Sentences with phrase «judicial rulings in state»

Peter Schrag's Final Test describes how judicial rulings in state courts are transforming the way American public schools are financed.

Not exact matches

We are happy to report in response to a lawsuit filed against the Commonwealth's regulatory use of priority habitat screening to protect endangered species, the Massachusetts Supreme Judicial Court has ruled unanimously to affirm the state's authority under the Massachusetts Endangered Species Act (MESA).

Last month, for the first time, a state judge added the imprimatur of a judicial ruling to the chorus of voices clamoring for bail reform in New York, lending momentum to those who want to abolish the practice.

Citing a similar case in which the Supreme Court ruled that the President was not bound by the advice of the Council of State, Yaw Oppong stated that, it was however vital that the President is seen to have sought the advice of the Judicial Council on the issue, as stated by the Constitution.

Erie County Legislator Joseph Lorigo sent a letter on Jan. 16, 2013 to Chairwoman Betty Jean Grant requesting that the Legislature hold a special session to act on his resolution that requests Erie County Clerk Christopher L. Jacobs withhold the names of pistol permit holders in Erie County from public release until the New York State Judicial System thoroughly reviews and rules on freedom of information requests pertaining to gun permit holders.

Fisher, who got unanimous backing from her district's GOP convention, ran into a late season snafu in the past month when another State Supreme Court Justice ruled that votes taken in the Conservative Party's judicial nominating convention in September violated election law.

Pearce earned his B.S. in Management at the University of Phoenix in 1981 and earned four certificates from the following institutions: Arizona State University (Advanced Executive Development), the University of Colorado, Boudler (Motor Vehicle Legal and Law College), Arizona Judicial College (Court Rules & Procedures for New Judges) and Harvard University (Government).

On Wednesday, the seven - member state Commission on Judicial Compensation, a panel formed to rule on the issue of pay hikes, heard from several witnesses at a hearing in the Legislative Office Building.

The State Supreme Judicial Court ruled on Tuesday that a ballot question to repeal the law can be placed on the statewide ballot on election day in November.

In deciding how to rule, New Jersey's court was guided by earlier decisions on behalf of the Abbott districts, stating, «Like anyone else, the State is not free to walk away from judicial orders enforcing constitutional obligations.»

In a state known for judicial activism, and with the trial judge calling for more money for schools, the high court's February 15 ruling was rather stunning.

Since then, numerous judicial rulings have answered the church - state question and created an environment in which more than $ 1 billion dollars in 19 states, both blue and red, is now being spent on various school choice programs.

New Funding Pressures Next month the state Supreme Judicial Court will review the findings of a Superior Court judge who ruled in May that state funding for education is inadequate in poor districts despite the billions of dollar spent since 1993 on bringing struggling school districts up to a reasonable foundation budget.

Contrast the Louisiana and Georgia judicial experiences with Indiana where the state Supreme Court ruled unanimously — the vote was 5 - 0 — in April that public tax dollars could be used to fund private school tuition.

The Kansas Supreme Court issued a ruling in March at the Kansas Judicial Center that the state school funding formula is inadequate under the Kansas Constitution.

In a ruling two years ago, the state's highest court also said education policy was a political question off limits to judicial intervention.

Earlier in the day, state Superintendent of Education John White said the aid would be stopped following a ruling by 19th Judicial District Court Judge Wilson Fields, of Baton Rouge.

Only to the extent permitted by Rule 14d - 10 (b)(2), the Offer will exclude all holders of Shares in a U.S. state where Purchaser is prohibited from making the Offer by administrative or judicial action pursuant to a state statute after a good faith effort by Purchaser to comply with such statute.

The judicial collision course was set Friday when a federal judge in San Francisco ruled that climate change lawsuits by two counties and one city were best adjudicated in California state courts.

Whether new pipelines are needed or not, both Shattuck and UCS's Rogers expect the state's Supreme Judicial Court to rule against the DPU decision, barring utilities from using money from the rate base to invest in gas pipelines once again.

Both were ruled by state regulators to be beneficial for Massachusetts ratepayers, but the project is overcoming court hurdles, with A D.C. appeals court case, a case before the Massachusetts Supreme Judicial Court, and a third in a federal district court remaining.

In emerging democracies and transitioning states throughout the world, the Judicial Reform Index is an innovative tool developed by the ABA Rule of Law Initiative to assess states» judicial reform and judicial indepJudicial Reform Index is an innovative tool developed by the ABA Rule of Law Initiative to assess states» judicial reform and judicial indepjudicial reform and judicial indepjudicial independence.

Dec. 12, 2005), in which the Massachusetts Supreme Judicial Court rules on «trigger, nondisclosure and the obligations of [state - sponsored] guaranty funds that back now - insolvent insurance companies.»

1 page 270, para190) Lord Gill states «the outcome of Lord Justice Jackson's review and whether, in the light of his recommendations, the rule that expenses follow success may require to be modified in this jurisdiction, are matters that should urgently be addressed by the Working Group on Judicial Expenses».

Today in Dallas, at a «mini-conference» convened by the Discovery Subcommittee of the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, participants are considering that very question.

Thus, in our system, evidentiary rulings provide the context in which the judicial process of inclusion and exclusion approves some conduct as comporting with constitutional guarantees and disapproves other actions by state agents.

on Pennsylvania: House member circulating plan to impeach state supreme court for gerrymandering decision; latest in 13 - year national trend to threaten impeachment for judicial rulings

Rule 9.100 of the Florida Rules of Appellate Procedure states that a party may file a petition for writ of prohibition in an appellate court to prevent a lower tribunal from the improper use of judicial power.

