Sentences with phrase «make policy judgments»

I'm curious what others might think are the the reasons (implausible or otherwise) that some would dare to argue that «judges should not make policy judgments,» as this admonition seems otherwise steeped in appalling ignorance or naivete.

In sum, I questions the assertion that federal judges «should not make policy judgments» at sentencing because: (1) such judgments seem inevitable and are clearly made by prosecutors in every criminal case, and (2) a fair reading of the text of 3553 (a) suggests that Congress has ordered federal judges to make individualized policy judgments in each and every sentencing.

In discussion of post-Booker federal sentencing at the Yale Law School class I recently had the pleasure of attending, I was surprised to often hear the refrain that judges «should not make policy judgments» at sentencing.

As we reflect on these realities, it is valuable to appreciate that executive branch officials make policy judgments at sentencing all the time.

I don't even understand the claim (basic 1L lesson — at common law and in equity, courts make policy judgments), so I'm curious what motivates it.

«By placing a substantial number of injuries into categories that presume little to no compensation, the Board has made a policy judgment that exceeds questions of medical improvements and worker healing.»

I'm not aware of any other sort of country as a matter of policy that has been able to make that policy judgment.

And, interestingly, we never hear complaints or concerns about unelected federal prosecutors making policy judgments at sentencing (even though prosecutorial policy judgments are not made in open court nor subject to any kind of review).

Not exact matches

Trump's reckless and uninformed positions on critical issues — from immigration to our economy to foreign policy — have made it abundantly clear that he lacks both the policy depth and sound judgment required as President.

Political values are important in antitrust, but political pressure on government enforcers undercuts their ability to make professional judgments about enforcement policy.

That uncertainty necessarily adds to the normally substantial degree of uncertainty we face in making monetary policy judgments.

«We trust highly trained educators to use their professional judgment to make decisions in the best interests of children, particularly given that this policy applies to children as young as five years of age,» Kenney said in a press conference on November 2.

There is no intrinsic conflict here between the two objectives (although actual policy making still requires some fine judgments and depends on imprecise instruments, leaving ample room for mistakes).

Nevertheless, I am convinced that rather than continue to assume that growth, as measured by Gross National Product is an appropriate goal of national and international policy, we must examine how it relates to economic welfare, and that requires that we dare to make judgments about what constitutes welfare.

I would make a partial exception to the negative judgment for the contribution of Andrew Lilico, the chief economist of the Policy Exchange think tank.

Nevertheless, the judgment is made that a coal - and nuclear - fission - based energy policy is centered on high - risk technologies.

Hicks omits criteria for making normative judgments about what levels of inequality are just — normative criteria that Christian ethicists of an earlier generation called «middle axioms» between broad theological and moral principles and policy judgments.

The slip came moments after he pressed: «The important thing is to be open and honest about the difficult foreign policy judgments which are being made here.»

It is no secret that German chancellor Merkel is praying for a Sarkozy victory, and even if she makes an effort to get on with Hollande, the judgment of the markets on any new French fiscal policy may leave Paris and Berlin facing a massive banking collapse within weeks (and I am surprised that this is not already looming).

«He's always been an aggressive campaigner and he's making a tactical judgment,» said Gerald Benjamin, director of the Benjamin Center for Public Policy Initiatives at SUNY New Paltz.

There is no financial judgment that can be made without a corresponding policy judgment.

In my judgment these decisions can only be made by those with close knowledge of both the roles and the multiple choices and preferences and capabilities of individuals as well as the Party's general policy direction and policy cohesion.

«We don't feel that we are able to feed in properly, we don't feel that we have any effect on policy judgments, we don't feel that policy is being made properly and we don't feel that there is any understanding of what we could do.»

The strategic judgment must be, that while he is unlikely to hit his chosen target of reducing net migration levels to «tens of thousands» by 2015, his policies will have made enough of a dent that voters will feel that, in contrast to the other two parties, at least the Conservatives tried.

