Sentences with phrase «legislative intent»

How does that change the hunt for legislative intent?

What is required is a contextual approach, which focuses on the expertise of the administrative decision - maker and the statute in which it operates, in order to discern legislative intent.

Learn how to trace federal legislation back in time, note up legislation, and research legislative intent.

How would we reconcile the ordinary meaning of the words taken in their entire statutory context with this conflicting legislative intent?

Section 41 itself made it clear that only joint inventors could benefit and not contributors, that was the very legislative intent of the statute.

Murphy was named the chair of the Administrative Regulations Review Commission, an entity charged with reviewing proposed rules and regulations by State agencies and public authorities to examine their compliance with legislative intent and their potential impact on businesses and local governments.

The point is that the presumption of expertise should be rebuttable with clear legislative intent in the form of statutory language.

This solution has the potential to achieve the balance that has thus far eluded the Court between both Congress» legislative intent behind the original enactment of the mandatory sentencing guidelines, and the Court's Sixth Amendment concerns raised in Booker.

That the legal profession indulges in the fiction of a true or certain legislative intent in most cases speaks,... [more]

According to this year's state - sponsored evaluation of charter schools by California's nonpartisan Legislative Analyst, charter schools «are meeting original legislative intent: expanding families» choices, encouraging parental involvement, increasing teacher satisfaction, and raising academic achievement, particularly for certain groups of disadvantaged students.»

Given its reliance on legislative intent, the majority may have been to quick to reject the categorical argument made on behalf of Mr. Penner.

This explains why the jurisprudence no longer speaks of legislative intent as the source of the deference obligation and why the law has effectively abandoned the distinction traditionally drawn between judicial and appellate review.

First, the bill's legislative intent provides that «political contributions from the casino industry will be minimized to reduce the potential of political corruption from casinos.»

That the legal profession indulges in the fiction of a true or certain legislative intent in most cases speaks, at the very least, to a remarkable intellectual insularity.

Co. and ABN AMRO Bank, N.V. v. MBIA Inc. to emphasize that an unambiguous legislative intent to override the common law would be necessary for abrogation, and pointed to Burns Jackson v. Lindner,

[7] The goal was to capture legislative intent and, particularly, the degree of deference the legislature intended that reviewing courts should accord in respect of the decision under review.

In a Tuesday letter to the Gaming Commission and its siting board, Hein, a strong supporter of the Nevele plan, wrote: «It is my strong belief, motivated by legislative intent and fairness, that the new round of applications includes the Catskills / Hudson Valley Region, not just the Eastern Southern Tier / Finger Lakes Region.»

These differences in actual spending on disadvantaged students circumvent the federal and state legislative intent to create specific funding streams like Title I or state funding to support low - income students.

If that is the case, then already the court has developed the legislative policy by authoritatively declaring the law in the way that is uncertain in terms of any discernible specific legislative intent about the case before it.

As part of the contextual approach, Dunsmuir and its progeny insist that the presumptive categorization can be rebutted by a consideration of other factors; where those factors point to a differing legislative intent, that intent should be dispositive.

MacDonald J.A.'s overriding concern was to identify legislative intent, which seems entirely proper.

It is notoriously difficult to establish legislative intent.

This creates a labyrinth of documentation to navigate for any complex matter where legislative intent is important, but it limits the ability of legislators to capriciously enact laws.

In brief, Dunsmuir is on life - support so long as contextualism has a past but no future and the search for legislative intent remains a topic of historical interest.

The Judge in the Alphamix case, whilst declining to opine on the constitutionality of Article 1026 - 9, was of the view that it could not apply in that case because the Judge in Chambers had already issued the exequatur order and it could not have been the intention of the legislator to allow Article 1026 - 9 to reverse an order already made — very clear and unambiguous words would have been required in the CCP if that had been the real legislative intent.

And this ups the interpretive ante quite nicely, making clear for those who pursue legislative intent what the anti-gay purpose is, and declaring by (necessary?)

July 8, 2015), as holding «that the BRI approach is consistent with legislative intent and reasonable under the Office's rulemaking authority.»

«We are happy this lawsuit is moving forward with an appeal,» says Eric Steenstra, President of Vote Hemp, a non-profit organization working to bring industrial hemp farming back to the U.S. «We feel that the lower court's decision not only overlooks Congress's original legislative intent, but also fails to stand up for fundamental states» rights against overreaching federal regulation.

Reliance on legislative intent was also evident in Guay.

When the language of a statute is both vague and ambiguous, the attempt to discern legislative intent is an exercise in futility.

The change in numbering of the regulations by the Board would not alter the clear legislative intent to exempt from the program all Board regulations contained in Chapter 14 at the time the law went into effect.

The provision here does not meet this standard and therefore fails to evince clear and unambiguous legislative intent to set aside solicitor - client privilege.

But by the time he's done construing constitutional text and legislative intent, the impression is that he's too clever by half.

If Congress declared that something is a «compelling state interest,» that declaration, being an expression of legislative intent, would necessarily prevail.

But in the case of clergymen, there is considerable evidence of legislative intent; namely, the statutes of 44 states and the District of Columbia (plus the proposed federal Rule of Evidence No. 506).

On the other hand, willingly ignoring both the law, legislative intent, and the Constitution undoubtedly qualifies as impeachment material, should they want to pursue that.

Based upon the legislative intent to promote open government and public accountability for governmental actions, Freedom of Information Law provides a means of access to the records of government, with certain Exceptions that are enumerated in Public Officers Law § 87 (2).

It has been around for decades and debated repeatedly by members of the State Assembly so there is no confusion as to what the legislative intent is.

Still, Ms. Mark - Viverito's 52 - minute speech amounted to a clear statement of legislative intent, with the speaker outlining more than two dozen policy ideas aimed at helping less affluent New Yorkers.

«We encourage the Department of Taxation and Finance to implement these changes in such a way that the legislative intent is fully realized.»

The legislative intent of the bill is to «ensure that all workers in Albany County can address their own health and safety needs... and the needs of their families...» The legislature found that access to paid sick time promotes a healthy and safe county, reduces the spread of illness, and provides greater flexibility to employees with caregiving responsibilities.

«I look forward to working with Speaker Silver and my colleagues to ensure that all entities are acting efficiently, responsibly and in compliance with the legislative intent under which they were created.»

«I think the Senate president's expression of legislative intent is a powerful expression,» Taylor said.