Sentences with phrase «decisions under challenging»

Our goals will be to deepen our own understandings of educational justice, to engage with others about complex ethical judgments across multiple lines of difference, and to learn how to enhance educators» and policymakers» capacities to make ethical decisions under challenging conditions.»

R (Feakins) v. Secretary of State (CA)[2004] 1 WLR 1761 An applicant for judicial review had standing to make the application even though he had indicated he would accept the decision under challenge if he was paid a sufficient sum of money.

On the defendant's approach, once the underlying public law decision under challenge had been quashed, there could be no more legal aid provision — and that would mean that a claimant who successfully secures a quashing order would, necessarily, be denied legal aid to resist any appeal by the defendant public body.

Not exact matches

There would be little recourse to challenge such a decision under international law — the Paris Agreement has no sanctions for non-compliance.

WASHINGTON, May 1 (Reuters)- California and a group of 16 other states on Tuesday challenged the Trump administration's decision to revise strict U.S. vehicle emissions and fuel efficiency rules put in place under former President Barack Obama.

And for those with power, it's clearly useful to them to have a «zombified» society that does not challenge their decision - making under any circumstances.

I spoke briefly with Richard Lipsky, a lobbyist who represents Tuck - It - Away President Nick Sprayregen, who brought the case challenging ESDC's decision the area — including the site if his storage business — was blighted and therefore able to be siezed under eminent domain.

Gov. Andrew Cuomo in a statement Friday said he would support a legal challenge to President Donald Trump's decision to cut off a key subsidy for purchasing insurance under the Affordable Care Act.

We faced many challenges, from living and working in difficult circumstances to life - threatening, split - second decisions that had to be made under extreme pressure.

In a decision that could affect the immigration plan President Barack Obama announced on 20 November, a federal judge decided on 21 November that the Washington Alliance of Technology Workers (WashTech), an organization based in Bellevue, Washington, and affiliated with the national Communication Workers of America (CWA) union, can bring a lawsuit challenging the federal government's right to extend by executive action the authorization for foreign students to work in the United States under the Optional Practical Training (OPT) program.

And while he finds an unexpected idealism buried under layers of marketing pragmatism, the challenge is often to make the decision - makers see that while the topics they're dealing in are of epic, life - or - death, historic importance, sometimes the only way to gain majority attention is with a catchy jingle.

The lawsuit is the first of what many analysts expect will be numerous legal challenges around the country following a landmark decision in June by a California Superior Court judge who struck down the tenure system there as unconstitutional under state law, saying it unfairly saddled students in high - needs schools with low - performing teachers.

This section advises on your first step - being familiar with your school pay policy's pay progression criteria and its pay appeals procedure - and on steps to take if you decide that the policy itself should be challenged, rather than decisions made under the policy.

32 The New Hampshire Supreme Court likewise rejected the standing of petitioners challenging the state's scholarship tax credit law, ruling that they could not demonstrate any harm.33 The following year, citing the decisions in Arizona and New Hampshire, the Alabama Supreme Court also held that a «tax credit to a parent or a corporation... can not be construed as an «appropriation»» but rather such funds retain their status as private funds until they enter the public treasury.34 That view seems to be the prevailing one in courts, so with the possible exception of Michigan, where the state constitution explicitly prohibits tax benefits for religious education, tax credits should survive scrutiny under such provisions.

Staff who worked under him — including Butler and Mario Giardello — said they were included in decision - making, and staff applied their data systems to monitor students» personal stresses and intervene when challenges emerged.

• 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

It found that its holding was consistent with the Indiana Supreme Court's decision in Meredith v. Pence, 984 N.E. 2d 1213, 1221 (Ind. 2013), which upheld an education choice program against a challenge brought under the Indiana constitution's school uniformity clause, which is similar to Nevada's.

Of primary issue will be the following (as taken from Judge Smith's Summary Judgment released yesterday): «Plaintiffs [will continue to] challenge the use of EVAAS under various aspects of the Fourteenth Amendment, including: (1) procedural due process, due to lack of sufficient information to meaningfully challenge terminations based on low EVAAS scores,» and given «due process is designed to foster government decision - making that is both fair and accurate.»

Going to scale to provide equitable access to quality arts learning is a challenge even under ideal circumstances, but when faced with incomplete data about local access to arts learning, organizations can not make informed strategic decisions to address equity.

As per an email I received earlier today from Bruce (i.e., Sheri's husband / attorney who prosecuted her case), the Court otherwise «declined to make an overall ruling on the [New York growth] rating system in general because of new regulations in effect» [e.g., that the state's growth model is currently under review]... [Nontheless, t] he decision should qualify as persuasive authority for other teachers challenging growth scores throughout the County [and Country].

In the Supreme Court decision in 2009, the chief judge thought it important enough to say this ruling didn't stop people challenging fairness under Regulation 5 of the Unfair Terms in Consumer Contracts Regulations (UTCCR), which the Supreme Court case did not cover.

As well as addressing the challenges that a deteriorating world economy will bring to the travel and tourism industry, the key message in the latest UNWTO World Tourism Barometer is that times of crisis often lead to the biggest opportunities.The industry is under no illusions that the course of 2009 will enforce wide - scale strategic re-thinks and many tough decisions will have to be made.

