Sentences with phrase «legal effects of this ruling»

Not exact matches

Either way, the privacy rules were enacted on a limited basis in January, while a provision that would generally require ISPs to «engage in reasonable data security practices» in the event of security breaches was set to go into legal effect on March 2.

New SEC rules, mandated by the JOBS Act, go into effect on September 23 make public solicitation of investors legal, and companies are getting ready for what could be a revolution in how the media is used by NewSpace startups.

Although many artificial sweeteners are legal under FDA rules, the scientists wrote, «there is still uncertainty, particularly about long - term use and about low - level exposure effects on the health and development of children.»

Thus, legal rulings that weaken the effect of the Voting Rights Act will tend to increase the importance of the 2020 elections, when control of the redistricting process will be at stake.

In the ruling, the court determined there was no legal basis for the $ 50,000 fine placed on Libous at the time of his conviction given the ruling, in effect, is the same as if Libous had not been found guilty.

In 2016 the European Union adopted new data - protection rules — which come into effect next year — that include a legal right to an explanation of decisions made by algorithms.

The net effect of this complex ruling is to validate gene patents as a legal concept but reject claims made by Myriad for diagnostically using the genes BRCA1 and BRCA2 to identify mutations that carry a high risk for breast and ovarian cancer.

NOTE: This document informally summarizes some of the important effects of the rule, but it is not a substitute for the rule and should not be relied upon to determine legal compliance with the rule.

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

Whitfield is a co-sponsor of the Energy Tax Prevention Act, which would overturn the legal force and effect of EPA's Endangerment Rule, Tailoring Rule, and other rules imposing greenhouse gas permitting requirements on state governments and stationary sources.

26) 16 to nullify the legal force and effect of EPA's Endangerment Rule.17 The Endangerment Rule is the trigger for the Tailpipe Rule and the prerequisite for all other EPA greenhouse gas regulations.

Rather, the bill aims to overturn the legal force and effect of the Endangerment Rule, ensuring that Congress, not bureaucrats posing as custodians of policy - neutral science, make public policy.

It then proceeded to applied this principle to case before it: «[20] It follows from the foregoing that a body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the State, for providing a public service under the control of the State and has for that purpose special powers beyond those which result from the normal rules applicable in relations between individuals is included in any event among the bodies against which the provisions of a directive capable of having direct effect may be relied upon.»

Reduction of legal costs and due diligence, increased legal certainty and higher transaction volumes are regarded as positive effects of the introduction of a uniform rule on the property aspects of an assignment.

The campaigners were being told that it was not legally possible to make a rule change retrospectively (for those widows already in receipt of pensions) and that even were it possible this would be resisted by government due to the legal precedent it would set, and the knock - on effect it might have on other public sector schemes.

While the concept of «the spirit of solidarity» implies that this notion can not be codified in legal terms, the Court's ruling regards solidarity as a category which can impose legally binding effects, provided that it is concretized through specific measures taken in accordance with a legislative procedure.

In particular, as part of a more qualitative approach, one needs to have a look whether the current perceived «turbulences» have also by now reached the more fundamental layers of international law, i.e. meta - rules such as the ones on sources, State responsibility, State immunity, treaty interpretation, or res judicata effect of international court decisions must be abided by the parties involved, to name but a few, the general acceptance of which is indispensable for a functioning international legal system.

«(1) On an application for relief from any sanction imposed for a failure to comply with any rule... the court will consider all the circumstances including --(a) the interests of the administration of justice; (b) whether the application for relief has been made promptly; (c) whether the failure to comply was intentional; (d) whether there is a good explanation for the failure; (e) the extent to which the party in default has complied with other rules,...; (f) whether the failure to comply was caused by the party or the party's legal representative; (g) whether the hearing date... can still be met if relief is granted; (h) the effect which the failure to comply had on each party; and (i) the effect which the granting of relief would have on each party or a child whose interest the court considers relevant.

Is the Ontario rule of professional conduct that prevents lawyers from paying a referral fee, except to other lawyers, one of these antiquated, unjustifiable rules that has the effect of protecting the legal market for lawyers?

The results come as part of a Legal Week Big Question survey focusing on the SRA's move away from prescriptive rules - based regulation to a more risk - driven approach known as outcomes - focused regulation (OFR), which will come into effect on 6 October.

