Sentences with phrase «case as a legislature»

Not exact matches

Again, the court's errors in such cases are difficult to correct, whereas leaving decisions to various legislatures allows for varying solutions and ongoing debate: states can serve as «laboratories of experiment,» in the words of Justice Louis Brandeis.

The gentlemen of the legislature, to whom she directed the report squirmed as she cited case after case of persons chained naked and beaten into obedience with rods.

In some instances the divestment has taken place voluntarily; in others, as in the case of Nebraska, it has required an act of the state legislature.

The statue sought to treat graphic interactive violence as a type of obscenity, but Scalia would have none of it, writing, «Our cases have been clear that the obscenity exception to the First Amendment does not cover whatever a legislature finds shocking, but only depictions of «sexual conduct.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress

On Tuesday afternoon, a spokesman for the governor indicated that Cuomo is now looking more broadly at revising procurement contracts in New York State, and going beyond the scandal in the executive chamber to address problems highlighted in recent corruption cases in the legislature as well.

Mr. Bharara subpoenaed the files from the Moreland Commission — which Mr. Cuomo abruptly scuttled as part of a budget deal with the legislature — and used Mr. Silver's non-cooperation with the panel to help build his case against the former speaker, who was forced to resign his powerful perch in February.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

«As we expect more of these cases to come up, I want to assure us that there is no rift between the legislature and the executive.

That change perhaps allowed Pataki to score a victory in a struggle for power with the legislature over the state budget, when the governor won in case known as Pataki v Silver.

The President said the judiciary was his problem, while the legislature holds the judiciary in disdain, even as lawyers who lose their cases condemn the Bench.

This approach positions the Library well to make the case for future support from the legislature and the County Executive as additional help will be needed in 2010 and beyond.

As noted earlier, on October 7, the Ohio legislature asked to intervene in Libertarian Party of Ohio v Husted, the ballot access case.

In the latter case, as Ms. Schmickle notes, there's unlikely to be enough votes in the legislature to override a veto but there is consistent support for such research among the general population (as high as 2 - to - 1 depending on the poll) and particularly among those oh - so - important «moderates» that Senator McCain is going to need to have a chance at winning in November.

A settlement between the state and New York City would be difficult enough by itself, sources in the state capital have said, but the lingering possibility that most other school districts outside the city would be able to use the case as a precedent for their own adequacy lawsuits made it impossible for the legislature to cough up the money without a fight.

But as reported in yesterday's CT Mirror, «The state's top attorneys Monday asked a Superior Court judge to dismiss the [CCJEF v. Rell] case and give the education reforms passed by the legislature last year «at least three years» to be implemented.»

The uproar over the murders of black men such as Michael Brown and Eric Garner by police officers are leading criminal justice reform advocates to push legislatures and governors to enact new policies, including the creation of independent prosecutors for cases involving cops as well as the rewrite of use - of - force laws that allow rogue cops to get off scot - free.

«Those who really want to end public education as we have it now are now poised to move on different state legislatures with ESA laws similar to Nevada,» said David Sciarra, the executive director of the Education Law Center, a New Jersey group that advocates for equitable school funding and helped organize the legal case against Nevada's voucher program.

Employers running credit checks on job applicants must tread carefully — The screening tool is increasingly seen as unfair by state legislatures, though they may make sense in some cases... (See Credit checks)

I chose this post as the +1 because I think it's important for people to realize just how little support for singling out breeds there is — in this case, exactly zero support within the Maryland legislature.

My very quick look at the cases suggests that the Court picked up the «public use» element as a requirement for a taking back in the days when the Justices limited the legislature's authority to the «police power»; the idea is that a taking has to be a public use for it to fall within the police power.

The appeals court in the Gove case held that a parent places their physical, mental, and psychological condition before the court when they participate in a child custody case as a result of the legislature specifically including the parties» mental and physical health as an issue the court is required to consider.

The legislature still has not passed a bill to ease the cap in cases of «gross negligence,» as with the Hep C scandal.

Proposed laws get a lot of screens, though their application is subject to the political process: public servants in the in - house policy development process, political staff ditto, professional drafters, Cabinet, then members of the legislature and in many cases legislative committeed with witnesses who may well be experts (and who often claim to be)-- and then consultations with experts as regulations are drafted.

