Democratic deficit resulting
from judicial rulings impacting on public policy isn't the case.
Not exact matches
The Massachusetts Democrat ran afoul of the chamber's arcane
rules by reading a three - decade - old letter
from Dr. Martin Luther King's widow that dated to Sen. Jeff Sessions» failed
judicial nomination three decades ago.
These risks and uncertainties include competition and other economic conditions including fragmentation of the media landscape and competition
from other media alternatives; changes in advertising demand, circulation levels and audience shares; the Company's ability to develop and grow its online businesses; the Company's reliance on revenue
from printing and distributing third - party publications; changes in newsprint prices; macroeconomic trends and conditions; the Company's ability to adapt to technological changes; the Company's ability to realize benefits or synergies
from acquisitions or divestitures or to operate its businesses effectively following acquisitions or divestitures; the Company's success in implementing expense mitigation efforts; the Company's reliance on third - party vendors for various services; adverse results
from litigation, governmental investigations or tax - related proceedings or audits; the Company's ability to attract and retain employees; the Company's ability to satisfy pension and other postretirement employee benefit obligations; changes in accounting standards; the effect of labor strikes, lockouts and labor negotiations; regulatory and
judicial rulings; the Company's indebtedness and ability to comply with debt covenants applicable to its debt facilities; the Company's ability to satisfy future capital and liquidity requirements; the Company's ability to access the credit and capital markets at the times and in the amounts needed and on acceptable terms; and other events beyond the Company's control that may result in unexpected adverse operating results.
This would mean, for instance, that participants in an economic transaction are bound to halt their activity whenever any one of them or any affected individual objects to it, or a criminal court judge is bound to halt the trial's proceedings if the accused dissents
from a specific
rule of the
judicial system.
The Anglo - American idea... means that the party who does not abide by certain specific decrees emanating
from a
judicial body is a contumacious person and may, as a
rule, be held in contempt of court, fined and jailed... Now, this very concept of contempt simply does not belong to the world of ideas of a Latin lawyer.
The Code of Conduct further provides in
Rule 5 (B) that a judge may engage in «avocational activities», that is «activities to improve the law, the legal system, and the administration of justice if such avocational activities do not detract
from the dignity of his office or interfere with the performance of his
judicial duties».
Far
from just being
rule takers, the EEA system gives you full single market access (except for agriculture and fisheries) inside a system of independent institutional consultation and
judicial mechanisms.
ROCHESTER, N.Y. — Suspended Rochester City Court Judge Leticia Astacio is challenging the
ruling by the Commission on
Judicial Conduct to remove her
from the bench.
One immediate takeaway
from the federal Court's congressional redistricting plan and
ruling is that incumbency protection (i.e., seniority and residence) should not be a factor when crafting a
judicial plan.
State
rules on
judicial conduct explicitly bar judges or
judicial candidates
from endorsing any other candidates for public office.
Erie County Legislator Joseph Lorigo sent a letter on Jan. 16, 2013 to Chairwoman Betty Jean Grant requesting that the Legislature hold a special session to act on his resolution that requests Erie County Clerk Christopher L. Jacobs withhold the names of pistol permit holders in Erie County
from public release until the New York State
Judicial System thoroughly reviews and
rules on freedom of information requests pertaining to gun permit holders.
Fisher, who got unanimous backing
from her district's GOP convention, ran into a late season snafu in the past month when another State Supreme Court Justice
ruled that votes taken in the Conservative Party's
judicial nominating convention in September violated election law.
Carni said the
rules of
judicial conduct prevent him
from discussing politics.
Pearce earned his B.S. in Management at the University of Phoenix in 1981 and earned four certificates
from the following institutions: Arizona State University (Advanced Executive Development), the University of Colorado, Boudler (Motor Vehicle Legal and Law College), Arizona
Judicial College (Court
Rules & Procedures for New Judges) and Harvard University (Government).
