Sentences with phrase «light of this case law»

Ms. I's judicial success, which was more extensive in dollar amount than legal claims, was relatively unusual in light of case law concerning principal accountability based on school performance.

In the light of this case law, the García - Nieto judgment not only confirms the Dano — Alimanovic line of jurisprudence, but also adds another dimension to the realization that the heyday of a justice - driven EU social citizenship is behind us.

In light of this case law, the draft agreement is problematic in several respects.

As to renegotiations, it seems that accepting such an argument would be highly unlikely in light of the case law of the Court.

As the referring court has asked for guidance on the interpretation of Article 25 of the Visa Code in the light of Article 4 of the Charter, the AG then analyses the scope and content of Article 4 of the Charter in the light of the case law of the ECtHR on Article 3 ECHR (Mahmut Kaya v. Turkey, El - Masri v. Macedonia and Nasr et Ghali c. Italie).

In a comprehensive assessment of the circumstances of Åke Green's case, in light of the case law of the European Court, it is at first clear that there is no question there of the kind of hateful statements known as «hate speech.»

Balancing may be needed but balancing requires a proper weighing of these rights in light of our case law.

The former involves critical appraisal of an application drawing out the strengths and weaknesses in light of both case law and inquiry decisions.

Not exact matches

The case raises an array of labour relations and employment law questions that will surely be answered in the weeks and months ahead as more information comes to light.

Furthermore, the regulation of charities seems «light» and is often covered by state law (as is the case in Florida).

In the rare case that vertical integration did create this form of market power, he believed that it would be disciplined by actual or potential entry by competitors.133 In light of this, antitrust law's aversion to vertical arrangements was, Bork argued, irrational.

«In light of the unforeseeable changes in established first amendment law set forth in recent decisions of the United States Supreme Court,» the court said, «justice demands that we analyze the present case in light of the protections found in the Minnesota Constitution.»

State prosecutors took over the case against Kerrick early on, when it came to light that Mecklenburg district attorney Andrew Murray had once been a law partner of a member of Kerrick's defense team.

Even if a state's concussion safety law does cover community - based, private sports programs, very few states have enacted laws that cover all aspects of youth sports safety, such as requiring more broad - based safety training for coaches in first - aid, CPR, and the use of an AED, and the development and implementation of an Emergency Action Plan (EAP) to be triggered in case of medical emergencies, such as a cardiac event (e.g. sudden cardiac arrest), asthma attack, allergic reaction to a bee sting, or heat stroke, and environmental emergencies (lighting, tornado, or an excessively high heat index).

... [T] aking it in this civil light, the law treats it as it does all other contracts; allowing it to be good and valid in all cases, where the parties at the time of making it were, in the first place, willing to contract; secondly, able to contract; and, lastly, actually did contract, in the proper forms and solemnities required by law.

Whenever, between the time of the final judgment in a criminal case and the time the sentence is fully served, a law is enacted that stipulates a lighter penalty, the original sentencing shall be reduced to the special maximum of the new sentencing if the previous one exceeded that special maximum.

The BHA has made its comments in light of a new legal case launched by Tony Nicklinson which seeks clarity in the law on murder and assisted dying, and ahead of an appeal later today in the case of Frances Inglis, who was given a life sentence earlier this year after being found guilty of murder after giving her permanently brain - damaged son a lethal heroin overdose.

Assemblyman Sheldon Silver — one of the most powerful men in Albany for two decades and a constant in shaping state policy under five governors — was found guilty Monday of selling his office for legal fees, capping a trial that cast new light on the capital's lax ethics laws and handing federal prosecutors a big win in a case that had lacked a smoking gun.

We discuss current cases, important nuances in the law that can affect supply chain relationships, and ways to make supply chain legal practices more robust, particularly in light of today's global supply chains.

In light of recent cases, pressures are mounting on the online dating industry to ensure the safety of both their users and their families, as the press and law enforcement sectors continue to voice public concerns about internet dating.

In light of the frequency and outcomes of the case law to date, the primary reason effectuating these policies should be professional proactivity rather than legal liability.

«There is a compelling case to be made that this type of information does shed light on the performance of public schools, which is the goal of freedom of information laws,» said David Schulz, a media law expert in Washington, D.C.

It modifies the Department's DBE program in light of developments in case law requiring «narrow tailoring» of such programs and last year's Congressional debate concerning the continuation of the DBE program.

That is not the case, as the energy from the sun lies mainly in the visible spectrum, and the infra red light from the Earth is a product from the absorption of the sunlight and a re-emittance due to Planck's law.

Unfortunately, the vast majority of case comments seem to be written by lawyers, for lawyers: heavy on the facts and applicable law, weighed down with lengthy excerpts from the judge's ruling, and light on analysis and implications for readers.

Notwithstanding this, the SCC case law seemed to read this nuance out of Article 5 (1) FD and interpreted the Spanish law executing the FD in light of its own doctrine on the matter.

129 Furthermore, the fact that, in the context of applying European Union environmental legislation, certain matters contributing to the pollution of the air, sea or land territory of the Member States originate in an event which occurs partly outside that territory is not such as to call into question, in the light of the principles of customary international law capable of being relied upon in the main proceedings, the full applicability of European Union law in that territory (see to this effect, with regard to the application of competition law, Ahlström Osakeyhtiö and Others v Commission, paragraphs 15 to 18, and, with regard to hydrocarbons accidentally spilled beyond a Member State's territorial sea, Case C ‑ 188 / 07 Commune de Mesquer [2008] ECR I ‑ 4501, paragraphs 60 to 62).