The case is an important reminder of the legislature's intent when the statute was amended in 1988, and a reminder as well that in any proceeding commenced in any court, commission or agency, the judge should admit properly certified medical reports.

In all Pennsylvania cases other than the 1803 Addison case, state legislators have consistently agreed that simply allowing a «bad» act to serve as the basis for a judge's removal, with no evidence of malicious intent, would allow the legislature to remove any judges with whose decisions it disagreed.

Using a law known as a statute of limitations, the legislature controls when a case can be brought to court.

As compared to the provision that was before the Supreme Court of Canada in the Tse case, Bill C - 55 restricts the persons who may use warrantless wiretaps, implements a requirement that notice be given to persons subject to a wiretap, and mandates an annual report to Parliament and the provincial legislatures.

At issue in this latest case was the Official Code of Georgia Annotated, which is designated by the Georgia legislature as the official version of the state's laws.

The state legislature intended for insurers to strictly comply with the terms of the statute, as was established in the 1991 Maine Supreme Judicial Court case of Me.

As one of the stated goals of the amendment was to reduce auto insurance costs within two years, the Court inferred that the legislature must have intended for the law to apply retrospectively to cases already in the system.

As in civil cases, it is the legislature that makes an expert opinion mandatory in certain cases: to determine the existence of a mental disorder which would give the perpetrator diminished criminal responsibility (Bulgaria, Hungary or Poland), in order to determine the causes of a victim's death (Czech Republic and Latvia) or when immediate hospitalisation is contemplated (Hungary).

We know that the legislature's role is to write the laws and that judges are to interpret that legislation as applied to facts in the case before them.

The Court may see more constitutional challenges such as the Article 50 case, Miller; judicial reviews of Henry VIII powers; challenges from the devolved legislatures; and issues that arise because of Brexit but have nothing to do with EU law.

Cases decided under the Code before it was amended to limit the undue hardship factors to costs, health and safety and outside sources of funding, such as Roosma v. Ford Motor Co. of Canada (No. 4), (1995), 24 C.H.R.R. D / 89 and Ontario (Human Rights Commission) v. Roosma, 2002 CanLII 15946 (ON SCDC), do not reflect the legislature's later decision to expressly limit the undue hardship factors.

The CCC's judgment contained other problematic elements which I did not have space to deal with (such as declaring the statute adopted by the legislature in response to the Landtová ruling «obsolete», since the CCC did not have the competence to annul it in this case) and these will have to be discussed by the relevant actors.

In this case, we tend to think of legal information as the products that our courts, legislatures, and administrative offices produce that guide our society on issues ranging from basic rights and wrongs, to how we conduct business in a uniform way.

And regardless of whether medical self - defense should be recognized as a constitutional right, the arguments given above should offer a strong moral case for the legislature's respecting such a right.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

The BC experience raise the obvious problem that it's the police — not the legislature — which is making criminal law policy (as opposed to exercising their discretion on a case - by - case basis).

MINNESOTA GOVERNOR»S «VETO TRIPLE - PLAY» Though voters last year sent new, reform - minded majorities to both bodies of the state legislature, Gov. Mark Dayton, a loyal servant of the plaintiffs» bar, vetoed bills that would have limited property owners» liability for trespassers» injuries, lowered the prejudgment interest rate and allowed defendants in auto - accident cases to adduce evidence as to whether plaintiffs were wearing their seatbelts.

If any act of Congress or of the legislature of a state violates those constitutional provisions, it is unquestionably void, though I admit that as the authority to declare it void is of a delicate and awful nature, the court will never resort to that authority but in a clear and urgent case.

Though voters last year sent new, reform - minded majorities to both bodies of the state legislature, Gov. Mark Dayton, a loyal servant of the plaintiffs» bar, vetoed bills that would have limited property owners» liability for trespassers» injuries, lowered the prejudgment interest rate and allowed defendants in auto - accident cases to adduce evidence as to whether plaintiffs were wearing their seatbelts.

Lay persons as well as lawyers were appointed by the court in cases to protect those the court or legislature deemed could not protect themselves...

With the disparate provincial legislatures being responsible for standards within our industry, it makes one wonder how it is that transitory elected officials (who often come and go as the case may be from election to election) with short - term agendas (aimed at the next election) are the people who set standards for a business environment so critical to the long - term economic well - being of our national society.