On Wednesday, the seven - member state Commission on
Judicial Compensation, a panel formed to
rule on the issue of pay hikes, heard
from several witnesses at a hearing in the Legislative Office Building.
A strict reading of the state's education code and
judicial precedents on home schooling
from the 1950s and»60s clearly supported the
ruling.
In deciding how to
rule, New Jersey's court was guided by earlier decisions on behalf of the Abbott districts, stating, «Like anyone else, the State is not free to walk away
from judicial orders enforcing constitutional obligations.»
In 1984, for example, Gary L. Bauer, then the Reagan administration's deputy undersecretary of education, ignored contradictory research
from the National Institute of Education and attributed disorder in the schools to 1970s - era
judicial rulings on students» rights.
Judge Ralph Smith of the circuit court in Tallahassee
ruled Jan. 31 that the constitutional separation of
judicial and legislative powers prevented him
from evaluating the legislature's spending priorities.
INDIANAPOLIS — The Friedman Foundation for Educational Choice released the following statement in response to a
ruling this afternoon by Eighth
Judicial District Court (Clark County, Nev.) Judge Eric Johnson in a case challenging Nevada's education savings account (ESA) program, which has attracted more than 6,000 applications since its inception despite legal challenges preventing the accounts
from operating.
Only to the extent permitted by
Rule 14d - 10 (b)(2), the Offer will exclude all holders of Shares in a U.S. state where Purchaser is prohibited
from making the Offer by administrative or
judicial action pursuant to a state statute after a good faith effort by Purchaser to comply with such statute.
The AVMA
Judicial Council can take action up to, and including, dismissal
from the AVMA in accordance with the AVMA's
Rules of Disciplinary Procedures...
In 2010 in an appeal
from a hearing officer's decision, the Circuit Court for the 11th
Judicial Circuit, Miami - Dade County,
ruled that the subjective identification of a dog as a «pit bull» by an animal control officer violated the dog's owner's right to due process.
Whether new pipelines are needed or not, both Shattuck and UCS's Rogers expect the state's Supreme
Judicial Court to
rule against the DPU decision, barring utilities
from using money
from the rate base to invest in gas pipelines once again.
In a historic decision, the U.S. Supreme Court recently blocked the EPA's carbon
rule — which the administration calls the «Clean Power Plan» —
from taking effect pending
judicial review.
Judges must also do a better job explaining why the
judicial code forbids them
from discussing cases, she said, because their silence after controversial
rulings is misread as arrogance or cowardice.
Two years ago, I wrote a post titled, In Litigation and Legal Research, Judge Analytics is the New Black, in which I discussed three products — Lex Machina, Ravel Law and ALM
Judicial Perspectives — that were extracting data
from court dockets and applying analytics to reveal insights about judges, such as how they might
rule on a specific type of motion or how long they might take to issue a decision.
One of the more radical reforms was the creation of the Civil Procedure
Rule Committee which transferred the power to amend civil procedure
from Parliament to a committee of
judicial and lay experts.
As the federal government moves to limit
judicial discretion in the sentencing of violent crimes, a recent decision
from the British Columbia Court of Appeal has reasserted the court's authority,
ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the court.
# 1 - many of the arguments derived
from the language in certain ethical
rules could just as easily be leveled against judges who have clerks write their
judicial opinions and senior partners who have junior associates write their briefs or law journal articles.
Moreover, it is apparent
from the case - law -LSB-...] that the legislation indicated «that property not belonging to private persons shall be administered and alienated according to the specific
rules applicable to them; that, in respect of property belonging to public entities, even those pursuing industrial and commercial activities, the principle of non-seizability of that property precludes recourse to private - law enforcement remedies; that only the creditor who has obtained an enforceable favourable
judicial decision having acquired the force of res judicata and ordering a public entity to pay, even provisionally, an amount of money, may have enforced the specific
rules [applicable].
This is certainly far
from the last of the
judicial development of this new settlement
rule.
