Sentences with phrase «immunity law as»

Not exact matches

The doctrine of interjurisdictional immunity (IJI) holds that a provincial law that impairs the core competence of a federal head of jurisdiction (in this case the TransMountain pipeline as a federally regulated interprovincial work or undertaking) will be inapplicable to the federal matter.

It was only if those requirements were relaxed as a matter of federal law that it would become necessary to consider if those requirements could continue to apply ex proprio motu, or if they were inoperative or inapplicable by virtue of the doctrines of paramountcy and / or interjurisdictional immunity.

Lead author Sara Chrisman of the Harborview Injury Prevention and Research Center in Seattle, Washington, viewed the finding that concussion education requirements for coaches under the state's first - in - the - nation «Lystedt Law» were being closely followed by public high schools in Washington State as «very encouraging but not surprising,» noting that schools had an incentive to follow the law because it provides legal immunity from litigation for schools that follow it correctLaw» were being closely followed by public high schools in Washington State as «very encouraging but not surprising,» noting that schools had an incentive to follow the law because it provides legal immunity from litigation for schools that follow it correctlaw because it provides legal immunity from litigation for schools that follow it correctly.

School districts in some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchens.

The governor also said the similar issue that happened at the end of his first tenure is about repeating itself and urged the anti graft agency to respect the law as he enjoys immunity, adding that they should not to be in an hurry as he will submit himself to them when he finish his administration.

«I am here in Zenith bank, Ado Ekiti, I got a wind that the EFCC blocked my account and the accounts of some of my associates and I see this as very illegal, if you want to fight corruption, you fight corruption based on the rule of law, I am a sitting governor and under section 308 of the Nigerian constitution, I enjoy immunity.»

This gives immunity from prosecution for people who disclose information such as dangers to health and safety, breaches of the law, and miscarriages of justice.

The U.S. Supreme Court agreed last week to reconsider one of its important precedents on qualified immunity, which protects public officials such as educators and police officers from liability when their challenged actions did not violate clearly established law.

The case concerns whether teachers or other school personnel - required by state law to serve as mandatory reporters of suspected child abuse - are entitled to qualified immunity.

«(c) IMMUNITY - All individuals serving as arbitrators in an alternative dispute resolution program under this chapter are performing quasi-judicial functions and are entitled to the immunities and protections that the law accords to persons serving in such capacity.».

There are canine vaccines that are required by law, vaccines that provide immunity for widely spread infectious diseases and optional vaccines (such as those against lyme disease or leptospirosis).

With the new research being done on rabies immunity http://www.rabieschallengefund.org, hopefully research will soon be published documenting very long term immunity to rabies as well as likely 5 - 10 years at least, so that hopefully we can get the laws changed.

You'll need to discuss the revaccination schedule with your veterinarian, as it will depend on local or state laws and the duration of the vaccine's immunity.

All privileges and immunities of the German nobility as a legally defined class were abolished on August 11, 1919 with the promulgation of the Weimar Constitution, recognising all Germans as equal before the laws of their country.

(In most jurisdictions, titers are not legal proof of rabies immunity, and even a high titer will not exempt the animal from vaccination for rabies as required by law.)

In the case of airline frequent flier programs and their credit card - based programs, attempts to regulate them years ago through the National Association of Attorneys General (NAAG) failed as it kicked the regulatory process back to Congress, which pretty much gave airlines immunity from these types of laws.

And the state lists UVA as a state agency, and the court has for at least 30 years stated that state universities enjoy the immunity from various laws given other state agencies.

[U] nder customary international law as it presently stands, a State is not deprived of immunity by reason of the fact that it is accused of serious violations of international human rights law or the international law of armed conflict.

The school countered that the plaintiff assumed the risk of the activity by voluntarily participating in the game, and it also argued that, as a matter of law, the school was entitled to immunity because the decision to have the students play floor hockey was a discretionary government function.

