Sentences with phrase «constitutional protections in»

The Supreme Court could rely on a variety of constitutional protections in affirming a constitutional right to education.
[82]... The centrality to the administration of justice of preventing misuse of the client's confidential information, reflected in solicitor - client privilege, led the Court to conclude that the privilege required constitutional protection in the context of law office searches and seizures: see Lavallee.

Not exact matches

Danielle Keats Citron, a law professor at the University of Maryland, states in the New York Times, «Hateful, offensive and distasteful ideas enjoy constitutional protection
Since his last re-election, Clarke has openly supported Republican causes on local and national right - wing media outlets; proudly trumpets on official Milwaukee County letterhead his 2013 award from the Constitutional Sheriffs and Peace Officers Association, whose leader suggested using women and children as human shields during Nevada rancher Cliven Bundy's standoff with federal agents; accused Milwaukee County Executive Chris Abele of having «penis envy» and being on heroin when crafting the county budget and needing to be drug tested; blasted Milwaukee County District Attorney John Chisholm and Chief Judge Jeffrey Kremers for being «soft on crime»; provided minimal protection for President Obama during his 2012 visit; employs former Scott Walker spokeswoman Fran McLaughlin, who was given criminal immunity over her role in Walker's mixing of campaign and county business; and created pro-gun public service announcements.
In Mugler v. Kansas, it declared that confiscating liquor without compensation did not violate the Fourteenth Amendment's guarantee of due process because liquor was inherently «noxious» and therefore not subject to constitutional protection.
And, of course, their application is in any case rightly limited by constitutional protections.
When any religion, in this case islam, espouses ideas that are in direct conflict with the Constitution and openly work to impose an alien political / religious system called sharia on the United States, at some point the right to claim constitutional protection is lost.
Its curators» decisions to display particular objects, such as the Artifact, in the Museum are not state actions to which Constitutional protections apply.»
In the same documents, the museum argues that even if constitutional protections apply, «there is no legal authority for the proposition that a museum is prohibited from displaying an item with historical, cultural or artistic significance merely because that item also has religious significance.»
This is a statement that draws a line in the sand, determining who receives the privilege of Constitutional protection and who does not.
Mormon polygamy was outlawed in this country, despite the constitutional protection of freedom of religion, because it violated the sensibilities of the dominant Christian culture, even though no explicit biblical prohibition against polygamy exists.
The decision on Friday will open marriage legally in the remaining fourteen states, and will give new legal protection for those who got married under court rulings that actually could not be considered truly final until the Supreme Court itself had decided the constitutional question.
In the ruling, Judge Andrew Goodman wrote that the agency violated the family's religious protections and ordered them to remove the fostering ban from their file: «Their constitutional rights of freedom of religion and freedom of expression have been infringed and must be remedied in a manner that is appropriate and just in the circumstanceIn the ruling, Judge Andrew Goodman wrote that the agency violated the family's religious protections and ordered them to remove the fostering ban from their file: «Their constitutional rights of freedom of religion and freedom of expression have been infringed and must be remedied in a manner that is appropriate and just in the circumstancein a manner that is appropriate and just in the circumstancein the circumstances.
«We're a long way from pastors being forced to perform civil ceremonies, and there are strong constitutional protections already in place that would prevent that from happening,» he said.
Despite our constitutional protection of freedom of speech and despite our vaunted openness, we do not now enjoy a climate of opinion that encourages us to improve our opinions, or to replace them with knowledge or truth — partly because we have become too sophisticated to believe that there are any truths about this subject, separate, of course, from the ones which those in power allegedly «construct.»
In a historic turn of events, a federal appeals panel in San Francisco ruled Tuesday that California's ban on same - sex marriage violates the constitutional right to equal protectioIn a historic turn of events, a federal appeals panel in San Francisco ruled Tuesday that California's ban on same - sex marriage violates the constitutional right to equal protectioin San Francisco ruled Tuesday that California's ban on same - sex marriage violates the constitutional right to equal protection.
The criminal code bill, which the parliament approved in August and President Bidhya Devi Bhandari signed last Monday, establishes further constitutional protections for Hinduism (which 80 % of the population practices) by restricting religious conversion and «hurting of religious sentiment,» or blasphemy.
My thoughts about the protection of constitutional rights are always accompanied by my thoughts of protecting the young people in my neighborhood.
that there should be constitutional recognition and protection of religious life in society.
Having referred to the constitutional protection given in earlier cases to «personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education,» the opinion stated:
In March, when I first wrote about how the biotech rider — called the Monsanto Protection Act by its vocal opponents — undercut the constitutional concept of separation of powers, it seemed hardly anyone (other than the usual advocacy groups) was paying attention.
To retaliate in such a brutal fashion against people exercising their constitutional right to band together for mutual aid and protection is an assault on all of us.
The requirement to recertify a union yearly with an absolute majority — 51 % of all bargaining unit members — is in violation of the constitutional protections of Free Speech and Equal Protection
But now the law has been federally enshrined by the Securing the Protection of our Enduring and Established Constitutional Heritage Act, otherwise known as the Speech Act and Rory's help is getting serious recognition in the new book, «You Can't Read This Book: Censorship in an Age of Freedom.»
