Over a century ago Thoreau sounded this note from a hut beside Walden Pond: «Man's capacities have never been measured; nor are we to judge of what he can
do by any precedents, so little has been tried.»
Not exact matches
They don't work within traditional boundaries or allow themselves to be confined
by precedent.
«A ruling
by a single judge in one circuit can not and
does not undo the years of clear legal
precedent nationwide establishing that transgender students have the right to go to school without being singled out for discrimination,» said a statement from five groups, including the American Civil Liberties Union (ACLU), that have filed «friend of the court» briefs on behalf of transgender students.
And because the issue of LLC ownership
by IRA has no legal
precedent, companies advertising home storage of IRA gold are careful to note that they don't provide legal advice, the Journal writes.
In November 2017, he achieved
precedent - setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must
do so
by a preponderance of the evidence rather than merely meeting a burden of production.
TruthPrevails, it
does seem that far to many Christians don't realize that one day they may not be in the majority, and that
by trying to encode their beliefs into law they are setting a
precedent that may be used against them in the future.
Historians have wrangled over whether George Washington established
precedent by adding the phrase on his own during his first Inaugural acceptance, but the Library of Congress website states he
did.
An interesting perspective... because we can still wonder whether the entire universe is controlled
by an alien being who might at any moment
do something for which there has been no
precedent in all of human memory... we could still see beyond that practically all - powerful being a being that we could rightfully know to be God even to that other being to whom we are at their mercy.
We don't care if you put the cross in there, just don't doom us all
by setting a legal
precedent.
By the beginning of the nineteenth century... judges were abandoning the notion that they should adhere rigidly to
precedent... [The difference] was less in what the courts
did than in their understanding of what they properly could
do....
We can only change bad legal
precedent by forcing the issue, which my proposed tax would
do.
Trustee Jeffrey Braiman said he didn't want to set a
precedent for public sites — «for example, a park, and any people living
by that park saying, «We want a ban.»»
While it is anxious not to set a
precedent, and allow Assange to remain a fugitive in London in defiance of a European arrest warrant, it is also bound
by the 1961 Vienna Convention on Diplomatic Relations — a treaty which (in contrast to the treaty on diplomatic asylum)
does enjoy widespread support as a core piece of the legal architecture governing modern diplomacy.
It is partly because of the
precedent set
by Narc that many
do not believe that the Coalition for Reform and Democracy (Cord) will stay together, and that there has been such fevered speculation about when the current pact between President Uhuru Kenyatta and his deputy William Ruto will crumble.
Importantly, the Court
did not overturn existing
precedent that some in the camp favoring a limit to gun ownership rights point to as an indication that the militia clause is important, but rather found a way to uphold that
precedent by clarifying its interpretation.
The holding in each case was substantively similar as McDonald primarily served to incorporate the 2nd Amendment via the 14th Amendment (since Heller applied to the District of Columbia only which is governed
by the federal government directly) to the states and
did not really set new gun ownership
precedent.
Silver expressed hope that the rent control fight won't go down to the wire the way it has in years past, saying: «We set a
precedent here, hopefully,
by doing things early.»
But Obama set a very strong
precedent of governing
by Executive Fiat (far reaching and impactful executive orders - while he doesn't win on their amount, he wins on their impact and scope breadth), which the next President can happily use to
do exactly the same thing and more.
However, now that I
do, I expect to see that
precedent be cited
by the people who want Hillary to win the election and nominate Obama to the Supreme Court.
On - topic questions included the timing of the effectiveness of the laws signed today and when ICE will close it's office on Rikers Island, how many people currently on Rikers Island will be covered
by these laws, details of Carlos Rodriguez (who was held on Rikers Island for eight months on an ICE detainer) path to this country and his thoughts during his eight month detention, what Mayor de Blasio would like to see the federal government
do about immigration and what he will
do absent such action, what he would tell Republicans who think his approach is a dangerous
precedent, de Blasio and Melissa Mark - Viverito's positions on municipal IDs and voting rights for non-citizens, the number of people arrested on misdemeanors and then subject to ICE detainers and whether persons arrested on felony charges must first go through the justice system before being subject to an ICE detainer.
At the Democratic Party's lunchtime meeting in Tarrytown, Schumer spoke to his hopes for the future, including that he will become Senate majority leader and, in the event the Republican - controlled Senate
does not relent in its opposition to an Obama nominee, «our madam president will surely nominate a person for the Supreme Court who is in the legal mainstream (and) will uphold fundamental rights and common sense
precedents now so severely under attack
by the right - wing.»
