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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.
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JustAnswer.com... has seen a spike since October in
legal questions from readers about layoffs, unemployment and severance.
Appellate courts must be cautious, however, in finding that a trial judge erred in law in his or her determination of negligence, as it is often difficult to extricate
the legal questions from the factual.
When Ray McNeal volunteers at his church's Tuesday morning homeless ministry, he occasionally finds himself fielding
legal questions from the poor and homeless.
We didn't have the resources to reply to
legal questions from the public.
Most Texas public schools begin classes in late August, which produces fresh
legal questions from everyone involved, including students, parents, teachers, school administrators, bus drivers and many others.
Not exact matches
Meanwhile, marijuana remains illegal on the federal level, and Attorney General Jeff Sessions has recently taken steps that would allow federal prosecutors in states where weed is
legal to decide whether to prosecute people over marijuana sales in a development that could threaten the burgeoning industry (or, at the very least, spur litigation
from some of the states in
question looking to keep the federal government
from interfering with statewide legislation).
«Any argument they make for keeping that in would result in the same kinds of
legal challenges presented by Section 3 (c), which poses the
question of, «Why have people
from these countries been deemed more dangerous than others?»»
But now, according to The Journal, we learn that Flynn's work involved a meeting on September 19, 2016 with senior Turkish government officials to discuss how to remove a Turkish dissident
from the United States without going through judicial or other
legal processes — actions that could violate U.S. criminal laws and that certainly raise anew serious
questions about Flynn's judgment and ethics.
The Oracle of Omaha first got involved with the Charlotte - based banking giant back in 2011, when investors began
questioning whether Bank of America could deal with
legal fees and liabilities stemming
from the subprime mortgage crisis.
Another Bush nominee, former New York City police commissioner Bernard Kerik, withdrew his name
from consideration for secretary of homeland security in 2004 after he disclosed that
questions had been raised about the
legal status of a former housekeeper and nanny.
A key
legal question is whether Seattle - based Amazon has grown to the point of discouraging innovation
from competitors.
From a strictly
legal perspective, the relevant
question is not whether there is a sufficient connection to any particular existing or proposed oil sands development or other production activity, and certainly not whether such projects or activities were included in the Terms of Reference (ToR), but rather simply whether the GHGs associated with the production of bitumen that will be transported by the NGP are an «environmental effect» of that project (see NGP Report, Volume II, Appendix 4, Terms of Reference, which defines «environmental effect» very broadly to mean «any change that the project may cause in the environment.»
And among the many
questions you ask of any potential provider be sure to ask about audit rates,
legal support
from an attorney representing your interests and an expert plan administration team — all of these elements are key to your business's long term success when funding with ROBS.
The central
legal question has not changed: When Michael Cohen wired $ 130,000 to Stephanie Clifford, was he trying to prevent Melania
from learning about Clifford's allegations or trying to prevent voters in Michigan
from hearing these allegations?
Facebook's attempt to block a series of
legal questions relating to a long - running EU privacy case
from being referred to...
Where appropriate, he invites clients to take a step back
from the
legal issues in front of them and invites them to ask themselves better
questions by using the Osborne - Parnes Creative Problem Solving methodology.
Contributing to the slowdown would be the loss of the international arbitration mechanism built into NAFTA, which presently shields US and Canadian investors
from Mexico's
legal system amid
questions surrounding Mexico's commitment to the rule of law.
By moving beyond
legal reasoning to resolving
questions of moral and political values, the Court loses the characteristics of impartiality and independence
from politics that are fundamental to its legitimacy.
So my
question to catholic engineer... Would you contribute to a special fund, not for every day expenses and charitable works, but to pay for the
legal fees and damages incurred by the abusive priests that have, we hope, been expunged
from the RCC?
The
question might seem a befuddling one for a ballot in the heartland, but it stems
from a New Jersey
legal case in which a Muslim woman went to a family court asking for a restraining order against her spouse claiming he had raped her repeatedly.
It is considered politically incorrect and illiberal in Britain to
question «gay opinion» and there is growing evidence
from the Christian Institute and the St Thomas More
Legal Centre of the Establishment's intent to censor debate and deny freedom of speech on the issue.
Decisions had to be made
from time to time as to where or when services of the church would be held; the church needed to be told of the impending visit of an apostle, or of some prophet or teacher
from abroad; a
question has been raised as to the good faith of one of these visitors, and there must be some discussion of the point and a decision on it; a fellow Christian
from another church is on a journey and needs hospitality; a member of the local congregation planning to visit a church abroad needs a letter of introduction to that church, which someone must be authorized to provide; a serious dispute about property rights or some other
legal matter has arisen between two of the brothers and the church must name someone to help them settle the issue or must in some other way deal with it; a new local magistrate has begun to prosecute Christians for violating the law against unlicensed assembly, and consideration must be given to ways and means of meeting this crisis; charges have been brought against one of the members by another member, and these must be investigated and perhaps some disciplinary action taken; one of the members has died, and the church is called on for some special action in behalf of his family in the emergency; differences of opinion exist in the church on certain
questions of morals or belief (such as marriage and divorce, or the resurrection), differences which local prophets and teachers are apparently unable to compose, and a letter must be written to the apostle — who will write this letter and what exactly will it say?
