Sentences with phrase «law under clause»

In addition to concerns about the wide discretion that might be given to the judiciary to take what might be seen as «political» decisions, it is also far from clear that the provisions relating to the interpretation of retained EU law under Clause 6 of the Bill allow for a smooth transition.

Not exact matches

The Justice Department lawsuit will cite a provision of the U.S. Constitution known as the «Supremacy Clause,» under which federal laws trump state laws.

With the help of the Transgender Law Center and the civil rights law firm Relman, Dane & Colfax, Whitaker sued his school district, arguing that it was violating his rights under Title IX and the 14th Amendment's Equal Protection ClauLaw Center and the civil rights law firm Relman, Dane & Colfax, Whitaker sued his school district, arguing that it was violating his rights under Title IX and the 14th Amendment's Equal Protection Claulaw firm Relman, Dane & Colfax, Whitaker sued his school district, arguing that it was violating his rights under Title IX and the 14th Amendment's Equal Protection Clause.

Confidentiality clauses relating to harassment claims come in two basic flavors — and under existing law, the distinction between the two is significant.

and finally resolved by arbitration in the United States under Nevada State Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reservLaw which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reservlaw or other judicial authority, which rights are expressly reserved.

A district court has held that a 2007 law amending the Texas Pledge of Allegiance to include the phrase «one state under God» does not violate the Establishment Clause.

He said federal law, under the Establishment Clause, is clear that public schools can not «approve in advance a student's prayer» or «carve out time specifically for religious expression.»

Under the Free Exercise Clause, the government usually can require that religious groups follow «religion - neutral, generally applicable» laws.

It has always been assumed that, under the Free Exercise Clause, these laws did not prohibit churches from providing sacramental wine to minors participating in the celebration of the Lord's Supper.

Under the Smith decision, churches are not protected by the Free Exercise Clause against these laws, because the laws are of «general application» and are aimed at restricting «socially harmful conduct.»

«A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of this clause or any State law permitted under section 403A (a)(4).»

Many employers in these states, as well as in others where this sort of open sale and use is still against the law, simply decided to turn a blind eye to marijuana testing, opting instead for clear clauses in contracts that stipulate that employees may not show up for work under the influence.

For example, even federal drug laws are deemed to be authorized under the Commerce Clause, as they regulate commerce of the drugs.

How can SCOTUS declare any law unconstitutional under this clause?

Since Bolling v. Sharpe, a Supreme Court decisions that came out the same day as Brown v. Board of Education, the 5th amendment's Due Process clause has been interpreted by the courts to also imply a guarantee of equal protection under federal law.

After that point, deciding whether he violated the law is Congress's problem under the Impeachment Clause.

«Under the present law, the courts will not make such a finding, but clause six would provide the courts with a justification for doing so.»

«Having concluded that the Commissioner's implementation and usage of Education Law... is not unconstitutional under either Due Process Clause, the Court obviously must conclude that the statute is not unconstitutional on its face,» Acting Supreme Court Justice Roger D. McDonough wrote in his ruling.

The law, known as the Gun - Free School Zones Act, was struck down last fall by the U.S. Court of Appeals for the Fifth Circuit, which said that Congress exceeded its authority under the commerce clause of the Constitution when it made gun possession near public or private schools a federal offense.

Under this broad scope of authority to Congress, the preamble to the copyright and patent clause sets forth the overarching purpose of intellectual property law in the United States.

The Florida public - school establishment is suing to repeal the Sunshine State's 13 - year - old school - choice tax credit and its new education savings accounts under the state's Blaine Amendment and its «uniformity clause,» which mandates that «Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools...» The Florida Supreme Court previously struck down the state's voucher program under this provision in Bush v. Holmes (2006), on the grounds that the vouchers «divert [ed] public dollars» from «the sole means set out in the Constitution for the state to provide for the education of Florida's children.»

There isn't one specific provision in the California constitution that's violated, exactly: Rather, the court identifies three «pertinent» clauses in the constitution: a guarantee of equal protection under the law, a provision ordering the legislature to encourage «intellectual [and] scientific improvement,» and a requirement that the legislature «provide for a system of common schools.»

(A) designate a State agency as the sole State agency to administer the plan, or to supervise its administration by a local agency, except that (i) where under the State's law the State agency for the blind or other agency which provides assistance or services to the adult blind, is authorized to * provide vocational REHABILITATION services to such individuals, such agency may be designated as the sole State agency to administer the part of the plan * under which vocational REHABILITATION services are provided for the blind (or to supervise the administration of such part by a local agency) and a separate State agency may be designated as the sole State agency with respect to the rest of the State plan, and (ii) the Secretary, upon the request of a State, may authorize such agency to share funding and administrative responsibility with another agency of the State or with a local agency in order to permit such agencies to carry out a joint program to provide services to handicapped individuals, and may waive compliance with respect to vocational * REHABILITATION services furnished under such programs with the requirement of clause (4) of this subsection that the plan be in effect in all political subdivisions of that State;

As used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's household.

