Sentences with phrase «jurisprudence make»

As both the constitution and the relevant jurisprudence make plain, there are some industries over which the federal government has jurisdiction to pass laws concerning labour and employment standards.

However, as the jurisprudence makes clear, federal jurisdiction has been interpreted narrowly in this context.

The jurisprudence makes it clear that poor lawyer - client communication is at the root of many of these claims.

Tribunal jurisprudence makes it clear that employees must try to deal with family issues in a manner that does not impact their workplace obligations prior to requesting accommodation.

Not exact matches

Director Iancu has made clear that the current state of patent eligibility jurisprudence is untenable.

'» [12] In particular, there is growing agreement that «Delaware jurisprudence favors director primacy in terms of the definitive decision - making power, while simultaneously requiring directors to be ultimately concerned with the shareholders» interest.»

Concerning the consequences — worship and jurisprudence — the Zaidis follow the Shafi`i school, which makes them the Shi`ites nearest to the Sunnis.

Earlier contributions were made by students in widely different fields: theology, philosophy, philology, jurisprudence and the social sciences, and later archeology and anthropology.

The Integrative Jurisprudence of Harold J. Berman Edited by Howard O. Hunter Westview, 164 pages, $ 59 A much - deserved festschrift for a jurist who has made an inestimable contribution to understanding the connections between law, morality, culture, and religion.

(Because obviously it wouldn't make any sense as reasonable jurisprudence — see the other comment.)

But even these two «moderates» made major steps toward a sensible Establishment Clause jurisprudence, stripped of the old hostility to religion (and especially to Catholic institutions).

Or will it yield the same kind of mechanistic style that has made conservative jurisprudence so morally empty — and so incapable of facing the challenges raised in litigation by the left?

But even if this administration has the chance to set the character of the Court with more appointments, we are still left with the cardinal question: What difference would that really make to the character of our jurisprudence?

But whether or not the dissent, cast in those terms, would have caused Stewart or other justices to peel away from the majority; whether or not it would have made any difference to the outcome of that case; it would have made the most profound difference for the coherence of conservative jurisprudence.

Overall, the book undoubtedly makes a profound contribution to the jurisprudence on the justiciability and legal enforcement of socio - economic rights in the country.

While the Supreme Court has expressed a desire to avoid being a national school board, the legacy of its own jurisprudence will make it hard to avoid forever deciding the scope of school officials» authority and students» rights in this new and growing family of cases.

And it made us realize that in Supreme Court jurisprudence, climate — like death — «is different».

The broad masses of the people are not made up of diplomats or professors of public jurisprudence nor simply of persons who are able to form reasoned judgment in given cases, but a vacillating crowd of human children who are constantly wavering between one idea and another.

To deal with the last two aspects of the case Hooper LJ made a careful analysis of human rights jurisprudence on discrimination which would stand alone as a helpful essay on the subject.

One of the «distinct benefits» which it contended would flow from incorporation was that «British judges will be enabled to make a distinctively British contribution to the development of the jurisprudence of human rights in Europe» (at para 1.14).

On the other side, the argument is made that the authority of the police must be strictly circumscribed by the law of arrest and search as it has developed to date in the traditional jurisprudence of the Fourth Amendment.

So my (very broad) question is, when does it become illegal to lie — or to make wildly unsubstantiated claims — in American jurisprudence?

According to Dagne, business lobbyists want to make it illegal to reconstruct products using 3D printers, but consumer groups would argue 3D printing should be permitted for the purpose of repairing products, which is already permitted by the jurisprudence.

Natasha Bakht and Jordan Palmer point out in a 2015 journal article in the Windsor Review of Legal and Social Issues, that the Supreme Court's decisions in R. v. Kapp and Syndicat Northcrest v. Amselem, and subsequent jurisprudence, likely make the analysis in Duarte obsolete.

The promise doctrine was developed through the Federal Courts» jurisprudence; under it, a judge reviewed a patent as a whole to identify any «promises» made in it, then assessed whether those promises had been met in order to satisfy the utility requirement of the patent under the Patent Act.

But the Happy Gilmore ruling is just one in the long string of issues that make up golf jurisprudence.

In such a case, the principles applicable to the interpretation of these customs should be derived first and foremost from that First Nation's own law and customs, instead of borrowing blindly from the principles and the jurisprudence applicable to decision - making in legislative assemblies or municipal councils.»

And while BTB won't make any value judgments on Comey's testimony or the jurisprudence that might be spawned from Twitter posts, law students can learn two things from yesterday's events.