We believe that Catholics who, in good conscience, take positions on the difficult
questions of
legal abortion and other controversial issues that differ
from the official hierarchical positions, act within their rights and responsibilities as Catholics and citizens.
Questions of interpretation are addressed in subsequent World Health Assembly Resolutions and where additional clarification is required, IBFAN seeks this
from UNICEF's
legal department.
Boulette: Because getting married is so easy, at least
from a
legal standpoint, many couples avoid hard
questions.
It is a
question about which policymakers have aimed to provide clarity, not only
from an ethical and
legal standpoint but to offer parents the assurance that they've made the right choice based on the weight of current medical evidence.
Despite these clear
legal obligations, Palmer said, «Our organizations have received many complaints and
questions from parenting employees and students who do not know their lactation rights, have faced difficulties when they need to pump milk on the job or during the school day, and do not know who to turn to within the school community for help.»
Questions - Getting value for money
from companies marketing services to help people make claims against missold Payment Protection Insurance Legislation, revising the system for electing British Members of the European Parliament, dealing with any consequences for social cohesion and criminality of the withdrawal of civil
legal aid for social welfare law cases, annual value of employers» national insurance contributions Legislation - Legal Aid, Sentencing and Punishment of Offenders
legal aid for social welfare law cases, annual value of employers» national insurance contributions Legislation -
Legal Aid, Sentencing and Punishment of Offenders
Legal Aid, Sentencing and Punishment of Offenders Bill
The
question is a good one; I just wanted to discourage people
from posting answers that say essentially «no, it's not
legal because the law says that the republic may not take into account the fact that religions exist.»
The key
question (in bold
from the start) is a
legal one.
In response to a
question from Patrick Harvie MSP at First Minister's
Questions, Nicola Sturgeon has announced her support for Northern Irish women to access free, safe, and
legal abortion services through the NHS in Scotland.
Since the Supreme Court has now prevented itself
from acknowledging the
question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice
from the United States Department of Justice Office of
Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen&ra
Legal Counsel as to how to respond to expected inquiries
from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing
legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen&ra
legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».
This
question came
from our site for
legal professionals, students, and others with experience or interest in law.
Last item is what I did remove
from my
question and «hope of
legal immigration» is a noticeable reason.
Lets attempt to get at the root of your
question: There is no
legal protection preventing an appointed official
from being fired for disobeying their superiors.
But, going with the current assumption that it is tentamount to accepting advertising
from foreign sources, the
question (of whether accepting payments to make statements is
legal) is a
question which is not answered by the FEC page.
While Graham and others
questioned the PSC's ability to arbitrate environmental rather than utility issues, the commission's lawyers
questioned whether the plaintiffs had
legal standing since the organizations fighting the subsidy were mostly
from the lower Hudson Valley, which is some four hours away
from the nuclear plants.
ALBANY — A quintet of lawyers for daily fantasy sports sites spent more than three hours Tuesday insisting their operations in New York are
legal, and answering
questions from legislators who are considering laws that would clarify their legality.
But Mei acknowledged in response to Agnifilo's
questions that he never told the town supervisor about helping Singh to later acquire two loans
from Westchester County - based NDH Capital, about hiring the Democrat - connected Harris Beach law firm to represent the town at the request of Singh, about taking various bribes
from Singh or about forging Venditto's signature on a
legal document.
The Lords are busy too, continuing their work on the government's NHS reforms and putting forward
questions on everything
from London lorries to
legal aid.
His departure, however, opened an array of new
questions, about topics ranging
from the fate of Schneiderman's many
legal challenges to President Donald Trump, the possibility of a criminal prosecution of Schneiderman and the race to succeed him as the state's top law enforcement officer.
In response to the David Cameron's interview for BBC1's Countryfile programme, in which the Prime Minister says: «I always thought the hunting ban was a pretty bizarre piece of legislation, I think there should be a free vote in the House of Commons... My problem has always been that it was just taking the criminal law into an area of activity where it didn't really belong»; Alice Barnard, Chief Executive of the Countryside Alliance, said: «The Prime Minister is totally right to
question the Hunting Act, especially
from a
legal basis.
While on - air gaffes clearly make great television drama, news editors have at their disposal many information - rich sources that could be used to more routinely
question the parties» policies,
from economists and academics to
legal, medical or environmental experts.
Monday 11 March 2013 2.30 pm Oral
Questions Plans to tackle inequality in income and wealth in the UK - Lord Dubs Consequences for access to justice for those who will not be able to receive free
legal advice on social welfare law matters
from 1 April - Lord Bach Future railway re-openings - Lord Faulkner of Worcester Progress towards achieving the projected increase in the size of the UK's reserve forces - Lord Rosser Legislation Enterprise and Regulatory Reform Bill - Report stage (Day 4)- Viscount Younger of Leckie Short Debate Recommendations of the Francis Report into the Mid-Staffordshire Hospitals NHS Foundation Trust - Lord Patel Short Debate Impact of NHS innovation and research strategies on health improvement and wealth creation - Lord Kakkar
A quintet of lawyers for daily fantasy sports sites spent more than three hours today insisting their operations in New York are
legal, and answering
questions from legislators who are considering laws that would clarify their legality.