Sentences with phrase «governing standard of review»

The Court's attempt to articulate rules governing standard of review is like a baseball coach trying to develop a set of rules for players to use when deciding whether to swing, when the appropriate advice is both simple and incapable of more precise articulation: swing at a strike; don't swing at a ball (or, alternately, swing at a pitch you have the skill to hit, and leave the rest alone).

Not exact matches

Because there are no standards governing publication of information that has been made available online prior to peer - review, some journals will not publish papers that include such data.

Research on patients is governed by national and international standards - particularly the Helsinki declaration - and no reputable hospital review board would have endorsed the kind of fishing expedition Wakefield embarked on for Barr.

However, North Carolina is also a governing member of the Smarter Balanced consortium, which works to review Common Core standards and develop nationally normed assessments around them.

asks the National Assessment Governing Board (NAGB), in consultation with relevant constituencies and upon review of existing standards, with creating rigorous and voluntary core

But, from what I read, it appears that there is no single set of standards in play and governing the peer review process, and many standards appear to be nothing more than tacit understandings often interpreted differently if for no other reason than that the standards are rarely even discussed.

Horvath will also lead a full review of Smithsonian ethics and disclosure policies governing the conduct of sponsored research to ensure they meet the highest standards.

Horvath will also lead a review of Smithsonian ethics and disclosure policies governing the conduct of sponsored research to ensure they meet the highest standards, according to the Smithsonian announcement.

In that context today, a more forgiving arbitrary - and - capricious standard of review governs such open - ended policymaking.

Inter partes review and other post-grant proceedings under the America Invents Act, changes to legal standards governing patent eligibility, and increasingly stringent review of patent damage awards have all combined to alter substantially the risk profile associated with patent licensing and enforcement.

In addressing the standard of review, the court noted the Administrative Tribunals Act, S.B.C. 2004, c. 45 did not apply, as APEG's governing statute did not refer to it.

In the United States, standards of review are (sometimes nominally) governed by a statute, the Administrative Procedure Act («APA»), which separates questions of law, fact, and policy.

CPLR 7501 et seq. similarly sets forth the standards for judicial review of arbitration awards for arbitrations governed by New York State procedures, and similarly limits the court's authority to vacatur of the Award — not a sanction against the attorney, much less an award of treble damages.

Another interesting aspect (solely from a Canadian point of view) is that Mactavish J. suggested (at para. 43) that the standard of review should be reasonableness, given that the Commission was interpreting its governing statute and should therefore be accorded deference.