The difficulty lies in determining the quantum a court will award in such situations and in this respect only estimations can be made through analogy with other jurisprudence.

The insights developed by Professor Myers reinforce some points I have made here and here and here that a new Justice replacing the «centrist» Justice O'Connor could have an interesting and perhaps unexpected impact on the Supreme Court's still developing sentencing jurisprudence.

This confirms its prior jurisprudence on the interpretation of Article 3 (1)(see Svensson and BestWater) but rejects the argument made by the AG that setting hyperlinks does not constitute an act of communication as the first element the provision.

Those of you who think there's really no problem with the state of Canadian causation jurisprudence, that it's merely a matter of complex facts making the law's application difficult (in some cases), now have a recent case to quote from... well, actually two, but the 2nd quotes the first.

If they would not give evidence, dangerous criminals would walk free and both society and the administration of justice would suffer; (ii) it was settled law that the paramount object had always been to do justice and that if, in order to do justice, some adaptation of ordinary procedure was called for, it should be made, so long as the overall fairness of the trial was not compromised; (iii) recent case law supported the adoption of protective measures; (iv) the Strasbourg jurisprudence, properly understood, did not condemn the use of protective measures; and (v) the defendant was protected from the risk of unfairness by the prosecutor's duty of disclosure.

The curriculum focuses on the legal system, dispute resolution, legal research and writing, legal reasoning and analysis, ethical decision making, jurisprudence, legal history, and substantive areas of law.

Thus, the tension between a plural understanding of regulations and a more general understanding of law is bringing into view a new landscape in which general legal frameworks — grounded in well - known legal theories stemming from 20th - century legal positivism or sociological jurisprudence — are made compatible with specific forms of rights management on the Web.

The jurisprudence in this province seems to support the thesis that a full consideration of all relevant circumstances needs to be made by the trier of fact...

Therapeutic jurisprudence encourages lawyers to think creatively and makes them realize that the work they do has real potential for change.

Perhaps we have never left this categories approach, but the Supreme Court of Canada has certainly tried to make this appear like a more principled area of jurisprudence.

The problem with these recent decisions isn't so much the Court's desire to curb the presumption of deference and apply correctness to review fundamental legal questions decided in the first instance by a statutory tribunal — this is well within the jurisprudence of Dunsmuir v New Brunswick, 2008 SCC 9 and seems to make good sense from most perspectives — but rather the ease with which the Court suggests we can decipher fundamental legal questions from the rest of the field in deciding when to apply the presumption of deference and when not to.

The court noted that, «[o] ver time, prosecution disclaimer has become a fundamental precept in our claim construction jurisprudence, which promotes the public notice function of the intrinsic evidence and protects the public's reliance on definitive statements made during prosecution.»

Earlier jurisprudence appears to indicate that employer - paid benefits are deductible unless the employee has made some form of contribution for them.

Nevertheless, it is fair to say that the evolving jurisprudence regarding overpayments has made it more difficult for insurers to recover overpayments.

This is not the place for a comprehensive review of developments, and nor is one necessary because, in Re F (Children)[2016] EWCA Civ 546, which was decided after Judge Williams made her decision about FW's separate representation, the President of the Family Division (with whom Arden LJ agreed) set out the highlights of the jurisprudence, starting at § 35 of his judgment.

However, the Court's post-Dunsmuir jurisprudence clearly reveals the application of a one - step framework; one that is incompatible with Dunsmuir's understanding of the doctrine's guiding principles and one that makes little room for correctness review.

And I think that criminal courts here have some of the jurisprudence I've seen demonstrates a stricter interest in the nuts and bolts of adducing social media evidence because of course there's a liberty interest at stake and making sure the evidence fits I think is a higher bar to me.

The jurisprudence also makes it clear that, when the accused is eager to see you pursue a line of questioning you feel is best avoided, it's better to defend your decision BEFORE the witness takes the stand than to justify it afterward.

What can tribunals do to make their jurisprudence accessible to the public, and by extension, to the self - represented?

I didn't know that it's now Ontario jurisprudence that two wrongs make a right.

Finally, «there are likely to be, over the long term, challenges to the interpretation of EU - derived laws that remain part of EU law including claims that we should depart from existing jurisprudence and that we should make up our own jurisprudence in relation to matters that come up later, and that could be a very large number of cases,» Lady Hale said.

As Benjamin Oliphant and I explain in our article on «Originalist Reasoning in Canadian Constitutional Jurisprudence ``, the Supreme Court is no stranger to the «originalist inference» — reasoning from a choice made during the framing of a constitutional text between competing proposed versions of a provision.