Sentences with phrase «factual analysis in»

Thus, the factual analysis in considering a notice argument is limited to a consideration of what the party knew, not what it could have known had it made inquiries.

Although the Court of Appeals did not overrule long - standing precedent, the tone and factual analysis in Lawrence appears to have turned the tide on retroactive fee evaluations.

Not exact matches

You may disagree with Krugman's analysis, but it's a little disingenuous to try to denigrate and dismiss Thomas Mulcair's economic ideas when they're based on Nobel prize winning work in economics (the intellectual case, that is; the factual case that this phenomenon is occurring today, in Canada, is purely a question of whether the appreciation of our currency is based on the oil and gas boom and whether a high dollar results in lower exports in other sectors, both of which you seem to have admitted are accurate.)

Using PRIME's proprietary social media analytics methods and technology, the research firm identified 13 million relevant social media posts from March 2013 to December 2013 on the subject of mobile payment innovation in the context of MasterCard and its industry peers; sentiment analysis shows the majority of posts were driven by news - story sharing 92 % positive / factual, only 8 % negative tone overall which is a reflection of the original content as it appeared in traditional news outlets.

However, when companies file additional information in amended proxies or on their websites or when companies perceive a factual discrepancy with Glass Lewis» analysis, the new Issuer Engagement Portal will allow for issuers to easily and quickly contact Glass Lewis and get a response where appropriate.

By taking the time to perform an in - depth analysis and ask the right questions, you gain clarity and ensure you're making important business decisions on factual information supported by historical data — not just intuition or estimation.

Robert Freeman, executive director of the State Committee on Open Government, said the FOI law mandates the release of factual and statistical information that is presumably contained in the analysis.

CAMBRIDGE, MA — A new analysis of two recent reports, one by a committee of the National Academy of Science's National Research Council (NRC), the other by Alan Ginsburg, a former director of Policy and Program Studies in the U. S. Department of Education, finds that both reports made factual and analytical errors in their examination of the record of Michelle Rhee as Chancellor of Schools for the District of Columbia from 2007 - 2010.

See also state - by - state reports in the appendices of the full report, in case your state was one of the state's that responded or, rather, «recognized the factual accuracy of this analysis.»

Unsurprisingly, the survey confirmed climate change to be a largely politicized issue, viewed too often along party lines instead of according to factual analysis (and both parties are guilty of this, in different ways — there are plenty of liberals who proclaim their allegiance to the fight against global warming without a basic education on the issue).

Mind you, I'm not talking someone who came here to carp or complain, but one who came here to present data, explain methods, discuss statistical analysis, provide explanations of policies or point out factual flaws in skeptic's scientific analysis?

With today's release of Brief Finder, CARA's analysis finds not only relevant cases, but also briefs that are relevant to the legal and factual issues in a given document.

No one from the Second Circuit has attempted to explain to me the so - called security concerns — which as far as I can tell based on my own analysis apparently arise from certain statements attributed to Mr. Higazy in the opinion's factual recitation — that led the Second Circuit to remove the opinion from its web site after the opinion had been posted there for all to see and access.

84 % don't have forensic analysis — even though regulations coming into force in May next year means organisations may need to provide factual information about what has happened to those affected and regulators

In the usual way the factual element of the unitary analysis would need to be plainly wrong.

Here, the individual at the Company tasked with retaining outside counsel and managing the claim should prepare the file and a memorandum with a factual analysis of the claim in order to ease the process of onboarding litigation counsel.

The analysis, written by Matthew Barge, identified as a recent college graduate, is riddled with legal and factual errors and in many instances virtually mirrors the White House's talking points.

Amongst other reasons for that result was the realization that, in some cases, juries (and arguably even judges in non jury trials) were using a «substantial factor» analysis to find that negligence which was a but - for cause (whatever but - for means) was not a factual cause.

Successfully arguing against such defenses typically requires a plaintiff to conduct a complete investigation in order to be ready with a compelling factual analysis of the case that explores all of the relevant factual and legal issues at hand.

Every case is different, you need to go through different factual analyses to establish this, but in trucking cases it is usually more straightforward than some of the factors just mentioned.

On the issue of the court's interpretation of the restrictive clause and the words «similar to», the court did not undertake a detailed factual and legal analysis of the relevant multitude of factors relating to the franchise system, as done in established franchise law authorities.

... the question depends on an exacting analysis of the factual case advanced in defence of the measure, in order to determine (i) whether its objective is sufficiently important to justify the limitation of a fundamental right; (ii) whether it is rationally connected to the objective; (iii) whether a less intrusive measure could have been used; and (iv) whether, having regard to these matters and to the severity of the consequences, a fair balance has been struck between the rights of the individual and the interests of the community.

This lapse is particularly troubling because the Opinion based its analysis on the following statement: «In order to ensure effective judicial review of that type of decision, the assessment of its validity must therefore in my view be carried out by reference to the current factual and legal context.&raquIn order to ensure effective judicial review of that type of decision, the assessment of its validity must therefore in my view be carried out by reference to the current factual and legal context.&raquin my view be carried out by reference to the current factual and legal context.»

While the SCC rejected the details of the Clements analysis of Resurfice material contribution, the SCC seems to have accepted the BCCA explanation that Resurfice material contribution is not a test for factual causation but a policy — based approach that, in certain circumstances, will permit the courts to hold the caausation requirements of the cause of action have been satisfied notwithsanding that factual causation has not been established on the balance of probability.

First, in the analysis of whether a franchisor is exempt from providing a franchise disclosure document in a renewal, the court needs evidence, and it must be conclusive, about the material differences between the original and then - current franchise agreements and their factual context.

«My plea is for is lawyers representing fathers in situations like this to do a thorough analysis of the factual situation on the ground, and characterize your case as a preservation of status quo,» Colman adds.

By integrating nonpartisan social science research, policy analysis and public education, the Center hoped to provide a factual basis for the development of sound governmental policies and for public consideration of the sensitive issues involved in the promotion of reproductive health and rights.

In a Dec. 21, 2011, response, NeighborCity offered to enter into a «custom license» agreement with MRIS that would enable the brokerage «to continue to use the listing data in which your client claims a proprietary interest» in order to make referrals exclusively to MRIS members, charge them referral fees, «rank and rate member brokers and real estate agents for public display and to effectuate referrals,» and «derive and own analysis and derivative works from the factual listing data,» among other thingIn a Dec. 21, 2011, response, NeighborCity offered to enter into a «custom license» agreement with MRIS that would enable the brokerage «to continue to use the listing data in which your client claims a proprietary interest» in order to make referrals exclusively to MRIS members, charge them referral fees, «rank and rate member brokers and real estate agents for public display and to effectuate referrals,» and «derive and own analysis and derivative works from the factual listing data,» among other thingin which your client claims a proprietary interest» in order to make referrals exclusively to MRIS members, charge them referral fees, «rank and rate member brokers and real estate agents for public display and to effectuate referrals,» and «derive and own analysis and derivative works from the factual listing data,» among other thingin order to make referrals exclusively to MRIS members, charge them referral fees, «rank and rate member brokers and real estate agents for public display and to effectuate referrals,» and «derive and own analysis and derivative works from the factual listing data,» among other things.