Sentences with phrase «law uses a doctrine»

California personal injury law uses a doctrine of «comparative negligence» to determine legal responsibility for damages caused by a car accident.

Not exact matches

Under doctrines called champerty and maintenance, the law used to bar unrelated third parties from paying someone else to engage in litigation and financing a lawsuit in exchange for a share of the damages.

They use Christian doctrine to pass laws that can tend to isolate those «not like them».

Because the Charter has been used and will be used to read the moral law out of the Common Law and to read in a doctrine of autonomy that represents an incoherent anthropology of unfettered self - determination, incompatible with the Common Llaw out of the Common Law and to read in a doctrine of autonomy that represents an incoherent anthropology of unfettered self - determination, incompatible with the Common LLaw and to read in a doctrine of autonomy that represents an incoherent anthropology of unfettered self - determination, incompatible with the Common LawLaw.

(1 Corinthians 6:9 - 11) «But we know that the law is good if one uses it lawfully, knowing this: that the law is not made for a righteous person, but for the lawless and insubordinate, for the ungodly and for sinners, for the unholy and profane, for murderers of fathers and murderers of mothers, for manslayers, for fornicators, for sodomites, for kidnappers, for liars, for perjurers, and if there is any other thing that is contrary to sound doctrine, according to the glorious gospel of the blessed God which was committed to my trust.»

Dr. Gary North, a major figure among the Dominionists, clarifies their goal and tactics: «We must use the doctrine of religious liberty... until we train up a generation of people who know that there is no religious neutrality, no neutral law, no neutral education, and no neutral civil government.

For the others, I have considerable respect and at least some sympathy — but somewhere along the winding trail from natural law to theological doctrine, he and I part company (though I'd happily tag along as what the Communists used to call a fellow traveler, if he'd tolerate the company).

J. M. Sterrett defines Antinomianism as follows: «In its widest sense the term is used to designate the doctrines of extreme fanatics who deny subjection to any law other than the subjective caprices of the empirical individual, though this individual is generally credited as the witness and interpreter of the Holy Spirit.»

Most of the sourced material on prudentpennypincher.com is posted according to the fair use doctrine of copyright law for non-commercial reporting, education and discussion purposes.

The «enemy combatant» doctrine is part of the law of war and relies upon the notion that during a war you can use all necessary force against enemy soldiers and spies.

The aforementioned suit over a candidate's use of LLC money was settled out of court, so there hasn't yet been a clear test of what might be called the Sugarman Doctrine, which assumes underutilized power in the sections of election law prohibiting attempts to circumvent contribution limits and obfuscate the true source of campaign money.

Betsy DeVos has served on the board of the Acton Institute which has featured events by Christian Dominionist Gary North who is on record writing, without irony: «So let us be blunt about it: we must use the doctrine of religious liberty to gain independence for Christian schools until we train up a generation of people who know that there is no religious neutrality, no neutral law, no neutral education, and no neutral civil government.

Jim Crow was a localized form of state - sponsored oppression that was, at the time illegal based on federal law but allowed to continue by apathetic and politically expedient federal authorities under the guise of furthering a doctrine of «states rights»; the same euphemism for slavery the southern plantation owning oligarchs used to rationalize secession and trick the poor white southerners to fight a war and die in the millions.

Are the copyright or other laws applicable to the books balanced, giving readers the protection of doctrines like fair use or copyright exceptions and limitations?

It is the user's obligation to comply with all applicable laws, including, where necessary, seeking the advice of counsel regarding the application of the fair use doctrine to the proposed educational use of materials.

While I agree that I was possibly over-simplifying for the sake of boiling down my point into something more breezy to read, I have a pretty good understanding of copyright laws and the fair use doctrine.

A common law doctrine, which applies in Canada, holds that in interpreting legislation, courts should presume that Parliament intended to legislate in a manner consistent with its international treaty obligations... [I] t is clear that the courts can make use of international human rights law in interpretation.