Rule 9.100 of the Florida
Rules of Appellate Procedure states that a party may file a petition for writ of prohibition in an appellate court to prevent a lower tribunal
from the improper use of
judicial power.
The
ruling aims to strip immigrants of the opportunity to have a
judicial determination on whether they qualify for release
from custody.
Almost anyone who regularly toils in courthouses across Ontario — judges, prosecutors and defence lawyers — would say that despite previous
rulings on delays
from the Supreme Court and
judicial warnings
from lower courts, successive federal and provincial governments have failed to properly resource the justice system in a way that would ensure its fairness and efficiency.
More than 100
judicial rulings have relied on Wikipedia, beginning in 2004, including 13
from circuit courts of appeal, one step below the Supreme Court.
He therefore concludes that the OMT programme can be reviewed in this preliminary
ruling, also because «the alternative — namely declaring an act such as the OMT programme not actionable — would entail the risk of excluding a significant number of decisions of the ECB
from all
judicial review merely on the ground that they have not been formally adopted and published in the Official Journal» (at 89).
Previous: Law clerk accused of
ruling on cases wins
judicial election, though she is barred
from the bench
Provides information to practitioners, jurists, and the public about the law governing the awarding of attorney fees and costs with a focus on California state law and
rulings coming
from California federal
judicial forums.
Rule 53 states that the «court must not permit the taking of photographs in the courtroom during
judicial proceedings or the broadcasting of
judicial proceedings
from the courtroom.»
Current ethics
rules prohibit lawyers
from trying to influence the
judicial process so lawyers should not be blogging about ongoing cases for that reason.
Incorporation of foreign and international
rules and principles will require skills of synthesis and distinguishing that are distinct
from traditional domestic legal reasoning, and they may require appreciation of important differences in foreign / international legal, political, or perhaps even cultural context.63 International legal
rules often play a complex role in domestic law, presenting issues of interpretation and enforceability that do not easily fit within traditional domestic United States legislative, administrative, and
judicial legal structures.64 Integration or application of
rules from foreign nations may be even more complex, especially where those systems are substantially different
from our own.65 Additionally, there may be discrepancies between the form and function of foreign or international law that affect their proper application.
Following the appeal court's
ruling, complaints about Camp's behaviour
from members of the public, law professors and law students rolled into the Canadian
Judicial Council.
Even though the «Child's Best Interests Principle» is considered by every country while deciding child issues, due to the differences in domestic laws and
judicial practice, the biggest difficulty is how to enforce the decisions
ruled by courts
from other legal jurisdictions by the actualities in China.
«For this reason, I'm not convinced that the UNCITRAL
rules are the solution; the DRC must first establish a state of law and
judicial system which exists independent
from the government.»
Won publicized
ruling from the Massachusetts Supreme
Judicial Court establishing that a product manufacturer had forfeited its personal jurisdiction defense by defending on the merits.
The Massachusetts Supreme
Judicial Court gave a boost to on - line legal education (and declined to bow down to the ABA) recently when it allowed a graduate of Concord Law School, an entirely on - line law school owned by Kaplan, Inc., to sit for the Massachusetts Bar Exam, despite a state
rule that prohibits graduates
from unaccredited -LSB-...]
Indeed, it is not because the data retained can be accessed and used by police and
judicial authorities for criminal investigations that the data retention
rules, which address private actors providing electronic communications services (service providers), would themselves be excluded
from the scope of the Directive (§ § 87 - 97).
From such an assessment of the
rules, the Court suddenly jumped to the conclusion that «in those circumstances, a decision by which the Parliament considers that a petition addressed to it does not meet the conditions laid down in Article 227 TFEU must be amenable to
judicial review, since it is liable to affect the right of petition of the person concerned.
«A candidate taking a political position in the course of a campaign is different
from the role of a judge making a
ruling in the
judicial process,» said White House spokeswoman Dana Perino.»