Not exact matches
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In Smith, the Court interpreted its First Amendment decisions as holding «that the right of free exercise does not relieve an individual of the obligation to comply with a «valid and neutral law of
general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes)»» (id.
While MNC is spare and abstract, it is quite accessible,
in part because
general ontology does not depend on detail of
applicability and relevance for its persuasiveness or intelligibility.
The fact is that when courts have applied the «compelling state interest» standard
in the past, religiously required exemptions from laws of
general applicability have not done well at all.
The USPSTF found evidence that treatment with CPAP can improve
general and sleep - related quality of life
in populations referred for treatment, but the
applicability of this evidence to screen - detected populations is unknown.
«That is great news for the example application, and if it can be shown to have wider
applicability, great news for switching chemistry
in general.»
«Due to the
general applicability of pyrolysis for plastic conversion to an oil and the large number of microorganisms capable of PHA accumulation from a vast array of molecules, the principle of the process described here can be applied for the recycling of any petrochemical plastic waste,» the scientists claim
in the paper presenting their findings
in the April 1 issue of Environmental Science & Technology.
Paradoxically,
in order to promote viable peace
in the Great Lakes region
in general and
in Rwanda
in particular, the declaration of
applicability of Articles 1C (5) and 1C (6) was made
in 2003 and their implementation as applied to all Rwandan refugees was initially set for 31 December 2011, then postponed to 30 June 2012, then finally set for 30 June 2013.
Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 601 with respect to such program or activity by issuing rules, regulations, or orders of
general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance
in connection with which the action is taken.
«Certainly
in the future we'll be evolving our systems and tech and maybe these
general and vague statements will have brief
applicability,» he said, before finishing - «But right now?
While I may disagree with you on some of the details of radiative energy transport
in the atmosphere and the
applicability of simple models, I am
in general agreement with your views
in this post.
Simplistic without the grace of simplicity, generality - strewen without
general applicability, relying on inference from dataset rather than mathematical analyses of data, following none of the usual rules of hypothesis testing nor verifiability, unvalidated, sometimes specious and occasionally jumping from the subject to throw
in a slide about a red dot on a grid that could only be described as propaganda, unless one chooses to describe it as false, the «Pope Theory» is far from infallible.
The Yamal reconstruction, specifically, was not produced
in isolation — it is not the first to reconstruct temperatures
in this region, so its
general applicability can be judged within the context of related work.
[Response: Your argument misses the point
in three different and important ways, not even considering whether or not the Black Hills data have any
general applicability elsewhere, which they may or may not: (1) It ignores the point made
in the post about the potential effect of previous, seasonal warming on the magnitude of an extreme event
in mid summer to early fall, due to things like (especially) a depletion
in soil moisture and consequent accumulation of degree days, (2) it ignores that biological sensitivity is far FAR greater during the warm season than the cold season for a whole number of crucial variables ranging from respiration and photosynthesis to transpiration rates, and (3) it ignores the potential for derivative effects, particularly fire and smoke,
in radically increasing the local temperature effects of the heat wave.
Whether or not RCMP officers are or can ever be employees of the provincial government is,
in our view, an open question, which may cast doubt on the
general applicability of the reasoning of the Court of Appeal.
Congress passed RFRA
in 1993, which required that» [g] overnment shall not substantially burden a person's exercise of religion even if the burden results from a rule of
general applicability, unless the government demonstrates that application of the burden to the person --(1) is
in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest».
In Lafarge (British Columbia (Attorney
General) v. Lafarge Canada Inc., [2007] 2 SCR 86, 2007 SCC 23) and Mangat (Law Society of British Columbia v. Mangat, [2001] 3 SCR 113, 2001 SCC 67) the court held that the
applicability of certain provincial laws to regimes governed by federal legislation constituted a conflict between intended purpose of the relevant federal legislation and the provincial legislation that triggered the application of the doctrine of paramountcy.
With respect to the
applicability of s. 15 of the Charter, the Court of Appeal confirmed that the relevant inquiry was set out by Abella J.
in Quebec (Attorney
General) v. A, 2013 SCC 5 (CanLII).
Note on
Applicability: These principles also apply to trade
in services under the
General Agreement on Trade
in Services (GATS) and the Agreement on Trade - Related Aspects of Intellectual Property Rights (TRIPS).
The requirement of
applicability to both parties
in their interrelationship is a
general structural idea to which particular substantive elements of liability, whatever they are, have to conform if they are to be fair to both parties and coherent with one another.
Parts of the EAT's decision
in the appeal are specific to road transport workers; other parts are of
general applicability to all workers.
I'm just a bit less confident
in the
general applicability of their forecast than I am about (say) predicting the coming ubiquity of self - driving cars.
It gives a lot more protection than the rule that laws have to be religiously neutral, which is why you have cases like Hobby Lobby (
in which a federal law requiring employers to pay for contraception, though religiously neutral and of
general applicability, was ruled to not apply to companies with religious objections to contraception).
(a) Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of
general applicability, except as provided
in subsection (b).