Citing case law and scholarly commentary on the doctrine of adverse possession, he concluded that «mere use or occupation is not enough» (at para 15) and that «physical possession alone may not be enough» (at para 18).

When I began my teaching career, at Georgetown, I taught a traditional legal writing course with writing assignments drawn from a variety of doctrinal areas, paying more attention to skills I wanted to teach — e.g. analyzing statutes, using elements tests, analogizing and distinguishing cases, synthesizing case and statutory law, etc. — than to integrating any particular area of doctrine.

Jonathan Evan Goldberg, «Now That The Future Has Arrived, Maybe The Law Should Take A Look: Multimedia Technology And Its Interaction With The Fair Use Doctrine,» 44 AM.

In addition to recognising the doctrine in substance, the Supreme Court even goes as far as to use both these terms by name by referring to the «primacy of EU law» at Paragraph 66 and the «overriding supremacy» of the source of EU law in the hierarchy of domestic law sources at Paragraph 81.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

David Oxenford of the Broadcast Law Blog suggests that the implications of Citizen United might be a return of the Zapple Doctrine (23 F.C.C. 2d 707 (1970)-RRB-, which hasn't been used in over 25 years.

Sometimes somebody else's copyrighted material isn't necessarily Criminal but there is a way around that called Fair Use Doctrine under copyright law.

Court decisions written hundreds of years ago form the basis for our common law system and are still used as tools to educate law students on legal doctrine.

While the American fair use doctrine is quite distinctly different from the fair dealing concept in Canadian law: CIPO's A Guide to Copyrights and Robic's useful guide to Fair Dealing: Criticism, Review and Newspaper Summaries.

Nevertheless, delivering different preliminary rulings on the same day can also be a signal to make it clear that, although the Court is not willing to abandon its cooperative strategy towards national courts, it is ready to take some steps to avoid the abusive use of the acte clair doctrine that many national courts were making and which is contrary to the uniformity of EU law that the ECJ pursues through the preliminary ruling mechanism.

Moreover, in many of these cases, Nevada law allows victims to use the zone - of - danger rule and expand the foreseeability doctrine, so even victims who do not suffer a physical injury may be entitled to compensation.

Law professors used to «write illuminatingly about legal doctrine» in articles and treatises.

The Court signalled in Canadian Western Bank v Alberta, 2007 SCC 22 (CanLII), that generally the use of the doctrine should be minimized since it is redolent of more rigid approaches to constitutional law that favour «watertight compartments» rather than the more modern cooperative federalism approach.

The majority disagreed with the Crown's contention that «mild sexual touching» could be dealt with using the de minimus doctrine, stating that «Without suggesting that the de minimus principle has no place in the law of sexual assault, it should be noted that even mild non-consensual touching of a sexual nature can have profound implications for the complainant» (at para. 63).

Next comes Terri Enns and Monte Smith's article, entitled, «Take a (Cognitive) Load Off: Creating Space to Allow First - Year Legal Writing Students to Focus on Analytical and Writing Processes,» in which Terri and Monte encourage us to focus the students» attention away from the documents they write — the products — and focus on writing and analysis — the processes.8 Terri and Monte's article provide us with a discussion of the cognitive blocks that «impede -LSB--RSB- first - year law students» ability to learn analytical and writing processes at the same time that the students are producing written analysis for a grade,» as well as describing exercises that Terri and Monte have used in class to assist the students in refocusing on the writing and analytical processes, instead of the products.9 And Terri and Monte's article concludes with a proposal of devoting a portion of class to processes, 10 in hopes that «[g] reater understanding and the adoption of that doctrine [the processes] should improve the students» ability to transfer their new knowledge to new analysis and writing tasks.»

In this article, Dr Faraj Ahnish, Managing Partner, Abu Dhabi, consider the UAE Courts» application of the res judicata doctrine and differences to its use in Common Law jurisdictions.

