Sentences with phrase «federal court decisions in»

As well as reviewing the changes to the native title system, I consider four significant Federal Court decisions in this year's Native Title Report.

According to my research state courts must follow federal court decisions in federal matters.

Super PACs, technically known as independent expenditure - only committees, emerged nationwide in 2010 after federal court decisions in the Citizens United and SpeechNow.org cases.

A federal court decision in 2014 (England v. Hatch) found that the system in use since the 1990s is unconstitutional.

Recently, in Abdi v. Karnes, he obtained a 2008 federal court decision in favor of the mother of a mentally ill teenager who was shot and killed by sheriff's deputies.

The Federal Court decision in Thoi Bao Inc. v. 1913075 Ontario Limited involved a former employee of the plaintiff developing and operating a competing online news website that infringed on the plaintiff's trade - marks and copyrighted content.

[175] In my respectful opinion, a close reading of both the Federal Court decision in Attorney General of Canada v. Johnstone and CHRT, 2013 FC 113 (CanLII) and the Federal Court of Appeal decision in the appeal from that decision... reveal a recognition of the difficulties associated with a low threshold.

As Justice North stated in his dissenting judgment in Full Federal Court Decision in Miriuwung Gajerrong:

In my Native Title Report 2007, I summarised the Full Federal Court decision in Blue Mud Bay.

This aspect was not subsequently addressed in the High Court's ruling in the Wik case, and the first instance decision on mineral rights has since been judicially doubted because of subsequent High Court rulings about government «ownership» of resources: Justice North in the (minority of) the full Federal Court appeal decision in Ward - v - Western Australia observed of the Federal Court decision in Wik that «the conclusion that the mining legislation in Queensland conferred full beneficial ownership on the crown sufficient to extinguish native title can not be regarded as correct» (2000) 170 ALR 159 at para 843.

The WA government has advised that the guidelines have been under review since the 2002 High Court decisions in Ward (59) and Yorta Yorta (60) and the Federal Court decision in De Rose.

117 op.cit., per Gleeson CJ, Gaudron, Gummow & Hayne JJ at [63]; also Full Federal Court decision in Western Australia v Ward & o'rs [2000] FCA 191 (3 March 2000) per Beaumont & Von Doussa JJ at [245](with whom North J agreed at [682]-RRB-.

Since the Full Federal Court decision in De Rose, [70] the Courts have repeatedly rejected the need for «on - going or continual physical occupation of the land» by the claimants.

The recent Federal Court decision in De Rose [64] also provides direction on these issues.

The recent Federal Court decision in De Rose also demonstrates this trend towards limiting the recognition of Indigenous relationships to land.

The check is all the more important following the Federal Court decision in Holt v Manzie [1], in which Olney J held that the Administrative Decisions (Judicial Review) Act does not apply to expedited procedure decisions.

Justices Beaumont and von Doussa in the majority of the full Federal Court decision in the Croker Island case endorsed Justice Olney's finding that only non-exclusive cultural and subsistence rights could be recognised by the court.

Consideration of how coexistence might work in relation to pastoral leases may be found in the majority judgement of the full Federal Court decision in Miriuwung Gajerrong.

«There's been a lot of interest in these issues, particularly in light of the recent federal court decision in Mississippi,» says Robert Saunier, the newly elected president of ARELLO.

Not exact matches

I find it instructive to look at the specifics of Edwards» predicament, and the curious decision to prosecute in a federal court what was, while morally inexcusable, private behavior involving chiefly the wronging of a spouse.

«While we had significant victories in the federal district courts in New York and Boston and the Second Circuit Court of Appeals, the reversal of the Second Circuit decision in June by the U.S. Supreme Court has proven difficult to overcome,» Kanojia conceded in a blog post titled «The «Next Chapter.»

The ITC's decision came as the two companies faced off in the U.S. Court of Appeals for the Federal Circuit in Washington.

In this milestone week, with rulings that gutted the Voting Rights Act and overturned the federal Defense of Marriage Act, the court also made decisions that favored businesses.

The duty to consult with First Nations resides with the Federal government — as Chief Justice McLachlin wrote in the 2004 Haida Nation v. British Columbia [2004] decision of the Supreme Court, «the ultimate legal responsibility for consultation and accommodation rests with the Crown.»

THE OUTCOME: MGM appealed CIPO's decision in federal court and this March, finally won.