[10] And, quite apart from avoiding the multiplicity of actions — the mischief sought to be avoided by s 8 of the Judicature Act and R 1.3 of the Alberta Rules of Court, a proposition for which there is also ample case authority — the chambers judge properly adhered to the urging of the Supreme Court of Canada in Hryniak v Mauldin, 2014 SCC 7 (CanLII), [2014] 1 SCR 87 to the effect that courts are obliged to resolve legal disputes in the most cost - effective and timely method available, provided the process selected ensures fairness between the parties.

In the end it did not, preferring to say that «[the earlier authorities] are valuable and salutary, but the effect of the sea change which they wrought has been exaggerated and they do not warrant a wholesale jettisoning of all rules affecting procedure irrespective of their legal effect.»

The Supreme Court ruled in the Head Money Cases that «treaties» (ratified by 2/3 of the Senate as specified in Article II) have the same legal effect in US law as regular legislation passed by Congress (by a simple majority of both houses), which means that Congress can modify or repeal (insofar as US law is concerned) any «treaty» that is ratified by the Senate, by passing a later law that contradicts it, just like it can with regular legislation.

Thus, ER for Lawyers does not advise attorneys regarding the use or legal effect of the research, recommend a specific course of action to follow or express an opinion on whether a lawyer's described or alleged conduct constitutes a violation of a state's rules of professional conduct.

This was because, as a matter of EU law, when a new rule of law comes into force, it can not apply to legal situations which have arisen and become definitive prior to that date, but can apply to the future effects of a situation which arose under the old law.

The Constitutional Court has also held that the duty of the legislature and other lawmaking subjects to revise all legal acts adopted by them before the entry into effect of the Constitution and which still remain in force, also the legal acts adopted by no longer existing institutions after the entry into effect of the Constitution and still remaining in force, which regulate the relations which are assigned to the sphere of regulation of a corresponding law - making subject, as well as legal acts, which had been adopted before the restoration of the independent State of Lithuania and remained in force after restoration of the independent State of Lithuania and, after the entry into effect of the Constitution, regulate the relationships, which are assigned to the sphere of regulation of an appropriate legislative subject, and assess their conformity with the Constitution within a reasonably short period, stems from the principle of the supremacy of the Constitution, and the constitutional principle of a state under the rule of law (the Constitutional Court's ruling of 29 October 2003).

In this context, it should be mentioned that, as it has been held by the Constitutional Court, the principle of the supremacy of the Constitution implies also a duty of the legislature and other lawmaking subjects to revise legal acts which were passed before the entry into effect of the Constitution, while taking account of norms and principles of the Constitution, and to ensure a harmonious hierarchical system of legal acts which regulate the same relations (the Constitutional Court's rulings of 3 December 1997, 6 May 1998, 29 October 2003, and 5 March 2004).

On the other hand, the Nova Scotia Court of Appeal in Arnoldin Construction & Forms Ltd. v. Alta Surety Co. (1995), 137 N.S.R. (2d) 281 («Arnoldin») attempted to limit the effect of «pay when paid» clauses by ruling that subcontractors have a legal right to be paid within a reasonable time for their work, regardless of the fact that the contractor may not have been paid by the owner.

Stupid judges, badly written statutes, the effect of inequalities in resources and power, and other frailties of the legal system in practice make it hard to maintain belief in the normative importance of the rule of law.

(correct test for Barrister appeals; whether outside the ex improviso rule, prosecutor may call evidence after prosecution and defence case closed; use of debarring orders against prosecutor; whether tribunal may «enter the arena» and strongly request the attendance of a prosecution witness; whether BSB has power to summons witnesses; whether prosecutor may communicate with disciplinary judge behind the back of the defence; whether such communication redolent of actual bias of judge where judge wishes prosecutor good luck on appeal; whether apparent bias doctrine can be engaged by post-trial conduct of judge; legal effect of serving BSB prosecutions department officer being 1 of 4 appointing members of the COIC «Tribunals Appointments Body» (TAB); whether TAB ultra vires the Bar's Constitutions; whether open - ended power of removal of member of COIC pool without cause, unlawful given position of BSB Chair and senior staff on COIC; whether ECHR Article 6 guarantees against pressure on disciplinary judges to conform with a prosecutorial mentality; whether disciplinary judges Art. 6 «independent» within Findlay v United Kingdom given key role of BSB prosecutions department in appointing disciplinary judges; serious non-disclosure by BSB of notes of secret meeting between BSB and disciplinary judge until day before appeal and despite requests and application for disclosure by defence)

Going further, the Order is an acknowledgement that the exclusion of out - of - state lawyers (Model Rule 5.5 and its counterparts) has the effect of denying needed legal services to a population.