Microsoft president Brad Smith issued this statement: «We welcome the Supreme Court's ruling ending our case in light of the Cloud Act being signed into to law.

Therefore, in light of European case law, the SCC concludes that the absolute content of the right to a fair trial does not require that a person convicted in absentia has the chance of applying for retrial if the right has been voluntarily and unequivocally waived and the person was duly summoned and defended at trial by counsel.

In this post, Ciara examines a decision which seems at first view to follow up on case law such as Zambrano, McCarthy and Dereci — but finally ends up being more about interpreting the Family Reunification Directive in light of the fundamental right to family life.

However, it then proceeded to interpret the new addition in article 207 TFEU of «commercial aspects of intellectual property» in light of this case - law.

The Repeal Bill does provide that retained EU law should be interpreted in the light of pre-exit ECJ case law and general principles, so indirect effect will probably continue in some form.

The order contained three questions: (i) whether Article 4a (1) FD must be interpreted as prohibiting Member States from making the execution of an EAW subject to the possibility of retrial in cases where a conviction has been rendered in absentia; (ii) whether Article 4a (1) FD is valid in light of Articles 47 and 48 of the EU Charter of Fundamental Rights; and (iii) whether, under Article 53 of the Charter, it can grant a higher level of protection than that provided for under EU law.

Third, in light of both cases» outcomes, it would nevertheless be wrong to assume that, as a consequence of those judgments, Uber can not benefit from or be regulated by European Union law.

In her opinion in the case C - 566 / 10 P Commission / Italy Advocate General Kokott made an interesting point which inspired a new category of posts here at the blog: Luxemburgerli — that is, the lighter side of EU law.

The chapter republishes the in - depth analysis of the precautionary principle in EC law, in particular in the light of the landmark judgment in the Pfizer case, which I still consider as one of the most important judgments made by the CFI.

Both sides will adopt legislation to ensure this, and on the EU side the Court of Justice will be the final authority, as it will be EU law, while UK courts will be required to interpret the UK law in the light of Court case law, and will even have the possibility to refer questions for up to eight years.

Such jurisdiction is in line with the Court's recent case - law that provides for the Court's comprehensive jurisdiction, especially in light of the Court's finding that the Treaties have created a «complete system» of judicial review entrusted to the Courts of the EU (Rosneft para 66).

There is already quite some case law on the topic of review of legality within the EU legal order in light of international obligations of the EU, typically with the Court being hesitant to undertake such review.

In jurisdictions where privilege exists, certain steps can be taken in light of recent case law to maintain privilege over relevant documents.

I am no fan of Doré and, notwithstanding my oft - expressed belief that, in light of the current state of the jurisprudence, the most logical next step for Canadian administrative law would be to embrace across - the - board reasonableness review, I would much prefer to see a robust proportionality test applied in cases involving infringements of fundamental rights (see further A Theory of Deference in Administrative Law, chapter law would be to embrace across - the - board reasonableness review, I would much prefer to see a robust proportionality test applied in cases involving infringements of fundamental rights (see further A Theory of Deference in Administrative Law, chapter Law, chapter 5).

This Radcliffe Chambers Resource seminar by Shantanu Majumdar and Christopher Buckley gives practical tips and guidance in the light of recent case law for solicitors dealing with freezing orders.

Since the first edition, the number of decided cases has not abated, and the law continues to develop and evolve, with cases throwing up novel problems, and shedding further light on established principles.

The cliché perpetuated throughout popular culture — think of the handful of «Law and Order» iterations or many a John Grisham book — is that lawyers are lone wolves who keep the lights burning in their offices deep into the night, pursuing their cases no matter the expense to their personal lives, health or relationships.

Time will tell if Ontario courts will also begin to hold drivers responsible for vehicles that are ill equipped for winter weather; however, given the recent case law and in light of the recent legislative changes, it appears likely that courts will begin holding drivers responsible, especially in the more remote and northerly jurisdictions in Ontario.

While shedding further light on an aspect of the law seldom visited, highlighting the risks involved in filing documents in a manner which can not be tracked / traced and illustrating the types of complication with which the courts will increasingly have to deal with ever more litigants in person, the case is perhaps most striking for what it highlights about the current fault - based divorce system.

In both cases, the CJEU interprets Treaty provisions affecting the CFSP broadly in light of transversal constitutional principles (democracy and rule of law).

Also, the present proposal would fall in line with the developing case law of the Court of Justice which would allow in certain cases an objective control of legality of national legal acts in the light of directives in proceedings between private parties, continuing thereby in a line of cases like CIA Security, Mangold or Kücükdeveci (para 77).

Attached is an announcement released today from LexisNexis Canada regarding enhancements to our case law collection in light of the Canada Law Book takedown March 31, 20law collection in light of the Canada Law Book takedown March 31, 20Law Book takedown March 31, 2008.

Our suggestion is that we should not moralize, in this case via a familiar account of the general purpose of labour law as a whole, a straightforward legal problem of determining statutory purposes and applying the statute rationally in light thereof.