Sentences with phrase «law analysis»

Such exercises, where appropriate, are relevant more for interpretation of statutes such as the ESA, and not a common law analysis which has shifted and changed considerably over the years.

The «but» is that that's as far as we need to go in explaining the requirements for conviction and how the sections involved fit into the standard criminal law analysis.

It's not going to change the securities law analysis, though.

The rule stated there is correct under just a common law analysis.

The November 2015 deal between Lex Machina and legal publishing giant LexisNexis made a lot of sense at the time because the case law analysis system needed tons of legal data to make itself a valuable tool.

The motions judge, Justice Paul Perell of Ontario's Superior Court of Justice, reviewed the existing conflicts of law analysis as set out by the Supreme Court of Canada in its 2012 decision, Club Resorts Ltd. v. Van Breda.

Rethinking investment treaty standards in line with comparative public law reasoning could also be pushed by treaty parties, for example, by including treaty provisions that mandate tribunals to take into account insights from comparative law analysis in interpreting investment treaties.

In the area of sexuality, for instance (one of Porter's two major concerns in this volume), she finds that natural law analysis was largely «a continuation of attitudes... of antipathy toward sexual pleasure... deeply ingrained in Western culture.»

Comparative public law analysis, in my view, is the most promising way to develop standards that are common to domestic public law systems and existing systems of international judicial review, and to analyse how they apply to specific policy fields.

The unanimous decision «by the court» is not always straightforward to follow in its administrative law analysis, which is surely at least in part the consequence of the convoluted approach that the Supreme Court has taken to analyzing Charter issues when they arise in administrative decision - making.

Information law analysis: The EU's Advocate General Bot recently issued an Opinion regarding the relevant jurisdiction vis - a-vis data processing activities involving Facebook.

in the UK, whilst the precise circumstances that gave rise to the Bridgeman v. Corel litigation have never been the subject matter of a claim decided before the UK Courts, practicing lawyers and legal academics alike generally agree that under a UK law analysis the judgment in Bridgeman v. Corel is wrong and that copyright can subsist in a photograph of a painting.

As I understand what you've written, you're saying that since Canadian criminal law analysis requires both the proscribed act and the requisite mental state for a Criminal Code conviction, we, in terms of that analysis, have to understand that the effect of the sections involved is to deem both the act and the mental state to have been Merton's own act, own intent, for the purpose of the requirements of the CC sections involved.

Decisional law analysis and case discussions: overview of key legal decisions and ramifications

I send emails asking simple questions, like «did you do a choice of law analysis before saying State A's law applies.»

About Blog Fashion Law & Fashion Modeling Law Analysis by Uduak Oduok, Esq..

It would be time - consuming and fine case law analysis to pin down accidents where drivers killed a cyclist yet were never fined or fined very little.

The continuing debate on the role of noneconomic factors in competition law analysis has been triggered by the Commission's move towards a more «economic» approach to competition law together with Giorgio Monti's seminal article «Article 81 EC and Public Policy» in the Common Market Law Review.

There are essentially two types of objection to the international law analysis, a «light» and a «strong» version, both of which rely on the European citizenship provisions and case - law, and the oft - cited aphorism that «the EU constitutes a new legal order of international law» which counts individuals as well as sovereign states among its subjects, first uttered in the Van Gend en Loos case.

Instead of asking whether there had been any participation in publication by Google, as generally seen in orthodox common law analysis, Justice Eady considered that the starting point should be examination of the «mental element», that is, the defendant's degree of awareness or at least assumption of general responsibility.

Through its unique «transsystemic» curriculum, which simultaneously exposes students to the Civil and Common legal traditions, students engage in comparative law analyses that promote a more critical understanding of the judicial system and, also, to examine international legal systems in a global context.

Under conflict of laws analysis, choice of forum and choice of law are conceptually distinct; albeit the latter is one, among a number of factors in the jurisdictional analysis for consent - based jurisdiction (the «strong cause» test) and the discretionary forum non conveniens test.

Some can do more advanced work, like drafting memorandums of law, case law analysis and pre-transactional due diligence.

The competition law analysis, fortunately, becomes slightly more orthodox in paragraph 48 where the Court holds that the agreements will also amount to restriction by object whenever the agreements will eliminate or seriously weaken competition on the market.

Done from the bench without hearing the respondent's submissions, the dismissal strongly affirms the current conflicts of law analysis, which may require a plaintiff to litigate his or her tort claim in one jurisdiction and his or her contractual insurance claims in another.

In so doing, the Court significantly expanded the scope for taking social interests into account within competition law analysis and rejected the more narrow and liberal approach taken by the Dutch National Competition Authority (NCA), the Dutch government and — not surprisingly — the European Commission.

See generally Linda Silberman, Hague Convention on International Child Abduction: A Brief Overview and Case Law Analysis, 28 Fam.

We do have online legal services providers, case management programs, case law analysis (starting to use predictive analysis), e-discovery, and so on, but I daresay most of the great projects that will eventually come out are still in the making.

But as I explain here, it doesn't make much sense to apply traditional unauthorized - practice - of - law analysis to what LegalZoom does.

Abusive Pricing in an IP Licensing Context: An EC Competition Law Analysis, in C.D. Elhermann and M. Marquis, European Competition Law Annual 2007: A Reformed Approach to Article 82 EC, Hart Publishing, 2008.

Based on ground - up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant / irrelevant considerations, breach of an ECHR protected right or equality duty, and constitutional allocation of powers, constitutional rights, or other complex constitutional principles.

It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies.