Sentences with phrase «challenging constitutional issues»

In the right case, we can even challenge constitutional issues to build a successful defence.

The lesson to be learned here, is that if the president wants to issue presidential orders with immediate and holding effect, he will have to draft them in a manner that does not impair rights across the board and challenge constitutional issues.

Not exact matches

We see waivers on a variety of policy issues to accommodate implementation challenges, state - specific statutes or constitutional requirements, or to encourage innovation and new ideas.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

Driving the issue was the constitutional challenge brought by the Connecticut Coalition for Justice in Education Funding (CCJEF), charging that the state's current school finance system is inadequate and inequitable.

This leader in antischool choice strategy describes tax credits as «bullet - proof on constitutional issues» because they have survived every legal challenge to date.

In this capacity, Mr. Geier has been responsible for developing DOT's positions in numerous Supreme Court and lower federal court cases that have included a wide range of constitutional and administrative law issues as well as regulatory challenges.

He has written extensively about electricity regulation, on issues ranging from electric vehicles to Constitutional challenges to states» energy laws.

He has a background in electricity regulation, on issues ranging from electric vehicles to constitutional challenges to states» energy laws.

The Volokh Conspiracy's Orin Kerr has issued a gentlemanly challenge to conservative commentator Hugh Hewitt to make a constitutional case for reinserting a feeding tube into the comatose Ms. Schiavo.

In this post I will focus on the competence issue by discussing the particularities of EU constitutional law and the (modest) challenge a ban on the sale of exotic imports such as seal products poses for EU legislative competence.

The government had to act in light of the controversy and Galati's challenge but it was aware of the issue and asked two former Supreme Court judges and a top constitutional scholar to weigh in.

I reproduce the speech here in its entirety, and it touches on a number of interesting issues, including the challenges of constitutional reform, changing societal values, patriation, the tensions in federalism, and the need for a constitutional Bill of Rights, a full 15 years before the Charter was enacted.

A group of six drivers who were issued penalties under the new provisions have issued a constitutional challenge of the new regime, arguing the penalties imposed (including driving prohibitions, impoundment, fines, and the requirement of an ignition interlock device) are criminal in nature and fall outside the province's jurisdiction.

In Goodwin, a group of about seven drivers, who had been issued 90 - day licence suspensions after refusing to provide samples, made a constitutional challenge against the law.

Margaret Somerville, director of the Centre for Medicine, Ethics and Law at McGill University, says she would not be surprised to see Quebec seek a constitutional challenge by arguing assisted suicide, although currently a federal criminal law matter, is a health care issue that falls under provincial jurisdiction.

My half - hearted invocation of my First Amendment rights fell on deaf ears (I figured that one month into my first job was not the best time to raise a constitutional challenge) and we dropped the issue.

The State Bar of California has looked to Jim for over 15 years to handle its most challenging cases, including those raising serious constitutional issues.

It does, however, leave the door ajar to certain other challenges, ranging from constitutional due process issues associated with the AIA and PTAB procedures, to jurisdictional issues.

The Court of Appeal noted that there was no appeal on the question of notice (at para 9), but the Minister of Justice and Solicitor General of Alberta intervened to reiterate the point that since Ernst had not filed notice of a constitutional challenge to section 43 of the ERCA, that issue should not be considered.

Because it found the courts lacked jurisdiction to decide the issue, the 1st DCA vacated the trial court's judgment as improperly entered, leaving the constitutional question open for challenge in a later case.

BLAG's zealous advocacy in support of Section 3, along with the myriad other cases winding their way through the federal courts challenging that section, convinced a majority of the Supreme Court to address the constitutional issue.

Many years ago, the Federal Circuit resolved a constitutional challenge to the system of reexamining issued patents whose validity would traditionally have been handed to a jury for resolution.

As Sam Bray argues, it logically requires (or at least permits and encourages) a district court to issue a universal injunction in every constitutional challenge to federal law.

To the extent that Palmer suggests a generally applicable proposition that legislative purpose is irrelevant in constitutional adjudication, our prior cases — as indicated in the text — are to the contrary; and, very shortly after Palmer, all Members of the Court majority in that case joined the Court's opinion in Lemon v. Kurtzman, 403 U. S. 602 (1971), which dealt with the issue of public financing for private schools and which announced, as the Court had several times before, that the validity of public aid to church - related schools includes close inquiry into the purpose of the challenged statute.

But it presents a different issue for how we determine the scope of an injunction in constitutional cases — looking not only to the parties, but also the legal rule challenged.

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.

Though not the first constitutional challenge to IPR, Oil States marks the first time the Supreme Court has confronted the issue head - on since IPR came into existence five years ago.

The most challenging case I handled involved important constitutional issues.

Justice Cromwell found that a comprehensive declaration is a more reasonable and effective means of obtaining final resolution on the issues than having individual litigants raising constitutional challenges, especially since summary convictions are not always the best place to raise a complex constitutional challenge.

Whether or not the claims in the press release are accurate, in Canada the issue will ultimately come down to whether the legislation, once passed, can withstand a constitutional challenge.

It was ruled that although the former sex worker and the lobby group lack private interest standing, they do meet the criteria for public interest standing to challenge the constitutional validity of the provisions in issue, stating:

The legal question that Mr. Charkaoui's Constitutional challenge presented was how the government should balance its responsibility to protect the safety of its citizens and to remain accountable to constitutional values and democracy.3 The security certificate provisions in the IRPA tried to balance these issues by giving the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness the authority to issue «security certificates» to detain and deport non-citizens deemed to be a danger to Constitutional challenge presented was how the government should balance its responsibility to protect the safety of its citizens and to remain accountable to constitutional values and democracy.3 The security certificate provisions in the IRPA tried to balance these issues by giving the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness the authority to issue «security certificates» to detain and deport non-citizens deemed to be a danger to constitutional values and democracy.3 The security certificate provisions in the IRPA tried to balance these issues by giving the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness the authority to issue «security certificates» to detain and deport non-citizens deemed to be a danger to public safety.

Thanks to this post by Eugene Volokh, I see that the Louisiana Supreme Court issued an interesting and important unanimous decision earlier this week upholding a state gun crime statute against a facial state constitutional challenge.

The Council's constitutional challenge to the Camden minority hiring goal must therefore be interpreted as a challenge to the State Treasurer's general power to issue affirmative action hiring goals.»

It's surprising the issue giving rise to a recent constitutional challenge to align federal and provincial laws on the eligibility of disabled adult children for child support wasn't addressed long ago, says St. Catharines family lawyer Sharon Silbert.

It's surprising the issue giving rise to a recent constitutional challenge to align federal and provincial laws on the eligibility of disabled adult children for child... Read more