Sentences with phrase «clearer legislative language»

Obviously, clear legislative language is such a factor and can rebut the presumption of expertise.

[52] In sum, the Court finds that, absent clear legislative language prohibiting class action waivers, it must give effect to the parties» agreement to arbitrate.

Not exact matches

Also, due to an odd quirk in the legislative language, it isn't clear that an in - plan Roth conversion starts the five - year clock that has to expire before you can take qualified distributions.

Justice Stratas indicates, in the spirit of this article, that legislative words matter and that there are many contextual factors which might provide that a presumption of deferential review (or reasonableness, whatever we want to call it), is rebutted, and a narrower margin must be accepted: for example, «statutory recipes that must be followed,» statutory purposes, settled case law, discretionary decisions, and importantly, clear statutory language.

The point is that the presumption of expertise should be rebuttable with clear legislative intent in the form of statutory language.

Solicitor - client privilege can not be set aside by inference but only by legislative language that is clear, explicit and unequivocal.