A case called Digital Realty Trust v. Somers gives the Supreme Court a chance to rein in a particularly inappropriate use of the Chevron doctrine, under which courts give deference to agencies» interpretations of law [Ilya Shapiro, Harvard Law Review bllaw [Ilya Shapiro, Harvard Law Review blLaw Review blog]

Y is free to use that copy however Y pleases, per the first sale doctrine: when you receive a copy of the work in a way authorized by the copyright holder, copyright law does not limit your ability to use that one copy.

Let's start with doctrine: — Current copyright literature Next to Genie Tyburski and the wonderful Virtual Chase — Virtual Chase Legal Research guide: Intellectual Property Law From Slaw's own Ted Tjaden, some Canadian links — Intellectual Property Law — Canada Pausing only to suppress my occasional cynicism about the length of time that Canada's policy - making on copyright has been going on, at least they have good resources explaining the process — Copyright Reform Process A few comparative links: the United Kingdom — Copyright on the UK Patent Office Site Next New Zealand — New Zealand Copyright Law How to do research on Australian copyright law — Intellectual Property Research in Australia Now two important US sites: first the authorized version — The US Copyright Office Next, a wonderful site that reflects some of Larry Lessig «s thinking at Stanford — The Stanford Copyright and Fair Use Center And finally, reflecting the fact that so much law in this area reflects not domestic policy - making, but hard - fought international consensus, an Index to what the World Intellectual Property Organization (WIPO), a United Nations agency has accomplished — WIPO Index And to conclude with an American and a European take on international copyright, since I was just in Chicago, look at Irene Berkey's links — International Intellectual Property and finally a European source (actually it's Swiss, but that's not obviousRobert Kraft, in his Diaries, quotes Stravinsky, la justice — c’est une invention suisse)-- Swiss Legal Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Peter JacLaw From Slaw's own Ted Tjaden, some Canadian links — Intellectual Property Law — Canada Pausing only to suppress my occasional cynicism about the length of time that Canada's policy - making on copyright has been going on, at least they have good resources explaining the process — Copyright Reform Process A few comparative links: the United Kingdom — Copyright on the UK Patent Office Site Next New Zealand — New Zealand Copyright Law How to do research on Australian copyright law — Intellectual Property Research in Australia Now two important US sites: first the authorized version — The US Copyright Office Next, a wonderful site that reflects some of Larry Lessig «s thinking at Stanford — The Stanford Copyright and Fair Use Center And finally, reflecting the fact that so much law in this area reflects not domestic policy - making, but hard - fought international consensus, an Index to what the World Intellectual Property Organization (WIPO), a United Nations agency has accomplished — WIPO Index And to conclude with an American and a European take on international copyright, since I was just in Chicago, look at Irene Berkey's links — International Intellectual Property and finally a European source (actually it's Swiss, but that's not obviousRobert Kraft, in his Diaries, quotes Stravinsky, la justice — c’est une invention suisse)-- Swiss Legal Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Peter JacLaw — Canada Pausing only to suppress my occasional cynicism about the length of time that Canada's policy - making on copyright has been going on, at least they have good resources explaining the process — Copyright Reform Process A few comparative links: the United Kingdom — Copyright on the UK Patent Office Site Next New Zealand — New Zealand Copyright Law How to do research on Australian copyright law — Intellectual Property Research in Australia Now two important US sites: first the authorized version — The US Copyright Office Next, a wonderful site that reflects some of Larry Lessig «s thinking at Stanford — The Stanford Copyright and Fair Use Center And finally, reflecting the fact that so much law in this area reflects not domestic policy - making, but hard - fought international consensus, an Index to what the World Intellectual Property Organization (WIPO), a United Nations agency has accomplished — WIPO Index And to conclude with an American and a European take on international copyright, since I was just in Chicago, look at Irene Berkey's links — International Intellectual Property and finally a European source (actually it's Swiss, but that's not obviousRobert Kraft, in his Diaries, quotes Stravinsky, la justice — c’est une invention suisse)-- Swiss Legal Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Peter JacLaw How to do research on Australian copyright law — Intellectual Property Research in Australia Now two important US sites: first the authorized version — The US Copyright Office Next, a wonderful site that reflects some of Larry Lessig «s thinking at Stanford — The Stanford Copyright and Fair Use Center And finally, reflecting the fact that so much law in this area reflects not domestic policy - making, but hard - fought international consensus, an Index to what the World Intellectual Property Organization (WIPO), a United Nations agency has accomplished — WIPO Index And to conclude with an American and a European take on international copyright, since I was just in Chicago, look at Irene Berkey's links — International Intellectual Property and finally a European source (actually it's Swiss, but that's not obviousRobert Kraft, in his Diaries, quotes Stravinsky, la justice — c’est une invention suisse)-- Swiss Legal Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Peter Jaclaw — Intellectual Property Research in Australia Now two important US sites: first the authorized version — The US Copyright Office Next, a wonderful site that reflects some of Larry Lessig «s thinking at Stanford — The Stanford Copyright and Fair Use Center And finally, reflecting the fact that so much law in this area reflects not domestic policy - making, but hard - fought international consensus, an Index to what the World Intellectual Property Organization (WIPO), a United Nations agency has accomplished — WIPO Index And to conclude with an American and a European take on international copyright, since I was just in Chicago, look at Irene Berkey's links — International Intellectual Property and finally a European source (actually it's Swiss, but that's not obviousRobert Kraft, in his Diaries, quotes Stravinsky, la justice — c’est une invention suisse)-- Swiss Legal Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Peter Jaclaw in this area reflects not domestic policy - making, but hard - fought international consensus, an Index to what the World Intellectual Property Organization (WIPO), a United Nations agency has accomplished — WIPO Index And to conclude with an American and a European take on international copyright, since I was just in Chicago, look at Irene Berkey's links — International Intellectual Property and finally a European source (actually it's Swiss, but that's not obviousRobert Kraft, in his Diaries, quotes Stravinsky, la justice — c’est une invention suisse)-- Swiss Legal Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Peter Jacso.

