Sentences with phrase «existing legal rules»

However, the unique characteristics and foreseeable impact of these new technologies of warfare raise questions about whether existing legal rules are sufficiently clear.
Token sales will be integrated into the existing legal rules for securities.
And even if students are already familiar with the subject matter, they must think through how best to preserve or re-package their content so that a reader can understand the complex interaction between the existing legal rules and the facts of the particular case.
This was consistent with the UNCITRAL mandate, which was to remove barriers in existing legal rules that stood in the way of legally effective e-communications.

Not exact matches

Chesky says that under Johnson's rule, the tension that often exists between the legal and business sides of a company has been virtually non-existent.
The legal institutions, which existed were to protect the status and power of the ruling Yangban class; therefore they functioned punitively turning the people into the victims of the local magistrates, who were the administrators in judicial and other areas.
(23) In order to protect the health of infants, the rules laid down in this Regulation and in particular those on labelling, presentation and advertising, and promotional and commercial practices should continue being in conformity with the principles and the aims of the International Code of Marketing of Breast - milk Substitutes bearing in mind the particular legal and factual situation existing in the Union.
It is a recipe for disaster to allow billions in state funds to be contracted through state controlled non-profits, including SUNY Poly, Fort Schuyler / Fuller Road Management and SUNY Research Foundation — all of which are exempt from the bidding rules for state agencies, and exist in a deliberately designed legal gray area of non-accountability.
Legal experts note that judges» opinions in environmental cases won't necessarily fall strictly along ideological lines, but that conservative judges are often more likely to reject arguments calling for more regulation or trying to fit climate change rules within the existing Clean Air Act.
Many states protect public sector pension benefits with strong, near ironclad legal rules that make it tough - to - impossible to reduce benefits for existing workers.
[23] Despite the U.S. Supreme Court ruling that states may not discriminate against students enrolling in K - 12 public schools on the basis of their legal status, clear guidelines do not exist for higher education.
This is why and how such an approach could work: Supreme Court Decision Sets Legal Precedent Since the 2007 ruling by the Supreme Court that carbon dioxide emissions are a pollutant subject to regulation by the EPA under the Clean Air Act, a legal precedent exLegal Precedent Since the 2007 ruling by the Supreme Court that carbon dioxide emissions are a pollutant subject to regulation by the EPA under the Clean Air Act, a legal precedent exlegal precedent exists,
«Certain existing disclosure rules... may require a company to disclose the impact that business or legal developments related to climate change may have on its business,» the Commission stated at the time.
[10] Given the EPA's desire to transform the electricity sector, the original intentions of Section 111 (d), and the recent Supreme Court ruling on the tailoring rule, the regulations for existing power plants will face much - warranted legal scrutiny.
On September 27, 2016, the entire United States District Court for the District of Columbia will hear oral arguments in West Virginia, et al. v EPA, to which E&E Legal is party, challenging the EPA's «Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units» rule under section 111 (d) of the Clean Air Act, over the Environmental Protection Agency's (EPA) regulation that will cripple, and in many cases, shut down coal - fired power plants.
It is striking to note that nowhere... is any evidence presented that harassment or invidious discrimination actually exists to any significant degree in the legal profession — or that, if it does exist, it is such a serious and widespread problem that the Model Rules must be amended.
Requiring a licensee to acknowledge, for example, that he has an obligation not to represent two clients whose legal interests are directly adverse, even in an unrelated matter, helps ensure that licensee remembers that the bright line rule exists.
«The general rule is that executed documents, even those prepared by legal counsel, are not privileged because they exist independently of any prior privileged communication between a client and legal counsel.
For both application of existing rules and the promulgation of new ones, state regulators are being guided somewhat by national bodies — mainly the American Bar Association — but as the world of legal ethics evolves along with technology, there remains a need to consult local authorities on all ethics rules.
Like you, I believe that there are strategies the LSUC could pursue which would achieve their substantive goals, strategies which accurately reflect existing (and unambiguous) legal and ethical obligations and which are consistent with constitutional requirements and principles (as I've noted above, if the current requirement around a Statement of Principle merely required acknowledgement of our actual existing obligations under the Rules, rather than a general duty to promote equality, diversity and inclusion which is found nowhere in the Rules, I suspect much opposition would melt away and the LSUC would be on far stronger Charter grounds).
Its contract solutions help global legal departments prepare for and meet existing and new regulatory requirements such as uncleared margin rules, MiFID II, Brexit and more.
The Society designed and tested a Management System for Ethical Legal Practice (MSELP), which includes 10 elements based on existing ethical rules, as well as tools and resources to support enhanced quality of practice.
With increasing regularity, the legal blogosphere generates these types of discussions of noteworthy pending cases, and it is not unusual for those discussions to include thoughtful recommendations about how a court should rule based on existing law and policy considerations.
The well - known case commonly referred to as Eric v. Lola (Droit de la famille — 102866) is a perfect illustration: although the legal situation at issue doesn't exist in the rest of Canada, the judgment shines a light on some of the legal rules governing family relations in Quebec, which, like everywhere in the world, are constantly evolving.
You'd want to consider that the Supreme Court of the Netherlands ruled (see here and here)-- after the Akzos case — that legal privilege does in fact generally exist for in - house counsel under Dutch law.
Many critics within the legal community suggest that all that LSUC needed to do was enforce their existing rules.