In California, the rule states, «It is the duty of an attorney... to employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with the truth, and never to mislead the judge or any judicial officer by an artifice or false statement of fact or law.»

Rule 53 states that the «court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.»

According to the firm's announcement, the blog will cover commercial issues confronting the energy business, developments in energy trading, judicial and administrative rulings, and new federal and state laws that impact the -LSB-...]

Incorporation of foreign and international rules and principles will require skills of synthesis and distinguishing that are distinct from traditional domestic legal reasoning, and they may require appreciation of important differences in foreign / international legal, political, or perhaps even cultural context.63 International legal rules often play a complex role in domestic law, presenting issues of interpretation and enforceability that do not easily fit within traditional domestic United States legislative, administrative, and judicial legal structures.64 Integration or application of rules from foreign nations may be even more complex, especially where those systems are substantially different from our own.65 Additionally, there may be discrepancies between the form and function of foreign or international law that affect their proper application.

Although Markman assigned claim construction to the trial judge, it did not expressly state whether factual findings subsumed in that issue are subject to de novo review (as normally would be the case for legal rulings) or to review for «clear error» (as normally would apply to judicial fact findings).

Because it seems so evident that this judge is unwilling to follow the rules and has a hostility against you to the point of threatening to hold you in contempt simply because you are asking her to follow the rules on your motions, you have the right to file a complaint against this judge with the state supreme court judicial commission.

A constitutional amendment up for a vote in Arkansas would transfer some judicial rule - making authority to the legislature, and this would allow the legislature to overturn a 2013 state supreme court decision to strike down a tort reform law.

By contrast, whether the Charter also applies to the national rules determining under what conditions police and judicial authorities can access the retained data is less obvious, because Directive 2002 / 58 / EC does not cover «activities of the State in areas of criminal law» (Art. 1 (3)-RRB-.

In a decision issued on Nov. 20, Mitchell v. Board of Bar Examiners, the state Supreme Judicial Court held that Mitchell was entitled to a waiver of the rule, clearing the way for him to take the bar exam.

Indeed, the Judicial Conference of the United States is currently in the midst of studying changes to Rule 23 right now!

In a 5 - 0 ruling, the Arizona Supreme Court struck down a law that required the state's judicial nominating commission to send the names of five candidates to the governor for possible appointment.

The Comment to ABA Model Rule of Professional Conduct 7.6 states that «lawyers have a right to participate fully in the political process, which includes making and soliciting political contributions to candidates for judicial and other public office.»

According to the firm's announcement, the blog will cover commercial issues confronting the energy business, developments in energy trading, judicial and administrative rulings, and new federal and state laws that impact the industry.

In Massachusetts, where I am located, the Supreme Judicial Court has issued a notice stating that it will adopt a package of proposed rule changes that includes Comment 8.

Although it is commonly believed that the no - citation rule in Rules of Court, Rule 8.1115 (a) prohibits the citation to an unpublished opinion, this rule is inconsistent with the judicial notice statute allowing citation to the «[r] ecords of -LSB--RSB- any court of this state...» In this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.&rarule in Rules of Court, Rule 8.1115 (a) prohibits the citation to an unpublished opinion, this rule is inconsistent with the judicial notice statute allowing citation to the «[r] ecords of -LSB--RSB- any court of this state...» In this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.&raquin Rules of Court, Rule 8.1115 (a) prohibits the citation to an unpublished opinion, this rule is inconsistent with the judicial notice statute allowing citation to the «[r] ecords of -LSB--RSB- any court of this state...» In this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.&rRules of Court, Rule 8.1115 (a) prohibits the citation to an unpublished opinion, this rule is inconsistent with the judicial notice statute allowing citation to the «[r] ecords of -LSB--RSB- any court of this state...» In this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.&raRule 8.1115 (a) prohibits the citation to an unpublished opinion, this rule is inconsistent with the judicial notice statute allowing citation to the «[r] ecords of -LSB--RSB- any court of this state...» In this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.&rarule is inconsistent with the judicial notice statute allowing citation to the «[r] ecords of -LSB--RSB- any court of this state...» In this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.&raquIn this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.&rrules [of court] adopted shall not be inconsistent with statute.»

The problem is simply stated as follows: Develop a principled approach to reconcile traditional accounts of the rule of law with the modern reality that administrative agencies and statutory tribunals who do not operate like or resemble the ordinary courts but who nevertheless occupy a large amount of space in our legal system and can not avoid making legal determinations in exercising their statutory duties which often implicate individual rights and interests to a greater extent than judicial decisions.

(5) The Council, by an Act dated 26 May 1997 (4), drew up a Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters and recommended it for adoption by the Member States in accordance with their respective constitutional rules.

However, in 2010, Wisconsin Supreme Court had changed the state's recusal rules to exclude campaign contributions and independent expenditures as sole bases for judicial recusal.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before theIn this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before thein a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before thein their application to the case before them.

The court upheld the state's recusal rules, finding that they are narrowly tailored to serve the compelling state interest in judicial impartiality.

In 2008, the Judicial Conference of the United States — the administrative policy - making body of the federal judiciary — approved a revised set of rules for handling complaints of misconduct or disability on the part of federal judges.

It is widely expected that investor - State arbitration should fulfill a role similar to that of judicial review under domestic administrative and constitutional law, subjecting host State public authority to an understanding of the rule of law that focuses chiefly on restrictions in the relations between public and private actors.