This is not to deny that at a time when there has been dramatic progress in nuclear science and technology, some questions require periodic re-examination; the criteria by which judgments on energy policy should be made are constantly changing.

«It is time for the NRC to employ sound science and common - sense policy judgments in its decision - making process.»

Patients with damage to the prefrontal cortex adopt a utilitarian policy when making difficult moral judgments

This lack of basic knowledge and confidence means that people are uncertain of the facts and the issues at stake, so that how the subject is framed makes an enormous difference in shaping judgments about policy preferences.

We allow for a one - year delay for the judgment to take effect because we assume that any changes in policy made as a result of the decision will be reflected in the next year's budget, at the earliest.

Yet they also led school districts to abandon disciplinary practices that relied on educator judgment and to adopt heavily bureaucratic procedures and zero - tolerance policies that arguably undermine the authority of school officials and make it more difficult for them to maintain order.

They will breathe the air of careful thinking and acquire a greater understanding of the genuine difficulty of making sound, informed judgments in education policy.

But there are a number of policy issues that empirical evidence will not resolve because they require us to make value judgments.

But Matt Chingos, director of the Urban Institute's Education Policy Program, says it would be premature to make a judgment on Common Core.

Educators must promote the creation of education policy that supports best practice, as well as a modern accountability system that uses a variety of methods when making judgments about student achievement and learning.

While most ongoing sensemaking occurs through individual reflection, when teachers feel that their legitimacy is threatened (as when faced with a policy that they believe stifles their creativity, takes their autonomy away, or threatens their professional judgment), they are more likely to engage in collective sense - making.

The reason for the change lies with a settlement the major credit bureaus made in 2015 with 31 state attorneys general, where the bureaus agreed to adopt more stringent policies with regard to credit reporting and the amount of information needed to link tax liens and civil judgments to individuals.

In conclusion, I do not believe you can accurately state whether gold is undervalued or overvalued - you must make judgments based on what you think about the future of the market and of monetary policy, but there are too many variables to be accurate consistently.

The FOMC would simply follow the judgment of the marginal short - term fixed income investor, which wouldn't make the policy correct, because markets a a whole make forecasting errors.

It's only one week, and that is no horizon over which to make the judgment that Fed policy is succeeding.

The political system is how policy judgments are made and these judgments call for information, including scientific information.

«It's unlikely that we will make good policy judgments if we follow either side,» he says.

I believe the kinds of accusations you (and most climate change advocates make) make about people who disagree with your judgment and priorities ensure that reasoned public policy on long term energy supply will not happen any time soon....

Moreover, external expert reports and court judgments recognize and make clear that internal policies, adequate IT resources and a diligent corporate governance system are essential in preventing and identifying abuses.

He referred to para15 of the judgment in which the judge had said the following: «The policy behind [s 281 (5) and the exclusion from automatic release of orders made in family proceedings] probably stems from the desirability of ensuring that family liabilities are not avoided by a bankruptcy.»

Furthermore, it seems that Congress, through the text of 3553 (a), has told federal judges to make individualized policy judgments at sentencing.

This argument seems to confuse judgments that MAKE policy with those that REFLECT or IMPLEMENT policy choices made by others.

While his judgment was not binding on the SFO, it made plain that in the view of the judiciary the SFO had ventured too far in its policy of corporate enticement.

As a legal realist would be quick to point out, picking a statute's purpose, selecting the level of generality at which to describe the purpose, and making the consequentialist judgment about which interpretation promotes that purpose can be a deeply political and policy - laden endeavor, one that looks a lot more like making law than finding it.

While the policy is not changed in that the Secretary will not make such determinations, we believe the language is unnecessary and may suggest that we would make all other types of determinations, such as all determinations in which the regulation defers to the professional judgment of the covered entity.

The judgment also makes it very clear that if a thorough and full consultation process is not carried out when considering proposed cuts to services to disabled adults, the courts will quash the policy.»