[Where state trooper took affirmative action of allowing police dog to be off leash, there is no immunity from suit; actions for personal injury caused by police dog will be analyzed under the dog bite common law, whether the owner of the dog knew or should have known of the dog's vicious propensities, as the Massachusetts Tort Claims Act does not permit actions under strict liability.]

The Court's reference (Tsilhqot» in at para 136) to R v Marshall, [1999] 3 SCR 533 as support for the proposition that interjurisdictional immunity does not apply where provincial legislation conflicts with treaty rights is also puzzling, as the applicability of provincial law was not at issue in that case — Marshall involved a prosecution under federal legislation, the Fisheries Act.

However, under the recently passed legislation amending the Peer Review Law, physician practice groups are now free to establish their own peer review committees with the same powers, immunities, and other protections as those established by hospitals and other entities.

The pleas of state immunity fail, as the interests or activities covered by the UN Convention on Jurisdictional Immunities of States and their Property 2004, art 6 (2)(b) do not include reputational damage suffered by foreign states if it is proven that foreign officials acted contrary to their own laws.

In particular, as part of a more qualitative approach, one needs to have a look whether the current perceived «turbulences» have also by now reached the more fundamental layers of international law, i.e. meta - rules such as the ones on sources, State responsibility, State immunity, treaty interpretation, or res judicata effect of international court decisions must be abided by the parties involved, to name but a few, the general acceptance of which is indispensable for a functioning international legal system.

Until now, a 1976 law has prevented this, as it gave foreign nations immunity to lawsuits from US courts.

The regulator also requested the claim be dismissed summarily as the law society is subject to immunity pursuant to section 110 of the province's Law Society Alaw society is subject to immunity pursuant to section 110 of the province's Law Society ALaw Society Act.

They recognised that the tide was turning against immunity and concluded their judgement as follows: «In the light of the developments currently underway in this area of public international law, this is a matter to be kept under review by contracting parties.»

Advising an international organization that functions as a Central Bank on its legal personality and immunity under both international law and UK law and on UN and UK economic sanctions

His expertise spans issues of state responsibility, treaty law, immunities from jurisdiction, justiciability and act of state as well as international humanitarian law and international human rights law.

This case dealt inter alia with state immunity, as well as issues relating to Philippines, Swiss and Hawaiian / US law and their applicability to the proceedings in Singapore.

However, as Pennsylvania sovereign immunity laws limit damages for personal injury claims against public agencies, Zauflik is unlikely to see this full amount.

The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity cases).

As far as common law doctrines go, though, this area is a little unsettled: the Supreme Court of the United Kingdom limited the immunity for expert witnesses in Jones v Kaney [2011] UKSC 13; [2011] 2 AC 398, departing from centuries of authoritAs far as common law doctrines go, though, this area is a little unsettled: the Supreme Court of the United Kingdom limited the immunity for expert witnesses in Jones v Kaney [2011] UKSC 13; [2011] 2 AC 398, departing from centuries of authoritas common law doctrines go, though, this area is a little unsettled: the Supreme Court of the United Kingdom limited the immunity for expert witnesses in Jones v Kaney [2011] UKSC 13; [2011] 2 AC 398, departing from centuries of authority.

She recently acted for an intervenor in World Bank Group v. Wallace, which represents a significant development in the law, standing as one of only two SCC decisions addressing the scope of international organizations» immunities and privileges.

foreign states are not entitled to immunity under customary international law as to most, if not all, activity that constitutes human rights offenses.

In doing so, it placed especial emphasis on the fact that a similarly structured provision was dropped from the final text of the UN Convention on Jurisdictional Immunities for States and their Properties 2004, as it was considered contrary to the principle of non-discrimination on grounds of nationality, one of the cornerstones of international law.

