Sentences with phrase «judicial oversight in»

Lesson here: it's very wise to have legal guidance and judicial oversight in dealing with banks these days, because things are just plain messed up.

Judicial Oversight Over the Interstate Placement of Foster Children: The Missing Element in Current Efforts to Reform the Interstate Compact on the Placement of Children (PDF - 301 KB) Sankaran (2009) Capital University Law Review, 38 Examines the role juvenile court judges play in making placement decisions for foster children, the need for judicial oversight in ICPC placements, and how to incorporate more oversight without interfering with the sovereignty of States.

A lone dissenting judge in Goodwin warned for the need of greater judicial oversight in order to protect the public's right against unreasonable seizure, and Mackey says that too is a welcome compromise when it comes to curtailing impaired driving.

[§ 65] The Court thereby recognises that, to maintain the exception in a meaningful sense, judicial oversight in the application of Article 4 (2) must depend not on an abstract standard of reasonableness but a situated one, which acknowledges the subjectivity of an institution promoting religious belief.

Not exact matches

At Wednesday's oral arguments, the court's conservative majority appeared to have the votes to allow the public prayers to continue in some form, but both sides expressed concerns about the level of judicial and government oversight over prayers presented by members of a particular faith.

... (Morsi) formally gave himself open - ended powers to make decrees that are immune from judicial oversight (therefore barring any legal recourse against them), giving himself license to do pretty much anything else he pleases in the name of national security.

Frequently people think that there are only two ways address flexibility in a constitution: to legally entrench an entire document and to protect it with strong judicial oversight, or to have a political constitution and a sovereign parliament, which, in the words of A.V. Dicey, «has... the right to make or unmake any law whatever....»

There is already general agreement that the circumstances in which the police will need to go beyond even 14 days will be rare and will be subject to special procedures, both of judicial oversight and of parliamentary accountability.

Judge Alan Simon, who presided over the Spring Valley Village Court and the Ramapo Town Court in Rockland County, was found by a judicial oversight commission to have a history of bullying and verbally abusing court staffers, and has been suspended with pay pending a review of the allegations against him.

Jonathan Clark, the Bishop of Croydon who is backing the drive, said: «Detaining people indefinitely in prison - like conditions without judicial oversight is unjust, ineffective and inhumane.That's why Citizens UK are calling on people of goodwill across the country to join them in taking this issue to their parliamentary candidates.

On Monday, a federal magistrate in Brooklyn will determine how judicial oversight of the process should proceed.

«The legislature can not be expected to act in a principled way without judicial oversight.»

The mere fact that judicial oversight remains in place can ensure continued adherence to implementation of stated policy goals, and actual interventions should be rare, especially if it is clearly understood that all the courts would be enforcing are the state's own policy goals.

Despite the courts having played an integral role in serving as a check against states not acting in the interests of all students for nearly four decades, Sessions» campaign against judicial oversight of legislative actions prevented the judiciary from resolving inequities in the Alabama education system.54

Automatic judicial oversight of the arrangements for holding people in administrative detention

Most Canadian provinces provide for judicial oversight of prenuptial agreements but the standard of judicial review varies from province to province For example: - Ontario's Family Law Act permits a court to set aside a prenuptial agreement or any portion thereof if a party failed to disclose significant assets or liabilities, if a party did not understand the nature or consequences of the contract, or otherwise, in accordance with the law of contract.

I am of the view that there should be appropriate judicial oversight of any regime in which service providers are required to identify their users to law enforcement officials.

At first sight, the subject matter of Case C - 658 / 11 may seem an unlikely setting for a judicial showdown on democratic oversight in a polity such as the EU.

Instead, the impression one gets, especially from Lord Reid's speech, is that there is now a list of nullifying errors, a list of reasons for judicial intervention in respect of unlawful administrative decisions, with no area of administrative action walled off from judicial oversight.

In that connection, I note that a significant legal safeguard in the university's appeal process was the important layer of judicial review which typically provides, where necessary, the required oversighIn that connection, I note that a significant legal safeguard in the university's appeal process was the important layer of judicial review which typically provides, where necessary, the required oversighin the university's appeal process was the important layer of judicial review which typically provides, where necessary, the required oversight.

Warrantless wiretaps, we argued, should be used only as a last resort tool in situations of true emergency, consent should be obtained where feasible, and each case should be subject to after - the - fact judicial oversight.

Afterwards, a state judicial elections oversight committee was formed to advise those running for judgeships on ethics and honesty in political campaigns.

