Sentences with phrase «deference if»

Applying a Chevron deference analysis, the majority reasoned that an agency regulation interpreting an ambiguous statute is entitled to deference if:

However, if statutory language is the focus, expertise can be a supporting justification for deference if represented in statutory language.

Lazarus pointed to Brett Kavanaugh, a conservative judge on the U.S. Court of Appeals for the District of Columbia Circuit, as an example of a jurist who «is not ready to give EPA a lot of deference if they're taking language which was crafted at one time and trying to push it at the edges to deal with a problem of another time, like climate change.»

Not exact matches

If there's perhaps one thing on which Christians and Atheists agree, it's that Islam should receive no special treatment, respect, or deference.

• Would the governing board understand if, in deference to the importance of the church year, Memorial Day, Labor Day, Mother's Day, and Father's Day were no longer celebrated?

If I trust your personal authority, then my deference or privileging is undemocratic.

we have great fire power with probably the 2nd best creative attacking midfield in the EPL now the problem is that if we get congested in every game just outside the oppositions box there is no way we can score goals with 15 to 18 players in and around you, we need to change the way we play we can not play the million passing the ball game outside the box, we have to draw out the opposition to half way to be able to get behind their deference

if he ai nt learn by now that charging into 50/50 whrn its not necessary will get u months out then he's stupid... there's a deference in talking and being careless... he can still keep his aggressive style bit sometime u just got ta say ok... I wont with that 50/50 but imo win this second ball tho... him running into mcneir was reckless it brought us nothing yes it was a good tackle but he asked for that....

But she said it means nothing if the NYPD and Mayor de Blasio fail to act in deference to a seemingly stalled federal investigation.

If the Akufo Addo / Bawumia ticket fails to win in December, Bawumia may no longer be owed the automatic frontrunner spot and deference within the NPP that a victory would surely guarantee him.

It would be odd if we didn't use all the accomplishments in our power — wealth, strength, audacity, education, even humor — to produce deference in others.

But in deference to the appeals court's stay of the preliminary injunction, Lamberth will stay his own permanent injunction — or if not, the appeals court will stay it, Greely predicts.

There's great humour, knowledge and deference to the source material, and more than 250 little plastic people to unlock if you're that into it — yet at the same time, it's wrapped in a playstyle that's really starting to crack and fray at the edges.

Reporters, students, and the Perrons all treat them with deference, as if demonology is a legitimate profession.

Its horses kept their heads low, as if in deference to the honorable cargo.

In deference to future readers of your book, if we feel that your story has development or style issues, two dimensional characters or weak dialogue, these issues will be brought to the reader's attention in order for them to make an informed decision before buying the book.

Easy deference: Unlike a mortgage or car loan, it is easy to get deferments and extensions on your student loan if the are federal loans, which can be helpful if you are in a financial jam.

Consider the total cost of the new loan in deference to the loan you have now, in order to decide if the loan even makes sense for your financial needs.

If Rocky has his hackles up, using deference training can take him out of this mindset and put him in a more relaxed mental state.

If you want your puppy to show deference, teach him to lick your hand or shake hands.

If you would like your puppy to show doggy deference, tickle his goolies when he is lying on his side and watch him raise his hind leg to expose his inguinal area.

The nation shuts down in deference to the pious nature of the season, but you won't care if you visit because you are in Belize to slow down and relax, right?

In the Spring 1998 issue of Modern Painters, the painter Trevor Winkfield described Abstract Expressionism «as a monolith» that has been «accorded a reverential deference which... seems a mite slavish, if not downright unhealthy.»

Thus it seems to make little difference in this case if people are convinced out of trust / deference to a Milgrim - like authority figure, or because they understand the physical arguments.

If Lynas was hoping to undermine his own argument, he wouldn't find anything more equal to this task than deference to social psychology.

Therefore his decision about the signature on the prescribed form, even if that form was created by Getup Ltd., should be given deference.

This deference is present whether the board in question is a «statutory» or a private tribunal (on the distinction in the labour relations context, see Roberval Express Ltée v. Transport Drivers, Warehousemen and General Workers Union, Local 106, [1982] 2 S.C.R. 888, Howe Sound Co. v. International Union of Mine, Mill and Smelter Workers (Canada), Local 663, [1962] S.C.R. 318, affirming (1961), 29 D.L.R. (2d) 76, Re International Nickel Co. of Canada and Rivando, [1956] O.R. 379 (C.A.)-RRB- It is based on the idea that if the courts are available to the parties as an alternative forum, violence is done to a comprehensive statutory scheme designed to govern all aspects of the relationship of the parties in a labour relations setting.