2) The Order itself is an acknowledgement on the part of the Supreme Court that how lawyers are regulated generally, and the unauthorized practice of law rules specifically, have a direct and demonstrable effect upon the extent to which citizens of a state are able to access legal services.

Accordingly, the Supreme Court's decision may impact the outcome of legal disputes concerning employers» work rules or policies that have the effect of constraining workers» conduct when they are away from the workplace outside of normal working hours.

This part finishes with an explanation of the effect of Model Rule 5.4 and the current regulatory framework on the development of new models for the delivery of legal services in the US.

Insight Had the Borrower Defense to Repayment rule taken effect, for - profit colleges would have had to prove their programs led to the «gainful employment» of graduates or risk the loss of federal aid, according to a post by Androvett Legal Media & Marketing.

By way of derogation from the rules laid down in paragraph 3, the same procedures shall apply for a decision to suspend the application of an agreement, and for the purpose of establishing the positions to be adopted on behalf of the Community in a body set up by an agreement based on Article 310, when that body is called upon to adopt decisions having legal effects, with the exception of decisions supplementing or amending the institutional framework of the agreement.

Her judgement has the effect of rendering the term «employment» more or less meaningless while introducing a rule of statutory interpretation (that so - called «quasi-constitutional» statutes — I'm not sure how the BC human rights code is more of a «quasi-constitutional» document than the BC Dog Leash Act, both have the same legal status, but that's a separate issue — should be given interpretations which bear no ressemblance to what their text actually provides.

Legal aid lawyers maintain that the desire to cut costs, reinforced by austerity in the last eight years, has had a serious effect on access to justice — and thereby the rule of law.

Mr. Green (lawyer, blogger, author and popular legal Twitterer under the handle @JackofKent) describes the most referenced of the three surviving chapters of the document — Article 29 — as a «wonderful and rousing statement of the rule of law» but one lacking in any practical effect or usefulness.

Both solutions will occur because the power of the news media and of the internet, interacting, will quickly make widely known these types of information, the cumulative effect of which will force governments and the courts to act: (1) the situations of the thousands of people whose lives have been ruined because they could not obtain the help of a lawyer; (2) the statistics as to the increasing percentages of litigants who are unrepresented and clogging the courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers of people being denied Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable cost.

Their effect, at the very least, and arguably even their purpose, is to prevent people from vindicating their legal rights whenever this vindication requires more time in court than a litigant can afford, which is contrary to the Rule of Law requirement that our relationships the government (and, to some considerable extent, with each other!)

We also provide transition provisions in § 164.532 regarding the effect of express legal permission obtained from an individual prior to the compliance date of this rule.

Response: In the final rule, we clarify that, consistent with the «state law» definition in § 160.202, «law» is intended to be read broadly to include the full array of binding legal authority, such as constitutions, statutes, rules, regulations, common law, or other governmental actions having the effect of law.

As in the proposed rule, covered entities must state in the notice that they are required by law to maintain the privacy of protected health information, to provide a notice of their legal duties and privacy practices, and to abide by the terms of the notice currently in effect.

Lord Bingham (para 20) added that the decisions in R v Sekhon [2006] 1 AC 368 and R v Soneji [2005] 4 All ER 321 are valuable and salutary, but the effect of the sea change which they wrought has been exaggerated and they do not warrant a wholesale jettisoning of all rules affecting procedure, irrespective of their legal effect.

The intent of the Electronic Commerce Act is how to give legal effect to electronic communications (documents and signatures), especially in the light of legal rules that appear to assume the use of paper,» says Brendan Crawley, a spokesman for Ontario's Ministry of the Attorney General.

The entire concept of cumulative effects raises difficult scientific, regulatory and legal issues that no Canadian jurisdiction has really come to terms with, and which still will be troublesome under the new approvals regime adopted last week (see my recent blog post on the new rules).

The regulatory approach presented by the author demystifies nebulous notions of «ethics» and «morality» by examining the efficient functioning of the legal system, the effect of rules on self - interested actors, the goals of deterrence and compensation, and the implications of a self - governing profession.

Preliminary questions such as legal capacity and the validity of the marriage, and matters such as the effects of divorce or legal separation on property, name, parental responsibility, maintenance obligations or any other ancillary measures should be determined by the conflict - of - laws rules applicable in the participating Member State concerned.

The final rule could then go into full legal effect for liability purposes in January or February when there are fewer transactions and there will be much greater knowledge of how to avoid problems and still comply.