You agree that the Website Terms involves commerce under 9 U.S.C. § § 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act.

This law, then, becomes a constitutional problem because it inhibits the non-enumerated but generally accepted right to interstate travel under the Fifth Amendment's Due Process Clause.

The Judge granted the County's motion to dismiss on all claims, including a challenge under the Commerce Clause, Equal Protection Clause, federal and state law preemption, Contracts Clause, and vagueness.

c) Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit The Travel Magazine liability to You for death or personal injury resulting from our negligence or that of our employees or agents.

Lucia v. Securities and Exchange Commission, No. 17 - 130, presenting the question of whether Securities and Exchange Commission administrative law judges are Officers of the United States under the Appointments Clause.

Parties contracting under Chinese law can include a negotiated termination clause, and / or be permitted to terminate on breach of a «main obligation» of the contract which is not rectified within a reasonable time.

The relevance of finding that the Union's withdrawal clause was not incorporated into domestic law to the question at issue is that the presence of Article 50 in the Treaty of European Union provides no domestic authority for the UK executive to give notice to withdraw under the provisions of the European Communities Act 1972.

Holding: The Due Process Clause does not require an inquiry into the reliability of an eyewitness identification when the identification was not procured under unnecessarily suggestive circumstances by law enforcement.

This could be argued to endorse the view expressed by the author on this blog in November that the «constitutional requirements» clause in Article 50 (1) functions as the bridge between the domestic legal order and the Union legal order, and thus the giving and potential revocation of notice under Article 50 (2) is purely a matter of domestic law.

Nothing in this clause limits or excludes our liability for death or personal injury caused by our negligence, our liability for fraudulent misrepresentation or any other liability which can not be limited or excluded under English law.

Thus under the Railway Act privative clauses, comparable in every respect to those currently in the ACT, where the Board is acting without its jurisdiction and has not committed a reviewable error of law interpreting its statute, any errors of fact which it may commit are not reviewable.

Oliver Krauss - The Enforceability of Escalation Clauses Providing for Negotiations in Good Faith Under English Law

The classic case is that of Anisminic v Foreign Compensation Commission in which the House of Lords made it plain that errors of process and substantive errors that failed to match administrative law standards were reviewable notwithstanding a privative clause in the statute that conferred the decision - making power under challenge.

This applies directly in the case of federal criminal prosecutions in the federal courts, and applies in state courts because it is incorporated to apply in state court cases through the due process clause of the Fourteenth Amendment to the Constitution of the United States under 20th century case law applying the «Selective Incorporation doctrine.»

(2) Clause (1)(a) does not apply to an award for income loss or loss of earning capacity under subsection 61 (1) of the Family Law Act.

(g) subject to clause (h), by - laws made under Ontario Regulation 608/06 (Development Permits) made under the Planning Act,

Although the authorities have considered MFNs under competition law, many of the cases have resulted in settlements without fines being imposed following commitments by the parties to remove the clauses under investigation, which in turn has prevented the development of a consolidated doctrine on MFNs.

Regarding the missing termination clauses in both treaties, the rather general reference to the clausula rebus sic stantibus of Art. 62 VCLT by the court is rather disappointing, in particular knowing how difficult it is to argue a change of circumstances under public international law.

It argued that the can not enforce federal law and such an action is at the discretion of the congress under the Supremacy clause.

The original belief of Congress was that the law would be allowed under the Commerce Clause and the 14th Amendment.

Similarly, Ontario's Arbitration Act, 1991 allows a court to refuse to stay proceedings if one of the parties did not have legal capacity to enter into the contract in the first place, the arbitration clause is invalid, the subject - matter of the dispute can not be the subject of arbitration under Ontario law, the party seeking the stay engaged in undue delay, or the matter can be dealt with through default or summary judgment.

Under clause 7, the government will have the power to amend retained EU law for two years after exit day.

That could be achieved in a way consistent with our system by providing that retained direct EU legislation under clause 3 and all law that was converted into domestic law by clause 4 would be treated as having the status of an Act of the UK Parliament enacted on exit day.

This week the Supreme Court handed down judgment in R (Public Law Project) v Lord Chancellor, in which it unanimously concluded that the proposed restriction of legal aid on grounds of residence under the draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014 was ultra vires the Henry VIII clause in the enabling Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Last year, the English Court of Appeal's decision in Jivraj v Hashwani sparked widespread concern among many in the arbitration community that «nationality» provisions in arbitration clauses (including those in the ICC and LCIA Rules, incorporated by reference into countless contracts) might be void under English law, in relation to appointments made in the UK.

Guarantors defensed B of A's efforts to collect on the guaranty, with guarantors moving for attorney's fees under a fees clause in a contract having a New Mexico choice - of - law provision.