The agreement of the parties that the issue of state or sovereign immunity is a question of procedural law in itself is sufficient to defeat the argument put by Counsel for the KRG that this Court should not decide issues of such immunity, whether as to its existence as a doctrine in the UAE and the DIFC, or its ambit or extent, (whether absolute or restrictive) or any issues of waiver.

Today, his firm, The Branch Law Firm, is nationally recognized for its involvement in a leadership capacity in a number of mass torts as well as being instrumental in a New Mexico state law overturning sovereign immuniLaw Firm, is nationally recognized for its involvement in a leadership capacity in a number of mass torts as well as being instrumental in a New Mexico state law overturning sovereign immunilaw overturning sovereign immunity.

The Court's own reasoning appears at paragraph 392 where it is said that the rationale of immunity remains the par in parem principle and that «the common law rule as to waiver is consonant with elementary good sense by requiring an unequivocal submission to the jurisdiction of the forum state at the time when the forum's state's jurisdiction is invoked against the impleaded state.

The submission that the issues which arise here were matters for the Executive or Legislature under Article 120 of the UAE Constitution because they concerned foreign affairs and questions of public policy (ordre public) or a matter for the UAE Supreme Court if there was any serious issue / doubt under the Constitution as to the organ which should determine such questions, falls away once it is seen that waiver of immunity is a question to be determined by the judiciary as part of the contractual and procedural law of the DIFC.

If reference is made to what Counsel for the KRG also described as the embodiment of customary international law, namely the 2004 Convention (see Lord Bingham's comments to which I have just referred), Article 7 is clear in providing that «a state can not invoke immunity from jurisdiction in a proceeding before a court of another state with regard to a matter or case if it has expressly consented to the exercise of jurisdiction by the court with regard to the matter or case» either «(a) by international agreement; (b) in a written contract; or (c) by a declaration before the court or by a written communication in a specific proceeding.»

The English Court of Appeal in that case recognised that immunity from execution fell into a different category from immunity from suit, as has been recognised historically by the common law courts in different jurisdictions.

The Court of Cassation rejected that defence of state immunity, founded, as it appeared to be, on the two conventions referred to, stating that the jurisdiction of the Dubai Courts includes all disputes save for those of a special nature as set out in Article 102 of the UAE Constitution and laws, decrees, bye - laws regulations, orders and instructions issued by the Ruler or His duly appointed delegee.

It was held that the agreement of the parties that the issue of state or sovereign immunity is a question of procedural law in itself was sufficient to defeat the argument put by Counsel for the KRG that this Court should not decide issues of such immunity, whether as to its existence as a doctrine in the UAE and the DIFC, or its ambit or extent, (whether absolute or restrictive) or any issues of waiver.

Lord Collins» judgment on this point is referred to by Lady Fox in her book, The Law of State Immunity (3rd Edition) at page 379 as the corrected view of the law prior to the 1978 ALaw of State Immunity (3rd Edition) at page 379 as the corrected view of the law prior to the 1978 Alaw prior to the 1978 Act.

If, as appears below, international law concepts of state immunity are taught as part of the education of lawyers in the UAE, had the doctrine been seen as even arguably that of the UAE, the point would have been argued differently.

The KRG sought to argue for such a body of common law, including state immunity as recognised generally by common law courts throughout the world, to be treated as part of the law of the DIFC, because it was said to incorporate, in turn, customary international law in relation to state immunity.

(a) because the law of state immunity had to be the same in DIFC as in the UAE as a whole, issues of state immunity were matters for the UAE to determine and not for the courts of Dubai or the DIFC;

She pled that its governmental immunity was waived under the Texas Tort Claims Act (the TTCA) because the injuries had been caused by a property defect that presented an unreasonable risk of harm, about which the county had actual knowledge and she didn't, and for which the county should be held accountable under Texas law, as it would be if it were a private property owner.

Co-presenter at the 2014 MLRC / NAA / NAB Media Law Conference in Reston, VA, leading discussion on current First Amendment topics in areas such as defamation, publication torts, and Section 230 Immunity.