Sentences with phrase «judicial precedent for»
The judicial precedent for equal protection for federal laws is somewhat fuzzy as there is not equal protection clause specifically written as part of the fifth amendment, and the specific clause is only in reference to states in the fourteenth amendment.
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While I find the majority opinion in Brown disappointing and even more so the fact that its author was Scalia, in the end there is something for conservatives to take away from the case: a strong judicial precedent that new categories may not be added to the type of content not afforded full First Amendment protection.
When the agenda turned to a related matter — proposed amendments to the ethics law, for which the board scheduled a public hearing on August 13 — Wilber announced that town attorney Rod Futerfas, citing a judicial precedent, had suggested that the board could proceed under the so - called Rule of Necessity.
For years, Bryan Garner has favored the use of caselaw over case law to describe precedent established by judicial decisions.
Leaving aside the perplexing charge that class action lawyers routinely pad their dockets, Justice Belobaba's approach to contingency fees is remarkable for its departure from well - established statutory authority and judicial precedent.
The entire back - and - forth between Hewitt and Kerr — which is being conducted in a wonderfully professional tone, I'd like to note for the record — is a perfect example of why judicial precedent and the Constitution exist.
Indeed, the Northern District of California recently issued a rule mandating the disclosure of TPLF in all class and representative actions, providing an important precedent for making the practice more transparent in that particular judicial district.
Judicial precedent interpreting state wage and hour laws did not impose personal liability for violations.
Cs made their claim and in doing so, relied upon the commentary in Volume 38 (2) of the Encyclopaedia of Forms & Precedents that states the inclusion of a «call - in» clause should at least be considered in any case other than: «the very simplest cases such as an application for change of use or for the carrying out of relatively minor building operations where... it is unlikely that the grant of planning permission would be challenged by third parties by way of judicial review....»
Topics covered include the transition to the bench, ethical principles for justices of the peace and judicial conduct, the structure of the courts, the role of precedent in the common law; the adversarial system; onus and standards of proof; judicial independence and impartiality; and discrimination and harassment.
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If mediation supplants rights - based dispute resolution, this does not mean villanry, but it does mean that a generation later, the machinery for asserting rights (civil trial lawyers and judges, judicial precedent) will likely be rusty and broken.
As it is so drastic, and in the absence of a direct benefit to the child, judicial approval is unlikely, not least because it could set a precedent for every family with a severely disabled child.
If the precedent sought by the KBA is upheld in this case then the jurisdictional authority of the KBA will be so broadly expanded then the justification for the existence of the Judicial Conduct Commission will be voided.
Of course, in light of the current composition of the U.S. Senate and the current President, and the precedent that the «nuclear option» can abolish the filibuster for some kinds of judicial appointments (a parliamentary ruling which is almost surely not justiciable due to express language vesting procedural questions in the U.S. Senate in the Senate and not the courts in the U.S. Constitution), this question is unlikely to present itself any time soon.
His view is Brown has a «healthy respect for judicial precedent» which he says is the traditional view of a conservative.
The bank asked that their appeal be heard because the issue of whether lenders who become owners of residential premises through a judicial process such as foreclosure are responsible for tenants» security deposits arises quite often and the RTDRS therefore had need of a precedent when faced with similar situations in the future.