The Constitutional Court has also held that the duty of the legislature and other lawmaking subjects to revise all legal acts adopted by them before the entry into effect of the Constitution and which still remain in force, also the legal acts adopted by no longer existing institutions after the entry into effect of the Constitution and still remaining in force, which regulate the relations which are assigned to the sphere of regulation of a corresponding law - making subject, as well as legal acts, which had been adopted before the restoration of the independent State of Lithuania and remained in force after restoration of the independent State of Lithuania and, after the entry into effect of the Constitution, regulate the relationships, which are assigned to the sphere of regulation of an appropriate legislative subject, and assess their conformity with the Constitution within a reasonably short period, stems from the principle of the supremacy of the Constitution, and the constitutional principle of a state under the rule of law (the Constitutional Court's ruling of 29 October 2003).
Legal Realism Unpublished Decisions, Non-Citation Rules, and Federal Rule of Appellate Procedure 32.1 Existing Legal Scholarship and Empirical Data A DETAILED COMPARISON OF PRINT AND ELECTRONIC RESEARCH PROCESSES — IDENTIFYING SALIENT DIFFERENCES Electronic Researchers Are Not Guided by Key System Information to the Same Extent as Print Researchers with Respect to Identifying Relevant Theories, Principles, and Cases Electronic Researchers Do Not Encounter and Interpret Individual Cases Through the Lens of Key System Information to the Same Extent as Print Researchers Electronic Researchers Are Exposed to More — and Different — Case Texts than Print Researchers COGNITIVE PSYCHOLOGY - DERIVED PREDICTIONS ABOUT THE CONSEQUENCES OF A CHANGED RESEARCH PROCESS: DIVERSITY IN FRAMING AND TILTING AT WINDMILLS Principles and Theories of Cognitive Psychology Influence of Labeling Influence of Categories Confirmatory Bias and Selective Information Processing Application of Cognitive Psychology Principles to Legal Research Diversity in Framing.
In this specific case there are probably existing legal prohibitions against the landlord doing that, since housing is a highly regulated industry and most jurisdictions have rules that limit circumstances for retaining a damage deposit.
Relying on the advice of the Corporation's legal counsel, the Board proposed amending its rules to «broaden the definition of «single family» accepted by the Ontario Court of Appeal, while at the same time, making it clear that multiple, unrelated, transient tenants did not fall within the expanded definition» and to grandfather all existing occupancies that did not fall within that broader definition.
The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.
A model clause for use in contracts or other legal instruments by parties, which intend to provide for arbitration of existing or future disputes under the BVI IAC Arbitration Rules is set forth in Annex A to these Rules.
Compliance - based regulation of legal practices should be adopted to promote ethical best practices as a supplement to existing rule - based regulation of individual lawyers.
However, due to ethical rules applicable to lawyers, we can not discuss specific legal issues with you or represent you until we know that doing so will not create a conflict of interest involving one of our existing clients.
As a member of the Working Group that drafted the existing eDisclosure Practice Direction PD31B and its accompanying Electronic Documents Questionnaire, Integreon's vice president of legal services, Vince Neicho, gives his initial thoughts on the proposed rule change.
While there do exist statutory laws, such as the Domestic Relations Laws, that govern the legal subject matter of the state's Family Courts, the vast majority of the controlling law in this area has been established through precedential rulings and judicial review.
Accordingly, the committee has amended rule 803 (8) to refer to the provision of [proposed] rule 804 (b)(5)[deleted], which allows the admission of such reports, records or other statements where the police officer or other law enforcement officer is unavailable because of death, then existing physical or mental illness or infirmity, or not being successfully subject to legal process.
This legal theory may exist by reason of a Kentucky Supreme Court Rule:
Comment: Some commenters questioned whether the Secretary had statutory authority to directly or indirectly impose new procedural or substantive requirements on otherwise lawful legal process issued under existing federal and state rules.
The rule's approach is simply intended to avoid any obstruction to the health plan or covered health care provider's ability to comply with its existing legal obligations.
As the Law Society has indicated, in the documentation accompanying the recommendation as well as the legal opinion that accompanied the report to Convocation, the duty to promote equality, diversity and inclusiveness — not only in our legal practices, but also in our public lives — is implicit in the existing rules and obligations governing licensees, and not a new obligation.
Likewise though e-communications were becoming ubiquitous, existing categories of legal rules were sufficient to deal with them.
Codification of the law of evidence was meant to cure the problem that it exists as a, «proliferation of ostensible legal rules, refinements of rules, distinctions in the refinements, refinements and distinctions in the exceptions, and so forth ad infinitum» (Report on Evidence, p. 4).
But where there is a an absence of a rule and the situation isn't covered by implication — extension — of an existing rule, then whatever falls into the gap is legal.
More broadly, this ruling will be studied closely by constitutional lawyers as it addresses a number of central issues, including the interplay between the Government's executive powers in international law and legislative sovereignty, the powers of the Court to supervise the exercise of prerogative powers particularly where existing law or rights are affected, and the fundamentally political, not legal, nature of the Sewel Convention on consultation of devolved legislatures.
ASIC divulged that the regime was not designed around digital currencies and that it's difficult to determine how the existing legal definitions and rulings should apply to digital currency.
Had the new referendum passed, it would have installed a number of new (often odious) provisions, including rules that opened elections to dual citizens and that legal marriage could only exist between a man and a woman.
It is not a fact of the market that can be interpreted by any prescribed set of rules, or by reference to legal precedents, few of which exist.
A legal opinion from a lawyer [assuming one exists] can only be viewed as law, when the lawyer giving the opinion also happens to be a sitting judge or an adjudicator — in which case it's not an opinion it's a «ruling».
CHICAGO — The legal duties that a listing salesperson owes the seller continue to exist if the salesperson ends up as the buyer of the property, the Illinois Appellate Court has ruled.
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