If a board is granted considerable discretion under its enabling statute and it is deciding a question within its domain of expertise, its judgment will often be shown deference by the reviewing court.

An administrative decision maker is entitled to deference on the basis of expertise only if the question before it falls within the scope of its expertise, whether specific or institutional» (para 83).

But the only way that language can become reality is if the elites charged with honouring the charter treat their task with deference and humility.»

If this is the case, the decision, when viewed together with the ASC's 2007 decision in Pulse Data Inc. and the Ontario Securities Commission's May decision in Neo Material Technologies Inc., may constituted a trend towards greater deference to boards of directors.

Yet as Professor (now Premier) MacLachlan says, if expertise is to support a presumption of deference, interrogation of a decision - maker's expertise can not be avoided indefinitely.

If your revenue accounts for a significant portion of a law firm's billings, or even the largest chunk of a major partner's billings, you will be treated with respect, deference, and extra efforts.

Sure, mandatory retirement invokes all kinds of meaty questions, such as: How much respect and dignity do older lawyers deserve, particularly when or if such deference adversely impacts law firm profits or interferes with the advancement of a younger crop of attorneys, eager for their turn to take the reigns?

That decision, she argues, is entitled to deference, if it is at all reviewable.

Apparently, unable to squeeze any cash out of a lawsuit against a restaurant owner who banned Simpson from his establishment or from sales of his book, If I Did It (which many consumers may boycott in deference to Nicole Brown's sister), Simpson devised another scheme: a private sting operation to recover what Simpson claims is his personal memorabilia from a dealer who had acquired it.

Plus, they point out, you do not get the same benefits as you would if you worked for a non-profit, like loan - repayment assistance or the deference from judges that Legal Aid lawyers often enjoy.

These three Justices suggested that, if federal agency interpretations are so easily manipulated, perhaps the Supreme Court should reconsider how much deference the courts should be required to give them.

As long as the decision - making process is reasonable, and as long as the Board's ultimate decision is «within a range of reasonable choices», the Courts will show deference, and therefore allow the Board's decision to stand, even if the Court might have arrived at a different choice.

During oral arguments in the Highmark case, there was a great deal of questioning over potential disparities between cases if more deference were to be given to the district courts, and whether the Federal Circuit would deliver more uniformity.

On deference to a professional regulatory body's «zero tolerance» standard for sexual relations between members and clients or former clients (even if the client is the member's common - law spouse): Leering v. College of Chiropractors of Ontario, 2010 ONCA 87.

If the process is thoughtful, reasoned, and respectful of congressional broad goals as expressly stated in 3553 (a), significant appellate deference should be the norm.

In subsequent cases, most notably the healthcare case King v. Burwell, the Court has also indicated that on some legal questions of major importance, it would be implausible to infer that Congress intended deference, even if the agency administers the statute and uses formal procedures.

Moreover, «[a] n administrative decision maker is entitled to deference on the basis of expertise only if the question before it falls within the scope of its expertise, whether specific or institutional» (at para. 83).

Both the conservative and the progressive positions seem to involve a paradox, if deference to one «political branch» but not the other is a paradox.

Significantly in terms of explaining the role of the court in relation to such deals, the judge said in his February judgment that «the law requires the Court to give substantial deference to the SEC... the Court will fail in this duty if it did not give considerable weight to the SEC's position.»

The judgment is also important for its statement that deference to Parliament is inappropriate in the section 1 analysis if the «core right to put a ballot in a box» is at play.

The transcript of the hearing will rarely, if ever, provide a reviewing court with an application of statutory interpretation principles necessary as a foundation for deference.

Indeed, if Windows Blue, the just - leaked update to Windows 8, shows us anything, it's that Microsoft is willing to de-emphasize desktop functionality in deference to the modern UI.

If the parenting practices of the targeted - rejected parent are assessed to be broadly normal range (with due consideration and latitude given to the broad array of parenting practices displayed in normal - range families, and with due deference given to recognized parental prerogatives in establishing family values through the legitimate exercise of parental authority, leadership, and discipline), then the presence of that symptom set in the child's symptom display MUST be the induced product of pathogenic parenting by the allied and supposedly «favored» parent.