This personal information was then to be transmitted to, and stored centrally in, a police database — without any restrictions on its use or any judicial oversight.

While judicial oversight is a legislative requirement in representative proceedings, non-representative proceedings where TPLF is also used, such as personal injury or commercial litigation, are not subject to judicial controls.

Consistent with these earlier reports, the Commission strongly favoured statutory appeals over judicial review as a simpler mechanism for legal oversight that can be calibrated to address the particularities of statutory tribunal decisions, and recommended that legislation contain a right of appeal on questions of law (and in certain instances on questions of fact) to the courts from the exercise of statutory power with only a few exceptions.

Madam Justice Corthorn comments in her decision that the reasoning behind the requirement for an oral hearing is that it allows for judicial oversight where a formal action — and all the information that is provided to the court in that particular context (for example, the parties» pleadings)-- has not yet been commenced.

In the absence of accessible and genuine review and oversight, individuals who have suffered national security - related human rights harms have instead turned to expensive, cumbersome and protracted judicial inquiries and lawsuits.

A private members bill has been introduced in Parliament restricting candidates to the bench to those who have special training in sexual assault - related education, demanding written reasons in all related cases and requiring mandatory oversight by the Judicial Council.

As in the NPRM, the final rule does not establish any new administrative or judicial process prior to disclosure for health oversight, nor does it prohibit covered entities from making any disclosures for health oversight that are otherwise required by law.

Moreover, doctrinal entrenchment is particularly problematic in the FISA courts, where secrecy and institutional context indicate that outside efforts at doctrinal reform are less likely to be effective than they are with courts that publish their opinions.35 Unlike published opinions, secret opinions can not provoke the public into lobbying for a legislative override36 or judicial overruling37 — two important paths of legal reform.38 Perhaps to hedge against the risks of limited external oversight, FISA limits FISC and Court of Review judges to non-renewable, seven - year terms, 39 a provision suggesting that Congress envisioned a FISA court whose membership would be responsive to shifting factual circumstances and policy priorities.40 Stare decisis, which requires judges to adhere to interpretations of law that they might otherwise reject as unjust or unpersuasive, constrains these judges» ability to adapt to such factual and policy shifts.

In addition, Obama said he would work by Congress to improve confidence in the judicial oversight of the NSA surveillance programIn addition, Obama said he would work by Congress to improve confidence in the judicial oversight of the NSA surveillance programin the judicial oversight of the NSA surveillance programs.

The new § 164.512 includes paragraphs on: Uses and disclosures required by law; uses and disclosures for public health activities; disclosures about victims of abuse, neglect, or domestic violence; uses and disclosures for health oversight activities; disclosures for judicial and administrative proceedings; disclosures for law enforcement purposes; uses and disclosures about decedents; uses and disclosures for cadaveric donation of organs, eyes, or tissues; uses and disclosures for research purposes; uses and disclosures to avert a serious threat to health or safety (which we had called «emergency circumstances» in the NPRM); uses and disclosures for specialized government functions (referred to as «specialized classes» in the NPRM); and disclosures to comply with workers» compensation laws.

The check on them lies in democratic, not judicial, oversight.

Mr. Washington argues that the statute allows law enforcement officers to seize and hold vehicles based on an officer's probable cause determination for up to six months without judicial oversight and without allowing individuals the opportunity to challenge that seizure and deprivation — in other words without a post-seizure, pre-forfeiture hearing.

In a recent opinion piece, ACLU legislative counsel Neema Singh Guliani argues that the CLOUD Act sidesteps oversight from both the legislative and judicial branches, granting the attorney general and the state department too much discretion in choosing which governments the U.S. will enter into a data exchange agreement witIn a recent opinion piece, ACLU legislative counsel Neema Singh Guliani argues that the CLOUD Act sidesteps oversight from both the legislative and judicial branches, granting the attorney general and the state department too much discretion in choosing which governments the U.S. will enter into a data exchange agreement witin choosing which governments the U.S. will enter into a data exchange agreement with.

This is an important step in ensuring judicial oversight of the government's digital search.

Qwest Government Services, LLC DBA Century Link Government Fairfax • VA 1999 — 2011 Account Consultant: (2008 — 2011) Job Title (2003 — 2008) Senior Operations Technician (1999 — 2003) Provided Account oversight and support for numerous Federal Agencies in Legislative, Judicial and Defense utilizing extensive experience and knowledge of with IP telephony, and MPLS topology.

The paperless arrest laws are being challenged in the High Court the grounds for which are that the new laws lack judicial oversight and places too much power in the hands of police.