Technically it was within its rights to
do so, both
by convention and
precedent, and it duly
did.
He
did away with the tights worn
by Speakers in favour of dark flannel trousers and continued the
precedent set
by his predecessor as Speaker, Betty Boothroyd,
by dispensing with the traditional wig.
Obviously polls like this
do pose a risk of any old person pretending to be a party member to skew the results, or getting a very skewed group of activists, but the polls of Conservative party members
done by Tim Montgomerie over on ConservativeHome
did get their leadership election right, so we
do at least have a
precedent for a website running polls of party members in this way and getting good results.
The decision implies on page 17 that the
precedent set in 1980
by John B. Anderson, who ran in Michigan's presidential primary and also ran as a minor party nominee, doesn't apply because Read more»
It sounds like a little thing, but it makes the film feel like it's made
by an amateur — which Beatty is decidedly not — and doesn't seem to have a
precedent in the older films it wants to emulate.
Newman's performance is deceptively stoic, his impassivity striking the correct tenor for the time, for his body of work to that point, and for the genre - perverting
precedent set
by Leone while predicting to a degree the darkness of Sam Peckinpah (as reflected in this exchange between Audra and a bandit she recognizes: «What are you
doing here?»
Entertainment Weekly notes that while there's no franchise
precedent for the beige helmet, it
does bear some resemblance to those worn
by Scout Troopers in «Return of the Jedi.»
After a
precedent was set
by the Supreme Court, federal law doesn't allow student loan debt to be discharged in bankruptcy, although other forms of outstanding debt such as credit cards have the potential for discharge in bankruptcy.
That time Kristine
did her job and followed up on questions from the community, while James hasn't, so our expectations are backed
by precedent and I'll be very angry at SCEA if next Tuesday comes and we don't get what we were promised.
By starting the story in the 1730s (with a long glance backwards) and continuing into the early career of A.W.N. Pugin, Lindfield makes it plain that Gothic changed and developed through the period he discusses; he
does not devote a single chapter to Strawberry Hill, but returns to it at key points in his narrative, tracing how Walpole's Gothic evolved from a repertoire of ornament derived from pattern books to a style based on a study of medieval
precedent.
There are
precedents for «Austin» — for instance, Donald Judd's sprawling Chinati Foundation complex, which he worked on from 1979 until his death in 1994 to showcase his large - scale artworks and those of his contemporaries in the desert of Marfa, Tex.; Barnett Newman's 14 - part abstract painting cycle from 1958 to 1966 interpreting the stations of the cross; the Chapelle
du Rosaire de Vence on the French Riviera, completed in 1951, which was designed
by Henri Matisse and displays his work; and Le Corbusier's 1954 Notre - Dame
du Haut, a Roman Catholic chapel in eastern France.
This is not to suggest that Chow's work is wholly without
precedent, but, rather, that he doesn't seem to be stymied
by looking over his shoulder at the immediate past.
But Nothing has been
done before,
by New York - based artist Mary Ellen Carroll, and the group argues that this
precedent ought to be acknowledged.
BS I don't think I was conscious of following in their footsteps at the time, because my education was firmly grounded in
precedents set
by the diaspora.
Inspired
by literary
precedents such as automatic writing,
by the resourcefulness of the bricoleur making
do with what is at hand, and
by the openness toward chance that all artistic production under severe constraint must necessarily incorporate, Cabinet's series invites a number of distinguished authors and artists to be incarcerated in its gallery space to complete a project from start to finish within 24 hours.