As such, since the materials in question are clearly public domain under federal copyright law, any attempt by a library to place restrictions on the use of this material would be unenforceable under the «federal pre-emption doctrine» (in addition, the library would not like not gain copyright in the pre-1923 music by merely digitizing it: Bridgeman Art Library v Corel, 36 F. Supp.

One of the most misunderstood elements of copyright law, especially among students, is the doctrine of fair use.

Even in this case it's not used to explicitly refer to the doctrine of originalism aside from citing a law review article using the term in its title, which again demonstrates the limitations of using this software to make general assumptions.

As noted by Barbara Guastaferro, the assumption that the purpose of the clause is that of applying in exceptional cases of conflicts between EU law and domestic constitutional law — in an attempt to narrow the scope of application of the supremacy doctrine — has to be challenged; while the potential for a use of the clause in governing the ordinary functioning of EU law should be, on the contrary, highlighted.

But when law school continues to use the «doctrine focused» method of teaching in the second and third year it loses the opportunity to teach critical lawyering skills and to help students form their professional identity as ethical lawyers.

In October 2004, in the so - called Bournewood case, the European Court of Human Rights (ECtHR) held that it would breach the European Convention on Human Rights (the Convention) for the common law doctrine of necessity to be used to deprive an incapable person of his liberty (see HL v United Kingdom Application 45508 / 99 [2004] All ER (D) 39 (Oct)-RRB-.

It is the user's obligation to comply with all applicable laws, including, where necessary, seeking the advice of counsel regarding the application of the fair use doctrine to the proposed educational use of materials.

Now, Google and other developers who copy an API without having a license to do so may have only one defense: a doctrine in copyright law called «fair use.»

The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

Without something in writing at closing commemorating the Sellers promises, the Seller can use a law called the Doctrine of Merger to say that their promises died with the acceptance of their deed by the Buyer.