Under the reformed process that I propose, challenges to refineries and other energy project permits must be brought before the D.C. Circuit Court of Appeals within 60 days of the issuance of a permit decision.

But what I would like to do in the forthcoming series on decision making under climate uncertainty is to explore how we might approach reframing the strategy for identifying robust policy options for dealing with climate change in the context of the broader challenges to sustainability.

This paragraph...: «But what I would like to do in the forthcoming series on decision making under climate uncertainty is to explore how we might approach reframing the strategy for identifying robust policy options for dealing with climate change in the context of the broader challenges to sustainability.»

This technical document contributes to frame the challenge of dealing with extreme weather and climate events as an issue in decision - making under uncertainty, analyzing response in the context of risk management.

This document contributes to frame the challenge of dealing with extreme weather and climate events as an issue in decision - making under uncertainty, analyzing response in the context of risk management.

Three plausible, relevant and challenging regional scenarios are presented, which provide a clear and enabling framework for decision making under deep uncertainty and a platform to guide the development and consideration of more and better -LSB-...]

On September 30, 2013, Georgia Aquarium filed a lawsuit in the US District Court for the Northern District of Georgia challenging the agency's decision under the federal Administrative Procedure Act as contrary to the MMPA and its implementing regulations and as arbitrary and capricious.

The groups are challenging EPA's decision to approve a federal implementation plan for emissions of haze - forming pollutants from the Danskammer coal - fired power plant under the Clean Air Act's regional haze rule.

As the Bill stands there will be many more areas for exercise of discretion by C - MEC and the decision - making process is likely to be under frequent challenge: circumstances for value judgment by civil servants are rife.

Ireland argued that Mr Pringle was precluded from requesting a preliminary reference on the basis that the correct avenue to challenge the Decision was an action for annulment under Article 263 TFEU.

The court considered that the challenge failed under its own terms as the challenging party did not suggest that the decision was outside the scope of the arbitration agreement, but rather that it disagreed with the «basis and reasons for the decision».

Summary: A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not...

The decision of the Court of Appeal brings to an end a long - running case which originally disposed of a challenge to the independence of the Parking Adjudicator under Article 6 ECHR.

The claimants did not challenge the decision to nationalise itself, rather the provisions of the compensation scheme which, they contended, breached their right to property under Art 1 of the First Protocol to the European Convention on Human Rights.

This is where it starts to get even trickier, prompting Zwillinger's references to Santa Claus and blind faith: «[A] decision by a provider to challenge must be made alone, under acute time pressure, with sensitivity to what's at stake, with little context and while under a gag order.»

This creates a potential problem for litigating states challenging the use of enhanced cooperation in situations where the authorization decision has been adopted but the legislative act is still under negotiation.

The case concerned a compromise under Part 14 of the Companies Act 1993 that was set aside by the High Court on the basis that the challenging creditors, who had voted against the compromise, had been unfairly prejudiced by the decision to call only one meeting of creditors.

In particular, this judgment from the jurisdiction's apex court has clarified definitively the limits of an enforcing Court's power to order security as a condition on the right to have a decision of a properly arguable challenge under the New York Convention 1958 and the English Arbitration Act 1996.

Readers will gain an appreciation of what a long and arduous struggle is entailed in raising a Charter challenge, involving decisions by three levels of court, over a period of many years, culminating in Vriend in a ringing affirmation of the existence of gay and lesbian rights under s. 15 — the equality rights provision.

Bindmans represented 25 firms that challenged the government's decisions under procurement law.

He was one of the first practitioners to challenge decisions under the Points Based System and has a detailed understanding of its operation and how it affects his clients.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

The classic case is that of Anisminic v Foreign Compensation Commission in which the House of Lords made it plain that errors of process and substantive errors that failed to match administrative law standards were reviewable notwithstanding a privative clause in the statute that conferred the decision - making power under challenge.

In two decisions, the Canadian Human Rights Tribunal dismissed the complaints for lack of jurisdiction, and concluded such a challenge may only be brought under s. 15 of the Canadian Charter of Rights and Freedoms and therefore must be made to a court of law.

He recently represented the Retirement Plan for Chicago Transit Authority Employees in the Supreme Court of Illinois in the Matthews case, which challenged the constitutionality, under the Illinois State Constitution, of the CTA's pension reform agreement with its unions (decision pending).

This sort of approach, with its openness to reasoning by incorporation, makes it very tough to challenge arbitral decisions under Newfoundland Nurses.

As a pupil, Zac was also involved in: R (on the application of RWE Generation UK Plc) v Gas and Electricity Markets Authority [2016] 1 CMLR 17, a challenge against a decision modifying the charges imposed on users of the National Grid (as a pupil assisting Gerard Rothschild); Speed Medical Examination Services Ltd v Secretary of State for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling whiplash claims (as a pupil assisting Gerard Rothschild); and an application for interim relief by a company that had been redesignated under a European Union sanctions regime (as a pupil assisting Maya Lester).

The March 13 decision by Justice Garth Malakoe of the Territorial Court of the Northwest Territories challenges 2010 rules brought in under the Truth in Sentencing Act.