Sentences with phrase «early case law»

The early case law seems to demonstrate a privilege - protective approach.

Fourth, in line with its earlier case law, the ECJ also heavily criticised the data retention mechanisms contained by the draft agreement.

In earlier case law, Fiona Shevill, the Court had held that in case of defamation by means of a newspaper article distributed in several Member States, Article 5 (3) must be interpreted as giving the victim a choice between fora.

Moreover, the Court also uses extensive and systematic references to earlier case law to put its decision in context with the previous jurisprudence.

In this regard, we could even point to the Court's earlier case law referred to as authoritative by the Court itself in paragraph 30, where it reiterates the need to pursue «common objectives» and «same objectives» for the finding of participation in an infringement of Article 101 TFEU.

As follows from earlier case law (as translated into guidelines by the Commission in COM (2009) 313 final), when assessing whether the residence of an individual constitutes an unreasonable burden on its social assistance system, national authorities are required to take account of «social factors» such as the level of connection of the EU citizen with the society of the host Member State and any considerations pertaining to age, state of health, family and economic situation.

This distinction between both provisions is important because the possibilities for a conditional surrender regarding convictions in absentia were broader under the old provision, leaving the Spanish Constitutional Court just enough leeway to continue the line of reasoning of its earlier case law.

One may give it the credit of being consistent with the Court's earlier case law, but nonetheless it remains difficult to see where the road the Court is travelling down is supposed to lead.

I recently browsed through a book by Antonin Scalia in which he outlines a number of specific principles he endorses and does not endorse, with citations to earlier case law.

Following earlier case law, they held that normally such payments are justified, but added the qualification that the employer may have to show justification if the claimant provides «evidence capable of giving rise to serious doubts as to whether recourse to the criterion of length of service is, in the circumstances, appropriate to attain the... objective».

The notable development earlier in 2006 in this topical area was the decision of the Court of Appeal in Cable & Wireless v Muscat [2006] EWCA Civ 220, [2006] IRLR 354, [2006] All ER (D) 127 (Mar) not just that it was possible for the long - serving agency worker to change into a direct employee of the client — the earlier case law having been obiter — but that this particular claimant actually had.

Despite the earlier case law decisions, the Owner argued that the legislature had overruled these decisions in 2000 when it enacted a statute requiring that all brokerage agreements have a «legally enforceable description of the property».

Not exact matches

In any case extermination camps were not the issue during the early 1930s, when the Nuremberg Laws were framed.

Early on Thursday, U.S. District Judge Theodore Chuang issued a nationwide preliminary injunction in a similar case in Maryland brought by refugee resettlement agencies represented by the American Civil Liberties Union and the National Immigration Law Center.

Earlier this year, the Ohio Supreme Court agreed to hear a case challenging the use of the mortgage law by a payday lender named Cashland.

Sen. Marco Rubio, R - Fla., a presidential contender, charged earlier this month that the reform law is «eviscerating» the community banking industry — an all - too - common refrain, even if his data proved to be overstating the case.

Aaron Wright of Cardozo Law School, for example, has made a detailed case arguing that the SAFT is itself a security, from contract to token, an argument that looked prescient when earlier this year rumors began to swirl that the Securities and Exchange Commission (SEC) was going after lots of initial coin offering (ICO) projects.

With the final tax reform package now signed into law, Morgan Stanley's Chief U.S. Economist Ellen Zentner notes three key forecast changes from her earlier base case projection:

That seems doomed to fail, as more than a century of case law dating back to the early days of the railroad suggests that provincial measures that directly thwart interprovincial infrastructure may be overruled by federal jurisdiction using 92 (10)(c) and this would be a prime example of when it should be (and has historically) been used.

According to Paul Copan, «As we've seen earlier, this is another example of case law (casuistic law).

Writing early in his career on the case of «Brother Daniel,» a Jewish convert to Christianity who sought to immigrate to Israel under the Israeli law of return, Wyschogrod explained:

Does religion (equated by Justice Kennedy in an earlier case with the belief that «an ethic and a morality which transcends human invention» exists) have any role to play in the law?

