Sentences with phrase «judicial scrutiny»

First, the increasing powers of the executive in many areas mean that there has been a much greater call for judicial scrutiny of administrative decisions.

To ensure that your employment contracts and releases survive judicial scrutiny, offer a little more.

It seems there has been a lot of judicial scrutiny as of late of expert witnesses crossing the line into client advocacy.

Of course, the executive could also put in place a program that is similar, but with certain details changed so it would pass judicial scrutiny.

The aim of these amendments is to ensure that there is effective judicial scrutiny of and accountability for, long term plans for children who are the subject of care orders.

I've been pushing for greater judicial scrutiny of conduct, and mandatory consideration of cost awards, for some time.

The meaning of «dealings» has also received considerable judicial scrutiny.

Additionally, there was a need for automatic judicial scrutiny of any detention as opposed to requiring the individual to initiate judicial review proceedings themselves.

A parent's visitation may not be changed automatically based on a future event, including the determination of a therapist, without any additional judicial scrutiny.

Nevertheless, for those proactive organizations concerned about the bottom line, the key is to draft contractual provisions that will withstand judicial scrutiny.

R.S. 14:95 (E) deals not only with illegal drugs but with firearms, the firearm aspect of the statute can not survive strict judicial scrutiny, and the entire statute must be declared unconstitutional.

And because multidistrict proceedings by design have tended to prioritize global issues over individual ones, plaintiffs» counsel have successfully warehoused meritless claims and shielded them from judicial scrutiny in a way they never could if all the cases were being tried individually.

This would better reflect the practical application of the sound prediction test and avoid unnecessary judicial scrutiny into ultimately irrelevant factual and evidential areas.

The Commissioner's interpretation of the subject policies could easily withstand judicial scrutiny because his interpretation was at least «barely colourable», which was also all that the law required;

These would increase the safeguards for privacy in the bill, putting the onus on security services to ensure their case to place any targets under surveillance would only be approved after undergoing judicial scrutiny, rather than simply bundling through whole groups of people in Class Warrants.»

The security programs and partnerships at the heart of this case affect people in Canada, and around the world, whose data is intercepted without judicial scrutiny, and whose rights are rendered illusory in the process.»

The court further found that Aetna withdrew from the individual public exchanges in three states to evade judicial scrutiny of the proposed merger.

On this point, the Rodriguez court observed that the school - funding systems in Texas and «virtually every other state [would] not pass muster» under strict federal judicial scrutiny.

Yesterday morning, the court released an opinion (PDF) denying the District's motion to vacate the consent order, which subjects the District's treatment of mentally disabled citizens to continuing judicial scrutiny, and dismiss the case.

Because sniffer - dog searches are conducted without prior judicial authorization, the after - the - fact judicial scrutiny of the grounds for the alleged «reasonable suspicion» must be rigorous.

Only in the few instances where matters proceed to trial and receive thorough judicial scrutiny are parties faced with any accountability through cost consequences.

I see this as related to R. v. Chehil, where the judge expressed discomfort at a «cozy relationship» between the police and a corporation which was designed to circumvent judicial scrutiny of searches.

Guest columnist Anastasia Konina, writing recently in the online journal Jurist, says: «the proposed system of consumer rights enforcement has been heavily criticized for a number of reasons, such as «putting efficiency above judicial scrutiny,» loss of public access, pressure due to general confidentiality of ADR and ODR proceedings and banning access to courts.»

The decision also characterizes employment agreements (especially with low - level employees) as «contracts of adhesion» that may be subject to more careful judicial scrutiny.

One might argue that the GPS system, which can provide a considerably more accurate location, should be subjected to more rigorous judicial scrutiny before it is handed over without warrant or other statutory authority to police.

Although, as Dyzenhaus has argued, a justification - based approach to reasonableness is not necessarily more intrusive than the traditional Wednesbury approach, the effect of Li seems to have been to increase judicial scrutiny of administrative decisions in at least some cases.

Although it has yet to receive much judicial scrutiny, the applicability of the «sex stereotyping» argument to gender identity and expression is not hard to see.

Now, in the EL trigger cases, insurance coverage in the UK context has come under close judicial scrutiny for the first time — only 30 years after the US wrestled the same issues to an uneasy stalemate.

Of course, the fact that whites constitute a political majority in our Nation does not necessarily mean that active judicial scrutiny of racial classifications that disadvantage whites is inappropriate.

Those classifications would be free from exacting judicial scrutiny.

Dallas attorney David Coale of Lynn Pinker Cox & Hurst says the lawsuit has a lot of interesting points, but doesn't think it will survive long - term judicial scrutiny.

«There are measures in the Children and Families Bill, including the speeding up of care proceedings, reduced judicial scrutiny of care plans and the placing of children with potential adopters without going to court, which are in serious danger of resulting in significant breaches of children and families» human rights.

«I told Fred [Mei] it was a sham and it couldn't survive judicial scrutiny,» Sinnreich testified.

«the absolute deprivation of education should trigger strict judicial scrutiny, particularly when the absolute deprivation is the result of complete inability to pay for the desired benefit.»

Rico Webb, a 22 - year - old caught in a car with one marijuana cigar and a gun, points to a state constitutional amendment passed last year, applauded by conservatives and the National Rifle Association, that for the first time in American history declared gun ownership a fundamental right in Louisiana, subject to the same level of judicial scrutiny as free speech and voter equality.

Sadly, this approach means that tens, if not hundreds, of thousands of cases similar to Katherine's are now subjected to routine and unnecessary judicial scrutiny, which will suck resources away from those who need them.

In fact, Planned Parenthood is so hated that the HHSC rules include a clause — that Planned Parenthood hopes will not pass judicial scrutiny — that dissolves the entire Women's Health Program, serving 110,000 needy women, if a court ever allows Planned Parenthood to participate in the program.

Amendments to clause 15: Reducing court scrutiny of care plans The aim of these amendments is to ensure that there is effective judicial scrutiny of and accountability for, long term plans for children who are the subject of care orders.

Moreover, certain restrictions on the type of firearms individuals can possess have successfully withstood judicial scrutiny...

It was also correct that operational discretion does not equate to immunity from judicial scrutiny of policing decisions (H v Commissioner of Police of the Metropolis [2013] 1 WLR 3021).