oit is with indignation that we are speaking othis document is not acceptable • Bolivia owe have learned about this document through the media, not through you onow we are given 60 minutes to accept something already agreed upon
by other states owe are seeing actions in a dictatorial way othis is unacceptable and anti-democratic owe say to the people of the world: they shall judge upon it othe rights of our people are not being respected owe are not going to decide about so many lives in only 60 minutes othis is s group of a small number of countries oAPPLAUS • Cuba o4 hours ago Obama announced an agreement which is non-existant owe is behaving like an emperor owe have seen version being discussed
by secretive groups in the last hours and days oCuba will not accept your draft declaration oat this conference, there is no consensus on this document oI associate my voice to Tuvalu, Venezuela, Bolivia othe target of 2 degrees is unacceptable o... • Costa Rica ofor the reasons that we have heard, this document can not be considered the work of the AWG - LCA and can not be considered
by the COP othis can only be an INF doc, it's just for information oadditional question: in an earlier version, a CP.15 - decision, para. 1: there was a reference to a legally binding instrument to be adopted
by the COP onow: we have a new version, but the reference to legally binding instrument disappeared • USA o [wants to speak, but point of order
by Nicaragua] • Nicaragua othere is already a
precedent where we have not been given the right to speech onow that you have mentioned we finally want to speak • Pres. [moving on] oUS
does not appear on my list any more, so next one is Sudan • Sudan othere must be something horribly wrong here oI pushed the button when I saw Nicaragua raising their sign in order to support them • Nicaragua othis is a deterioration of the democratic system oand this happens at the most important conference of the UN for many years owe have draft decisions about how to carry forward the process ostates (lists names) have written a submission: • this has not followed the basic principles of the UN • inclusion • bottom up processes • democratic participation • equality of states oduring this consequence, many states expressed their position against such approaches othe only agreement we recognize is??
The argument is based on
precedent: Montreal has effectively
done its job
by phasing out some 97 percent of ozone eating substances, while simultaneously outperforming the Kyoto Protocol on climate.
Mr Pringle argued that Article 136 (3) TFEU
did not respect either of the conditions in Article 48 (6) TEU (in addition to arguing before the national court that
by approving the amendment
by legislative act rather than a referendum, Ireland violated the Irish Constitution and the famous Crotty
precedent).
Even though under exceptional circumstances it may be argued that legal requirements such as the publication in the Official Journal
do not have to be met in a specific case, this method of adopting measures should at least have been criticized in order not to create a
precedent for future «measures» taken
by press release.
But there is no
precedent for a non-party appeal
by an expert witness — and Egilman
does not appear to be so affected
by Peterson's ruling that he has standing to appeal it.
The court was concerned that the UK policy set the threshold so high against the applicants 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» because the applicants had to demonstrate as a condition
precedent to the application of the policy, that the deprivation of artificial insemination facilities might prevent conception altogether.
Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs
did not constitute copyright infringement), important war on terror
precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed
precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing
by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided
by a jury beyond a reasonable doubt).
While no - one wishes to protect inappropriate behaviour
by lawyers,
doing so through accessing the client's privileged material creates a dangerous
precedent.
Stating that administrative decision - makers such as the FOIP Commissioner are entitled to alter
precedents or completely depart from an earlier interpretation of legislation — as Justice Manderscheid states here (at para 84)-- was perhaps tenable in a legal system that
did not employ a strong presumption of deference to substantive legal findings made
by these persons.
Cs made their claim and in
doing so, relied upon the commentary in Volume 38 (2) of the Encyclopaedia of Forms &
Precedents that states the inclusion of a «call - in» clause should at least be considered in any case other than: «the very simplest cases such as an application for change of use or for the carrying out of relatively minor building operations where... it is unlikely that the grant of planning permission would be challenged
by third parties
by way of judicial review....»
Now, lower courts are bound
by precedent, even if that
precedent was set in the 1700s - indeed there are plenty of judgments where the judge says «I don't agree with agree with it but Lord Farquart said in Some Guy v Some Other Guy [1856]...».
Is STARE DECISIS (
precedent) still part of the law in Ontario?The herein issue was dealt with in 2001,
by the SCC, in a finding that the Charter
does not apply to PRIVATE entities (TWU) and the Charter remains unchanged!The LSUC and lower Courts are bound
by this
precedent!Furthermore, the LSUC should not have proceeded herein, without specific authorization from a general Referendum and, at least for the sake of appearances, ON THIS ISSUE, the Bench, should have all been from out of Province, having absolutely no connection to the LSUC, as former Members, Benchers, etc..
Finally, although we
do not have a justice of
precedents, it is a fact that the volume of judicial disputes leads the Judges to create a base of decision criteria and it needs to be very well known
by the law office to guarantee maximum performance in the defence of its clients.
The two «
Doe»
precedents followed
by Klehr are precisely the leading cases on the issue of ordering ISP to reveal blogger's identity in the United States (now, you know what people mean
by the phrase: «filing a
Doe lawsuit.»)