The suit will almost surely raise
constitutional issues concerning state power and patents but, for now, businesses will welcome a big new ally in the fight against patent trolls; others include Google (s goog) and patent scholars like Mark Lemley and Brian Love.
The generality of the language contained in the Birmingham parade ordinance upon which the injunction was based would unquestionably raise substantial
constitutional issues concerning some of its provisions.
So what started out as a scientific issue concerning a proposed Endangerment Finding has now escalated into a major legal and even
Constitutional issue concerning Presidential powers.
Not exact matches
In developing his notion of «curricular neutrality,» Nord takes on
issues of linguistics and philosophy, but his main
concern is the
constitutional law produced by the Supreme Court's decisions on church and state.
Each
concerned a growingly contentious
issue in politics, each sought to take it out of politics by deciding it judicially on
constitutional grounds, and each did so by basing the decision on the due process clause of the Constitution.
The whole affair has raised major
concerns about the way political parties are funded, and the
constitutional affairs committee is one of a number of bodies looking at the
issue.
There are three proposals on the ballot, and advocates are
concerned that controversy stemming from Proposal 1 — if the state should convene a
constitutional convention — will cause voters to conflate the two
issues.
«The fact finder in this case would be a judge who would be able to see, either through a press release or a newspaper article, YouTube, social media, is going to be able to see a video... that could, in fact, affect our client's ability to a fair trial and open a whole slew of
issues, if it's released,
concerning her own
constitutional protections,» O'Connor said.
Despite
concerns about the impact of Amendment 1, a restrictive budget and spending
constitutional amendment adopted by voters last fall, the finance
issue turned out to be less contentious than in recent years in the legislature.
But Eddy County Judge Richard Parsons ruled Feb. 1 that the districts»
concerns do not rise to a
constitutional issue and should be resolved by state lawmakers rather than by the courts.
Though Baby Girl didn't reach
constitutional issues, the majority said that if ICWA can disrupt an otherwise settled adoption «solely because an ancestor — even a remote one — was an Indian,» that «would raise equal protection
concerns.»
His broad appellate practice includes extensive experience in
constitutional matters and business
issues, with notable recent activity in disputes
concerning contractual arbitration provisions.
Donate to the American
Constitutional Society, which has already expressed concern on a number of Trump - related constitutional issues, particularly relating to the Muslim ban and free speech / freedom
Constitutional Society, which has already expressed
concern on a number of Trump - related
constitutional issues, particularly relating to the Muslim ban and free speech / freedom
constitutional issues, particularly relating to the Muslim ban and free speech / freedom of the press.
Best as I can tell, his only academic writings
concern issues related to criminal
constitutional and procedural law.
While the
issues concerning «Occupy The Courts» are big, public,
constitutional questions, this is no less true of private civil disputes.
To the surprise of many observers, including, presumably, the petitioner and respondent in Executive Benefits, whose Supreme Court briefing focused, for the most part, on the
issue of consent, the Supreme Court chose not to address the question of whether a party's consent to bankruptcy court adjudication on a Stern Claim may operate to effectively negate any
constitutional concerns.
Many advocates and scholars are discussing the
Constitutional problems with this massive surveillance of the general public, but attorneys have another potential
concern — the ethical
issues that may arise with the knowledge that details of their attorney - client communications are in the hands of the government.
An accused has a
constitutional right to a fair trial and may raise
concerns about race and discrimination if they identify it as an
issue in their case.
The appeal
concerned two important
issues: firstly, whether a judge appointed for a short renewable term had security of tenure sufficient to satisfy the
constitutional guarantee of an independent and impartial court, and secondly whether the decision to try the case by judge alone was to be decided on the criminal standard of proof.
Prof. Smith's
concerns about renewable terms point to the central
constitutional issue raised by our expert witnesses: whether Bill S - 4 can be enacted exclusively by Parliament, or also requires agreement by at least seven provincial legislatures representing at least 50 % of the population of all the provinces.
The key
constitutional issue in this regard was therefore always going to
concern the degree of oversight and control exercisable by Parliament over the exercise of these powers.
The conference will take up such
issues as the nature of domestic and international crimes committed; which high - level Bush officials, including Federal judges and Members of Congress, are chargeable with war crimes; which foreign and domestic tribunals can be used to prosecute them; and the setting up of an umbrella coordinating committee with representatives of legal groups
concerned about the war crimes such as the Center for
Constitutional Rights, ACLU, among others.
The district court and the First Circuit both declined to
issue a preliminary injunction, citing the timing
concerns and the imminence of the event as a basis for being unable to fully perform a time - place - manner
constitutional analysis and for not being able to grant an injunction that would ot leave the city sufficient time to draft replacement regulations.
In recent years, change in the Canadian legal landscape has been fuelled by two dominant factors: first, the growing influence of
constitutional concerns, including federal / provincial division of powers
issues and a variety of matters arising from the Charter of Rights and Freedoms, and second, the burgeoning number and power of Charter - oriented administrative tribunals that play an increasingly influential role in our complicated, interest - based society.
While the
issue is pitched as one of statutory interpretation, substantial
constitutional concerns lurk just beneath the surface.