In a more recent work, Reason in the Balance: The Case Against NATURALISM in Science, Law and Education (P. 3), Johnson continues his argument, and makes clear what was implicit in the earlier work.

1 Early law 2 Modern legal cases 3 Intelligent Design and Kitzmiller v. Dover Area School District 4 Movements to teach creationism in schools 5 Recent developments in state education programs 5.1 Development by state 5.1.1 Alabama 5.1.2 California 5.1.3 Florida 5.1.4 Georgia 5.1.5 Kansas 5.1.6 Kentucky 5.1.7 Louisiana 5.1.8 Ohio 5.1.9 Pennsylvania 5.1.10 Tennessee 5.1.11 Texas 5.1.12 Virginia

«This possibility of annulling forever the law of fatigue has been abundantly proven in my own case; for my earlier life bears a record of many, many years of bedridden invalidism, with spine and lower limbs paralyzed.

State prosecutors took over the case against Kerrick early on, when it came to light that Mecklenburg district attorney Andrew Murray had once been a law partner of a member of Kerrick's defense team.

According to a New Law Journal report published earlier this year, there's been a 25 % decline in the number of solicitors taking civil legal aid cases.

According to Hon. Kwabena Mintah Akandoh Member of Parliament for Juanoso, earlier this week he together with his counsel appeared in court in connection with a case he Hon. Akandoh and Hon. Ernest Norgbe Member of Parliament for Ashaiman sent to the Supreme Court for interpretation regarding Ghana's National Service law.

That belief has now been overtaken by the ruling in the McNally case earlier this year, in which Lord Justice Leveson appears to have extended the law and determined that in some exceptional cases, misleading one's sexual partner can invalidate consent.

He also referenced a court case involving the Civilian Complaint Review Board from a year earlier, «when the Law Department took a very clear position that the state law required us to keep this kind of information confidential.&raqLaw Department took a very clear position that the state law required us to keep this kind of information confidential.&raqlaw required us to keep this kind of information confidential.»

Libous, a Binghamton - area lawmaker, was ousted from his Senate seat earlier this month after he was convicted of lying to the FBI in a case stemming from his son receiving a job at a politically connected law firm in Westchester County.

In a ruling issued earlier this month, but was made known yesterday, a Livingston County court judge allowed a lawsuit against the state's same - sex marriage law to continue, writing in scathing opinion that New York's notoriously narrow Open Meetings Law could be reviewed in the calaw to continue, writing in scathing opinion that New York's notoriously narrow Open Meetings Law could be reviewed in the caLaw could be reviewed in the case.

«Governor Andrew Cuomo's Executive Order No. 147 is gravely flawed and invites serious legal issues regarding how cases involving the «deaths of unarmed civilians caused by law enforcement officers» will be properly investigated during the critical, early hours and days after such a tragic incident occur,» the organization said in a statement.

Personal Info Birthplace: Staten Island, NY High School: Brooklyn Tech High School (public - requires entrance exam) Higher Education: SUNY New Paltz, University of Buffalo Law School NY19 Connection: Attended SUNY New Paltz, 1970 - 1974; Returned to live in Kingston in 1981 and thereafter moved to Woodstock where he has resided through today Length of Residency in NY19: Kingston, NY and Woodstock, NY since 1983; greater than 34 years Prior Job History: Served as a Volunteers in Service to America (VISTA) Volunteer working with Native American tribes in Nebraska, Western Nebraska Legal Services attorney between 1977 - 1980; Ulster County Public Defender's Office in the 1980s and early 1990s, Law Offices of Dave Clegg practicing predominantly personal injury law and elder abuse cases until preseLaw School NY19 Connection: Attended SUNY New Paltz, 1970 - 1974; Returned to live in Kingston in 1981 and thereafter moved to Woodstock where he has resided through today Length of Residency in NY19: Kingston, NY and Woodstock, NY since 1983; greater than 34 years Prior Job History: Served as a Volunteers in Service to America (VISTA) Volunteer working with Native American tribes in Nebraska, Western Nebraska Legal Services attorney between 1977 - 1980; Ulster County Public Defender's Office in the 1980s and early 1990s, Law Offices of Dave Clegg practicing predominantly personal injury law and elder abuse cases until preseLaw Offices of Dave Clegg practicing predominantly personal injury law and elder abuse cases until preselaw and elder abuse cases until present.

