mother - in - law as counsel in those proceedings.

Only qualified legal representatives are eligible to receive the new fixed costs but litigants in person can use the system if they so wish; Motor Insurers» Bureau (MIB) untraceable claims, claims where the claimant or defendant is deceased, bankrupt or protected parties (other than children) will be excluded from the process on the grounds of complexity; Rehabilitation will still comprise a fundamental part of the new process; Claims valuation will not be undertaken by a computerised damages assessment tool as originally mooted.