• The Advisory Committee's recommendation to permit concurrent representation of two or more clients with
competing interests requires greater elaboration to develop appropriate limits and safeguards.
To discover an answer and then implement it among
competing interests requires moral imagination, technical ingenuity and political skill.
Not exact matches
How, given the
competing interests, were these board members able to exercise the duty of loyalty
required of them?
The new bill repackages Section 106 of the America
COMPETES Reauthorization Act of 2015 (H.R. 1806), which would
require NSF to tell the public why every award is «in the national
interest.»
Race to the Top began in 2009,
requiring states
interested in
competing for a slice of $ 4.35 billion in stimulus money to prepare plans that satisfied the Obama administration's education - reform criteria, which include the growth of charter schools and linking student standardized test scores to teacher evaluations.
Charter authorizing is complex work,
requiring constant balancing of diverse and often
competing interests.
As things stand, those Board members do not even bother to make
required filings covering the conflicts of
interest they have, like being an officer or director of a
competing business regulated by the Board.
The Employee Retirement Income Security Act (ERISA)
requires trustees to be prudent in making investment choices for their 401 (k) clients, yet mutual fund trustees have a
competing interest to maximize investments in their own proprietary funds.
True prevention efforts
require us to be out in the community, engaging with people and organizations of parallel and
competing interests, vaccinating and sterilizing every cat we can reach in a targeted, strategic and effective manner.
Reviewers will be
required to declare to the Editors their affiliations, qualifications, and any
competing interests that might relate to the subject they are reviewing.
Obama is, unlike certain other presidents, smart enough to know that science is complicated and that policy
requires competing interests and compromise.
Nature: In the
interests of transparency and to help readers to form their own judgements of potential bias, Nature journals
require authors to declare to the editors any
competing financial
interests in relation to the work described.
This ruling
required trial courts faced with a motion for temporary restraining order seeking to restrain a former employee from
competing to focus on what
interest an employer is seeking to protect and whether that
interest is sufficiently clear at a preliminary stage such that a TRO is justified.
In Ryan v. Moore, however, the Supreme Court said that a thorough balancing of
competing interests is
required.
[57] The information sought by the defence in this case may have significant probative value in relation to the plaintiff's past and future wage loss, and the value of production is not outweighed by
competing interests such as confidentiality and the time and expense
required for the party to produce the documents.
The court has used its discretion to deny an application for the production of documents in the following two circumstances: firstly, where thousands of documents of only possible relevance are in question; and secondly, where the documents sought do not have significant probative value and the value of production is outweighed by
competing interests such as confidentiality and time and expense
required for the party to produce the documents: Park at para. 15.
Nonetheless, it held that the Immigration Rules are compatible with ECHR, art 8 in this respect, as this provision
requires there to be a fair balance struck between
competing public and individual
interests involved, applying a proportionality test, and the policies adopted by the Secretary of State are within the margin of appreciation.
«Ultimately, what is
required... is a balancing of the
competing interests at stake in the particular circumstances of the case.»
The Grand Chamber conceded that more than half of the member states permitted conjugal visits for prisoners thereby arguably, obviating the need for the authorities to provide additional facilities for artificial insemination, but that ultimately the UK policy as structured «effectively excluded any real weighing of the
competing individual and public
interests, and prevented the
required assessment of the proportionality of a restriction, in any individual case».
Our Court admonished, «The judge is
required to weigh
competing interests to ensure the truth of a matter is brought to light and justice to all parties before the court is served.»
It is important to note that in 1987, the Supreme Court of Canada decided three cases (referred to as the Labour Trilogy) in which it ruled that there was no constitutional right to strike since that right is a «creation of legislation, involving a balance of
competing interests in a field which has been recognized by the courts as
requiring a specialized expertise.»
The relevant case law makes it clear that in applying the principles, a case by case approach is
required, balancing
competing rights and
interests on the basis of the particular facts of each case.
To come within such exception, a defendant must demonstrate that «on balance, a
competing public
interest outweighs the public
interest in encouraging settlement».6 As such, a
competing public
interest is
required to vitiate the prejudice - free arena which is afforded by Pierringer Agreements; and moreover, such public
interest must outweigh the benefits of encouraging settlement.
Through the presentation of scenarios that
require the choice between
competing interests or courses of action, I hope to solicit a discussion about what the participants consider ethical challenges, what behaviours they view as unethical, and their corresponding decision - making process.
It
requires a consideration of
competing interests including the
interests of public safety, the accused and the victim.
In permitting specific uses and disclosures that are not
required by law, we have considered the individual privacy
interests at stake in each area and crafted conditions or limitations in each identified area as appropriate to balance the
competing public purposes and individual privacy needs.
The court considered that even if the applicants» Art 8 complaint was before the secretary of state and the Court of Appeal, the policy set the threshold so high against them 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 in their case, as
required by the Convention.
Pure, or idealized, freedom is unrestrained; practical freedom
requires balancing
competing interests and rights.
It considered that the policy as structured effectively excluded any real weighing of the
competing individual and public
interests, and prevented the
required assessment of the proportionality of a restriction, in any individual case.
Your job is to build consensus, and that
requires you to balance
competing interest; to recognize that you are now working from a larger landscape; and to always appear resolutely
interested in serving the best
interests of the entire firm.
At the subsequent hearing the court tackled this uncommon scenario, noting that it
required the balancing of two
competing rights and
interests: the autonomy of the parents to make access decisions, versus the access rights of a person who has formed a settled intention to treat a child as if they were part of his or her own family.
Charged with the intellectual and emotional development of children and adolescents, educators are often
required to balance
competing interests, such as modifying inappropriate behaviors while simultaneously maintaining students» levels -LSB-...]
This
requires the balancing of
competing interests and can not be as «simple» as this post suggests.
This would
require a change in representative capacity to eliminate this conflict of
interest since the brokerage is legally unable to provide sole agency representation to parties on
competing sides of a transaction.
The designated agents are able to fully represent the
interests of their respective buyer clients, while the brokerage must treat the
interests of the
competing clients in an even handed, objective and impartial manner, and not disclose any confidential information concerning any of the clients to any other person unless authorized to do so by the client or
required by law.