Sentences with phrase «in unjust»

Over the decades, government officials, judges and medical professionals have engaged in unjust practices including forced sterilization of women deemed «unfit» to have children, offers of financial incentives to welfare recipients who use long - term or permanent contraception, and reductions in jail time for offenders who agree to use contraception.

the requirement to mediate in «good faith» could be applied in an unjust way to native title claimants and their representatives;

Once again, the decision highlights how the Native Title Act and its procedures for a determination often result in unjust outcomes.

The main criticism of the compensation approach is that in some instances this can result in an unjust result and a windfall for the agent.

I am left hoping that Ellis will have the energy to pen or contribute to another book, consisting of much the same material as is found in Unjust By Design, but presented in a manner accessible to lay readers and capable of concretizing their concerns and firing their sense of aggrievement.

A subcontractor who fails to register a construction lien faces an uphill battle in asserting a claim in unjust enrichment against the owner.

Second, Kerr introduces the concept of «joint family venture» and a new remedial framework for spouses who successfully prove a cause of action in unjust enrichment.

Sales J's decision also discusses the appropriate test of causation for a personal claim in unjust enrichment.

This appeal considered whether the claimants have a direct mistake - based action in unjust enrichment against the defendant on the basis that the defendant was enriched at the claimant's expense by the mistaken payment of VAT, and whether the claimants» cause of action against HMRC in unjust enrichment for the recovery of VAT was excluded by the Value Added Tax Act 1994, s 80 (7).

The Supreme Court also held that, even if the claimants had in principle been able to make out a claim in unjust enrichment, such a claim would have been excluded by the Value Added Tax Act 1994, s 80 (7), which sets out arrangements for the supplier to reimburse the consumer, subject to a limitation period, removing the need for the consumer to have a direct remedy against the defendants.

However, there are some key questions that anyone with an interest in net neutrality can address including questions about how network management could result in unjust discrimination or undue preferences as well as how network management could result in controlling content or influencing telecommunications.

For example, Mahatma Gandhi's Satyagraha («insistence on truth») adopted a similar view of one's moral obligation not to participate in an unjust regime (Vinit Haskar, «The Right to Civil Disobedience» (2003) 41 Osgoode Hall LJ 407 [Haskar]-RRB-.

Unjust enrichment is often referred to as «quasi-contract,» but in reality the lack of a contract between parties is what actually results in the unjust enrichment.

In order to succeed in an unjust enrichment claim, Fred would need to prove that Al has been enriched, that he, Fred, has suffered a corresponding deprivation, and that there is no juristic reason for the enrichment and deprivation.

Criticism of or comments on the views of Ernest Weinrib from the University of Toronto, who argues in The Idea of Private Law that corrective justice is the foundation of private law, and the late Peter Birks of Oxford University who sought in An Introduction to the Law of Restitution and in Unjust Enrichment, (both editions) to find a unified concept for the law of restitution and to reorganize private law, or at least the law of obligations as he would call it, around Romanist categories, could have been offered as a sub-title.

That may not create bad behaviour by prosecutors, but it may provide more opportunities for its occurrence — i.e., for prosecutors to take advantage of power differentials in an unjust way.

For instance, in Gignac Sutts & Woodall Construction Co. v Harris, (1997 CarswellOnt 2915) the amount claimed by the applicant was founded in unjust enrichment and had not been billed or payment demanded when the action was commenced.

The Supreme Court of Canada has addressed the potential for MMPs to result in unjust outcomes in cases, the report notes, such as in R. Morrissey, R. v. Nur and R. v. Lloyd.

What voters had to say: «This is an honourable, brave woman who serves her people in the area of justice in an unjust society.»

My Founders Membership was the least I could do to support you in these unjust legal matters.

Like a demonstrator waving an upside - down flag, artists frequently invoke this trope to express dissent — a visual sign of protest in unjust times.

The investment manager, with the active complicity of the TFG board, has expropriated almost $ 205 million in unjust fees.»

Did some feel guilt for their participation in unjust systems that they didn't choose or create?

«The Guggenheim Fellowship will allow me to write in more detail about specific cases, and also to synthesize them in order to develop a more general theory of educational justice in unjust contexts,» Levinson said.

A Hard Day — Somewhere the dominant strain of the crime movie genre morphed from Woovian tales of moral codes in unjust societies (ala A Better Tomorrow) to Rube Goldberg narratives driven by slapstick escalations of violence.

