Sentences with word «factfinding»

What occurred here is no more judicial factfinding in the ordinary sense than would be the factual findings that deficit spending will not lower the unemployment rate... Yet because they have been branded «factual findings» entitled to deferential review, the policy preferences of three District Judges now govern the operation of California prison's system.»

Actually, courts are in many respects way ahead of other institutions, in & out of government, in preparing themselves to play an intelligent role in managing the impact of cultural cognition on factfinding.

The First and Fourteenth Amendments do not impose upon the States any limitations as to how, within their own judicial systems, factfinding tasks shall be allocated.

We also have advised clients on other kinds of trade remedy proceedings, including: Section 232 National Security investigations of steel and aluminum; Section 301 unfair foreign trade practices investigations (including the one relating to Chinese IP policies and practices that the USTR initiated in August 2017); Section 332 ITC general factfinding investigations; and Section 337 cases involving intellectual property (IP) infringement.

But she didn't, and we have a remedial majority that rejects out of hand the «jury factfinding» option for sentencing — which would have been not just the right answer but arguably the only answer if the merits opinion were really animated by the jury trial right.

Most lawyers know that appellate courts usually review lower courts» legal decisions de novo, while overturning factfinding and trial management decisions only if the lower court was guilty of «abuse of discretion.»

Ultimately, barring judicial factfinding is the only way a scheme can truly comport with the Sixth Amendment, at least to the extent there is ANY appellate review of sentence lengths.

This factfinding commission was one of the campaign promises made by Syriza before coming to power after the general elections of Jan. 25.

Your work in overseeing how food is produced and sold is commendable, I appreciate your factfinding, your insight, your understanding and your knowledge more than you can imagine.

Shadow Defence Secretary Liam Fox will be writing a daily diary for ConservativeHome during his factfinding visit to Washington DC this week.

«If someone makes a formal complaint, it's handed over to the outside entity, who does a factfinding and makes a determination as to how we proceed,» the source said.

ADR encompasses mediation, facilitation, conciliation, factfinding, mini-trials, negotiation, negotiated rulemaking, neutral evaluation, policy dialogues, use of ombuds, arbitration, and other processes that usually involve a neutral third party who assists the parties in preventing, minimizing the escalation of, and resolving disputes.

Mediation, facilitation, conciliation, factfinding, mini-trials, negotiation, negotiated rulemaking, early neutral evaluation, policy dialogues, use of ombuds, arbitration, and other processes that usually involve a neutral third party who assists the parties in preventing and resolving disputes, when used effectively, will help us resolve potential conflicts and disputes at an early stage and in an expeditious, cost - effective manner.

Although judicial factfinding in sentencing is standard and allowed since Booker made the guidelines nonmandatory, the judicial factfinding assumes an even greater role here given that the decision of even what basic guideline to apply hinges on what offense the judge finds is proven by the facts.