In March, the board took the unusual step of filing its latest decision with the Federal Court for judicial enforcement because it expected CP to ignore its orders.

Should the decision end in a draw, the ACA could mean different things in different states, depending on federal court of appeals rulings, legal experts say.

(Even though, ironically, they may now marry in many of the same states, thanks to a Supreme Court decision from 2012 allowing same sex marriage on a federal level.)

EPA first tried to ban the use of asbestos in 1989, but its decision was struck down two years later by a federal appeals court that ruled the agency had exceeded its authority.

Over the weekend, Horgan's government announced it will challenge that decision in the Federal Court.

This decision probably shouldn't have been a surprise, because it basically said that the court's 2010 decision in the Citizens United case, upholding the right of corporations to spend money in federal elections, applies to the states as well.

A group of 17 states plan to file a lawsuit in federal appeals court challenging the Trump administration's decision to declare vehicle emissions rules through 2025 «not appropriate.»

IT»S out — the important decision that's been stewing in the Federal Court and now has the retail world clucking with concern.

Six environmental groups on Thursday filed a lawsuit against the Trump administration in a federal court in Montana to challenge its decision to approve construction of the controversial Keystone XL pipeline.

CARACAS Venezuela on Thursday scorned a $ 2.04 billion award to ConocoPhillips over a decade - old nationalization as the U.S. oil producer filed suit in a federal court to enforce the decision.

The outcome of that $ 85 billion merger - in - the - making depends on a case in federal court, which is pending the decision of the judge.

The judge said in a 91 - page decision that, while the Army Corps substantially complied with the National Environmental Policy Act, federal permits issued for the pipeline violated the law in some respects, saying in a court order the Corps did not «adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice.»

In a major decision, the Supreme Court on Thursday ruled 6 - 3 that the federal subsidies that help nearly 6.4 million people pay for their Affordable Care Act health plans are legal under the Affordable Care Act.

Not one executive of any major Wall Street firm that caused the financial crash in 2008 through fraudulent activities was prosecuted by the U.S. Justice Department — which was headed at the time by law partners from Covington & Burling — the Big Tobacco law firm that was singled out in a Federal Court decision for hiding the deadly effects of cigarette smoke for decades.

According to the Federal Court's recent decision in Taseko Mines Ltd v Canada (Environment), «a project of such magnitude as the one considered in the present case [an open - pit gold and copper mine in British Columbia] will likely have impacts in areas of both provincial and federal responsibility.Federal Court's recent decision in Taseko Mines Ltd v Canada (Environment), «a project of such magnitude as the one considered in the present case [an open - pit gold and copper mine in British Columbia] will likely have impacts in areas of both provincial and federal responsibility.federal responsibility.»

The city of Burnaby filed for leave to appeal the NEB decision in February, but the Federal Court of Appeal denied its application last week.

As a federal court stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.&rcourt stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.&rCourt: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.»

And should the Supreme Court be unwise enough to impose same - sex marriage on the whole country, the decision will be greeted not like Loving v. Virginia (overturning antimiscegenation laws in 1967), as an achievement of obvious justice, but like Roe v. Wade, with a tireless movement dedicated to overturning its obvious injustice, and a reinvigorated effort to pass a federal marriage amendment.

Federal Courts determined that the Mormon Church is not the original Church led by Joseph Smith as the decision over ownership of the only surviving Church from Joseph Smith's life, Kirkland Temple in Ohio; the Federal Court rejected the Mormon Church's claim of ownership.

The federal government now swept past all the barriers that once had put up resistance — as in extending controls on local schools or bringing under the review of federal courts the decisions made on hiring and firing in private businesses, even small colleges.

He suggests that, in agreement with Lincoln, Supreme Court decisions should be binding only on the litigants and not on other branches of the federal government, nor on other states, as the case may be.

The most celebrated example of Federal intervention in state and local school affairs is the 1954 racial desegregation decision of the United States Supreme Court.

(While Malaysia's federal court is the highest in the country, the BBC says the Catholic Church could still call for a review of the decision.)

A federal appeals court had ruled in favor of school officials in Plano, Texas, on the liability question, and the justices without comment let that decision stand.

Therefore, they contended that a lower federal court in Little Rock had no constitutional authority to order the desegregation of public schools in Arkansas on the basis of the Brown decision.