Sentences with phrase «generally applicable law»

Some of these cases they won and some they lost, but in none of them did the Witnesses claim or receive an exemption from an otherwise generally applicable law.

I also do not think that any religion should be exempt from any generally applicable law.

The decision in Smith held that the First Amendment provided no special protection for religious liberty claims brought against «generally applicable laws.»

In about 30 states, religious actors can challenge even generally applicable laws by using religious freedom statutes (modeled on the federal Religious Freedom Restoration Act) or state constitutional rulings.

In the HHS mandate cases, generally applicable laws are being challenged by large, mainstream faith communities.

The Religious Freedom Restoration Act is a 1993 federal statute designed to resolve conflicts between generally applicable laws and religious beliefs.

According to a fairly controversial Supreme Court decision about a decade ago, the free exercise clause does not prohibit a state from applying religiously neutral and generally applicable laws to religious institutions or individuals.

There's a more appealing argument — and I think this is where user6726 was coming from — that this turns the generally applicable laws against solicitation into a content - based restriction.

Not exact matches

When used properly, click - through agreements are highly effective and will generally be held up in court, provided that the actual terms in the click - through agreement comport with applicable law.

Under RFRA, if a plaintiff can show a given law, even if generally applicable (i.e. not directly targeting religious practices), places a «substantial burden» on religious exercise, the law will not stand.

Under the Free Exercise Clause, the government usually can require that religious groups follow «religion - neutral, generally applicable» laws.

Since most laws (possibly including the contraceptive mandate at issue in the Hobby Lobby case) are generally applicable, Smith in effect meant that the government could prevail over...

The rationale for the test is that the more exemptions or accommodations a law provides, the less generally - applicable the law is, and the less likely the legislature viewed the law's purpose as a truly compelling interest.

In Smith, Scalia referenced a «parade of horribles» if religious exercise claims were allowed to override otherwise generally - applicable, religiously - neutral laws and I believe this decision will invite these types of challenges.

Where laws and / or regulations do not exist or are in conflict with generally accepted best practice, suppliers should adopt the highest standard applicable to their situation by reference to leading safety standards such as the Global Food Safety Initiative and Global G.A.P. McCormick expects that all agricultural suppliers will take steps to ensure that agricultural products can be traced back to their source of origin regardless of whether or not this is legally required.

It is helpful to understand that a lot of language contained in statutes do not create private law obligations (i.e. things that you could sue another private individual over) or generally applicable public law obligations (e.g. crimes and tax laws applicable to ordinary individuals).

If an item is subject to sales tax, in accordance with state tax laws, the tax is generally calculated on the total selling price of each individual item, including shipping and handling charges, gift - wrap charges and other service charges, less any applicable discounts.

The state board finds that a school has failed to adhere to terms of its charter, has failed to comply with generally accepted standards of fiscal management, or has violated applicable laws, or finds evidence that the continued operation of the school would be contrary to the best interests of the students or the community.

Board members also heard from Louisiana Association of Public Charter Schools executive director Caroline Roemer Shirley, who discussed the importance of following applicable laws, getting parents involved, and the educational landscape in Louisiana generally.

Generally applicable provisions» (A) DEFINITIONS. - In this chapter, the following definitions apply:» (1) CONTINGENT COMMITMENT. - The term «contingent commitment» means a commitment to obligate an amount from future available budget authority that is -» (A) contingent on those funds being made available in law at a future date; and» (B) not an obligation of the Federal Government.

In my view, even if statutes of limitations periods should be considered as forming part of procedural law, this would not mean that they are exempted from the EU general principle of legal certainty and that they can be modified on a case - by - case basis by courts, arbitrarily, without any clear and generally applicable legislative guidance.

Such a licensed and retained attorney generally has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and who is familiar with the applicable law.

Further, we generally deal with matters having an otherwise close connection to Switzerland, especially if Swiss law is applicable and / or if there is jurisdiction in Switzerland.

On the other hand, we have a generally applicable privacy law (PIPEDA) and some provincial equivalents, plus personal health information laws in most provinces.

And in fact, it has been the law in Quebec since the 90s that (software) licenses are not sales contacts, nor are they leases, but are rather sui generis contracts governed by the legal regime applicable to all contracts generally — as opposed to the «sales» or «lease» contractual regimes in the Civil Code.

Generally, we do not disclose your personal information to third parties without your consent unless permitted or required by applicable laws or court orders.

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.

One can think of three levels of applicable rules for e-communications that affect identification (the list is from Thomas Smedinghoff of the US, a tireless advocate of identity management principles): the most general level is legislation validating electronic communications generally, such as the UN Model Law on Electronic Commerce, widely implemented around the world, including in Canada.

If there are insufficient assets to satisfy all creditors then the estate is bankrupt and applicable bankruptcy laws kick in; generally secured creditors are paid and unsecured creditors divide up whatever is left in proportion to their debt.

Generally, we provide that if under applicable law a parent has authority to act on behalf of an unemancipated minor in making decisions relating to health care about the minor, a covered entity must treat the parent as the personal representative with respect to protected health information relevant to such personal representation.

This service reviews and scrutinizes legal bills against any billing guidelines, service level agreements, applicable laws, and other generally accepted standards that address client key pain points.

However, communications with an individual who not entitled to practice law based on the requirements and regulations of the applicable law society will generally not be covered by solicitor — client privilege.

Since my clients are sophisticated professionals, they are generally aware of their obligations and restrictions under the law, and seek counsel on specific issues within the myriad of laws and regulations applicable to them.

In order to generally improve case law publisher's ability to ascertain that a publication ban order actually applies to a case, LexUM and other publishers are involved in an initiative, through the Canadian Citation Committee and the Canadian Judicial Council, to implement a standard that courts can use to alert publishers about applicable bans on publication.

If, under the flexibilities described here, employer group members enrolled in a SHOP QHP needed to file an appeal related to their SHOP coverage, they generally would file the appeal directly with the insurance company, or could take advantage of other appeals mechanisms under applicable State and Federal law.

Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

Similarly, while Facebook claims in their Terms of Service that anything you delete also gets deleted from their servers, they also state that «the removed content may persist in backup copies for a reasonable period of time (generally, for a maximum of 90 days...)» and will be held for longer «if required by applicable law, order of any government agency or judicial body, or the like».

It is not intended as guidance on special measures generally — for broader guidance on special measures, including applicable principles of international human rights law, please see Guidelines to understanding «Special measures» in the Racial Discrimination Act 1975 (Cth).

There are generally many applicable laws that may be applied that RE investors or small mortgage lenders will unlikely ever be aware of.

You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to «spam» or other such unsolicited mass e-mailing techniques; (b) disclose or share the assigned confirmation numbers and / or passwords with any unauthorized third parties or use the assigned confirmation numbers and / or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the Content without our prior written permission, provided that generally available third party Web browser such as Firefox, Microsoft Internet Explorer ® may be used without such permission.