In many cases, though, the early laws were rather weak.

Cuomo, who supports the microstamping of bullet casings, wouldn't say which gun control measures he would push for on the state level in a news conference earlier today, though he called a provision in the state's ban on assault weapons that grandfathers in high - capacity ammunition magazines manufactured before the ban took effect a loophole in the law.

The BHA has made its comments in light of a new legal case launched by Tony Nicklinson which seeks clarity in the law on murder and assisted dying, and ahead of an appeal later today in the case of Frances Inglis, who was given a life sentence earlier this year after being found guilty of murder after giving her permanently brain - damaged son a lethal heroin overdose.

Early voting as allowed by 37 other states, reform of New York's archaic election laws, allowing victims of sexual abuse cases to reopen their cases and sue their abusers, common sense reforms to New York's gun laws, so many issues on the table that need to be addressed.

Early in her prosecutorial career, she trained police officers to follow the law in dealing with cases.

Early on, forensic science became identified with law enforcement and the prosecution of criminal cases — an image enhanced by books, television, and movies.

Warchus and Beresford have made an unashamed love letter to activism, to the working - class, and most importantly, the power of solidarity between the oppressed, making a strong case that the events it depicts were a major turning point for the gay rights movement in the U.K. (where gay marriage became law earlier this year, passed by a right - wing government no less).

Citing two earlier cases that forced changes in state laws regarding students» rights to quality education through money spent and time of instruction provided, as well as evidence in Vergara, he said the plaintiffs «have proven, by a preponderance of the evidence, that the Challenged Statutes impose a real and appreciable impact on students» fundamental to quality of education and that they impose a disproportionate burden on poor and minority students.»

within one hundred and eighty days after the alleged awful practice occurred, or in a case to which section 14 (b) applies, within three hundred days after the alleged unlawful practice occurred or within thirty days after receipt by the individual of notice of termination of proceedings under State law, whichever is earlier.

(d) A charge under subsection (a) shall be filed within ninety days after the alleged unlawful employment practice occurred, except that in the case of an unlawful employment practice with respect to which the person aggrieved has followed the procedure set out in subsection (b), such charge shall be filed by the person aggrieved within two hundred and ten days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local, law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

Tell the class that, in the field of law, a precedent is a rule established in an earlier case.

In certain circumstances such as the death or incompetence of an account holder, the law permits, or in some cases requires, the waiver of the early withdrawal penalty.

In certain circumstances such as the death or incompetence of an owner of this account, the law permits, or in some cases requires, the waiver of the early withdrawal penalty.

When more than 180 dogs were rescued as part of an extreme hoarding case early this year, San Diego Humane Society Humane Law Enforcement officers were at the scene.

When Tamie was seized by law enforcement in a cruelty case earlier this year, she needed help.

a. Develop training on animal cruelty and the link between cruelty and domestic violence for law enforcement personnel; b. Expand the current ACO training curriculum; c. Train and educate judges, appropriate court personnel, and prosecutors about animal cruelty; d. Educate veterinarians about recognizing animal cruelty and understanding current law; e. Create a state multidisciplinary team for animal hoarding that would develop an emergency response system and oversee a task force to focus on early intervention of hoarding including mental health counseling in all animal hoarding cases; and create a Department of Mental Health and Department of Corrections forensic assessment protocol for early intervention, sentencing, treatment, and rehabilitation; and f. Develop and promote animal cruelty prevention, identification, training and screening tools among pet service providers, associations, and the commercial pet industry.