It will provide alternative source of funding for the Nigeria Police Force for the training and retraining of Police personnel, provide the much needed equipment and machineries to improve on Police welfare and efficiency in the discharge of our Constitutional functions of protection of live and property.
The rights and protections afforded in the NYS Constitution can not be rolled back, and a constitutional convention would open up that possibility.
«The Constitutional protections afforded the freedom to engage in association by the Independence Party and the Independent Democratic Conference for the advancement of beliefs and ideas through freedom of speech is a core value established by the First Amendment.
91 Per David Lammy MP (Parliamentary Under - Secretary of State for Constitutional Affairs): «The protection has been given to the Church in Wales, at its request, but the Church of England has said clearly that it does not want it.»
«Consequently, any individual or group of persons who engage in any act of sabotage to the nation's strategic assets will face the full weight of the law as the military and other security agencies will ensure total protection of such facilities wherever they are in line with our constitutional mandate.
Normally, that by itself, should shield any one of the states which enacted Traditional Marriage protections against interlopers entering the state and demanding that their fake Sodomite «marriage» be recognized as valid, but in this day and age of a runaway judiciary, it is best that we somehow pass a Constitutional Amendment defining Traditional Marriage and / or slapping the hands of rogue jurists away from the issue altogether.
Cuomo says the proposed constitutional amendment still does not offer enough protections for the drawing of non partisan lines in the future, and he's counting on a yet to be settled accompanying statute to clarify that.
The suits claim the state violated CSEA - represented employees» constitutional rights to freedom of speech, freedom of association, due process and equal protection of the law when, during contract negotiations, it threatened to and did in fact, lay off CSEA represented workers, while sparing all management employees and political appointees.
«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.
«An act to provide for the implementation of the constitutional rights to information held by a public institution subject to the exemptions that are necessary and consistent with the protection of the public interest in a democratic society to foster a culture of transparency and accountability in public affairs and to provide for related matters», the Deputy Attorney General submitted.
New York Governor Andrew Cuomo told a crowd of cheering Planned Parenthood advocates that he's proposing a constitutional Amendment to put the protections in the Supreme Court decision Roe v. Wade into the state's constitution.
However, those behind nypeoplesconvention.org — led by the good - government group Effective NY — say there is no risk to constitutional labor protections in holding a convention, and other issues supported by unions could be addressed through the amendment process.
Lawmakers also said Cuomo is violating the constitutional protection of separation of powers by investigating lawmakers through campaign filings they made to the Board of Elections, which is in the executive branch.
In the corridors of power even previously sceptical Tories are also muttering that a proper federal, constitutional settlement for the UK could yet be done — incorporating an EVEL (English votes for English laws) solution alongside some hardwired protections for Scotland.
Removing tolls that are not revenue neutral violates the existing bond covenants and would negatively impact the authority's bondholders in violation of statutory and constitutional protections.
Bernstein's legal costs are being underwritten by the Electronic Frontier Foundation, a group based in Washington DC, which campaigns for the extension of constitutional protection to the Internet.
«Faculty at private colleges and universities lack the constitutional protection of free expression in their workplace because the First Amendment doesn't cover speech at work for private institutions,» he said.
It should be noted that the «thaw without transfer» provision for non-transferred embryos permitted in the UK can not be easily adopted in Ireland, due Medical Council guidelines and the unresolved question of Constitutional protection of the unborn as contained in Article 40.3.3.
In Illinois, another state with a constitutional protection for government - worker pensions, the governor recently signed legislation that would raise the retirement age for mid-career workers and reduce cost - of - living adjustments for all workers who have not yet retired.
And finally, the court noted, «it is not the province of this Court to create substantive constitutional rights in the name of guaranteeing equal protection of the laws.»
In a big victory for gay rights, the U.S. Supreme Court last week struck down a Colorado constitutional amendment that invalidated state and local legal protections for homosexuals.
Because states like Illinois have constitutional protections that lock in benefits for existing workers, the only way for state and local governments to address funding problems is to target new workers.
His books include The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press.
In a lawsuit filed in federal court earlier this month, a group of teachers who do not instruct math or English - but nonetheless are being evaluated on those scores - have challenged the system on constitutional grounds of due process and equal protectioIn a lawsuit filed in federal court earlier this month, a group of teachers who do not instruct math or English - but nonetheless are being evaluated on those scores - have challenged the system on constitutional grounds of due process and equal protectioin federal court earlier this month, a group of teachers who do not instruct math or English - but nonetheless are being evaluated on those scores - have challenged the system on constitutional grounds of due process and equal protection.
It was timely, then, when in 2014 Campbell Brown and the Partnership for Educational Justice brought a suit called Wright v. New York that «was inspired by a California court decision a few months earlier, when a judge ruled the state's tenure protections denied California's students their constitutional right to a sound and basic education.»
The suit, modeled on the successful Vergara v. California lawsuit in California, argues that those protections are depriving pupils of their constitutional right in New York to a «sound basic education» because they make it nearly impossible to fire an ineffective or incompetent teacher.
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