At a time like this in our country's history, after the neo-cons have destroyed our economy, killed our children in an unjust invasion / occupation of a country that did nothing to us, extinguished our world beacon to peace and freedom, of course we need this visionary to rekindle the spirits of John & Bobbie and restore America; s greatness.

It is in unjust and I am concerned that it may violate civil rights laws,» Dukes said in a letter to the Gaming Commission chairman Mark Gearan and site selection board chairman Kevin Law.

«This is an unnatural and inexcusable occasion because this young man was killed in an unjust way,» he added.

Sajid Javid has been appointed as home secretary, replacing Amber Rudd who resigned after repeatedly struggling to account for her role in the unjust treatment of Windrush - generation migrants.

«Though the election was cruelly disallowed and the winner arrested and put in unjust incarceration (for daring to affirm his victory), where he later died in what has remained mysterious circumstances.

At noon, elected officials and family members hold a press conference to demand U.S. Attorney Preet Bharara and the Justice Department prioritize a case in the unjust killing of Ramarley Graham and move forward prosecution of NYPD officers responsible, outside Bharara's office, 1 St. Andrew's Pl., Lower Manhattan.

As Ambassador I turned a Nelsonian blind eye to all this if it was obvious that a Brit was becalmed in unjust local bureaucracy, the case dragging on for years.

Consequently, the two tend to be evaluated independent of one another, such that, as Professor Karma Nabulsi has noted «it is possible to break all the rules while fighting a just war or to be engaged in an unjust war while adhering to the laws of armed conflict.»

The ethic encapsulated in Christ's immortal warning that «ye can not serve God and Mammon»; in the Book of Deuteronomy's complex provisions for redistributing resources from the rich and powerful to the marginal and dispossessed; and in the Islamic tradition's prohibition of riba — lending money at interest and acquiring it in unjust ways — is the strongest barrier we have to the indefinite expansion of the empire of money.

A mate of mine at work has said that he hopes France gets thrashed in South Africa or gets knocked out in unjust circumstances — but I just can't share his point of view.

If it was Ibra, Costa or Aguero who did that to rescue a point against all odds people would be saying that's why they're world - class... He's a confidence player on a hot - streak so don't join the masses in unjust criticism for a brief rush of blood to the head.

In a survey reported by the financial - services firm Rothstein Kass in December, more than 80 % of the 178 athletes polled — each with a minimum net worth of $ 5 million and two thirds under the age of 30 — said they were «concerned about being involved in unjust lawsuits and / or divorce proceedings.»

On one hand, if we say God arbitrarily chooses us then it seems to leave God in an unjust position.

Paul Albrecht, ed., Faith and Science in an Unjust World (Geneva: World Council of Churches, 1980), vol.

Rather it joins ethos and cosmos at the very point of their discordance: in suffering and, more precisely, in unjust suffering.

A very helpful introduction is Birch, L. Charles, Nature and God (Philadelphia: The Westminster Press, 1965); also by the same author, «A Biological Basis for Human Purpose,» Zygon, 8,1973, pp. 244 - 260); «Nature, Humanity and God in Ecological Perspective,» in Shinn, Roger L., ed., Faith and Science in an Unjust World: Report of the World Council of Churches Conference on Faith, Science and the Future, Vol.

Faith and Science in an Unjust World: Report of the World Council of Churches» Conference on Faith, Science and the Future.

See Paul Abrecht, ed., Faith and Science in an Unjust World: Report of the World Council of Churches Conference on Faith, Science and The Future (Geneva: World Council of Churches, 1980).

See below what it calls for, yet you criticize others in an unjust fashion and attack people while you hide tucked away behind the safety of your computer.

The sinful given is often imbedded in unjust or dehumanizing social structures, in prejudicial attitudes, in traditions of hostility or conflict or control.

Ranking people is not in itself unjust.

O Dayspring from on high, who raised up your servant John Newton to enlighten your people with the message of amazing grace; grant us the courage to work for the freedom of all who live in unjust captivity and slavery and to scatter the darkness of those who live in self - condemnation and fear by the light of the gospel of Jesus Christ our Lord.

We live in an unjust situation in which what we consider good for ourselves is not available to everyone.

The churches must be clear that Christians should refuse to participate in unjust treatment of detainees.

Do we teach the tradition to our soldiers and those who may become soldiers and do we assure them of our spiritual and material support as they abide by the tradition, whether that takes the form of refusing to fight in an unjust war, or fighting in a war but only justly?