A separation agreement can contain any terms the parties agree to, as long as they are
not against public policy.
A separation agreement differs from a property settlement because it can contain any terms the parties agree to, as long as they are
not against public policy.
Not exact matches
Applied to militias that have
not adopted an anti-Semitic posture, this
policy would mean talking no
public action
against groups whose agendas may be unpopular or even bizarre.
As for the «narrow
public witness»
against which John Murdock rightly cautions, I really don't think «prioritizing» equals «ignoring,» such that to prioritize the defense of religious freedom and the right to life excludes other issues from the Church's social witness and
public policy advocacy.
For instance, organizations trying to assist Haitian and Salvadoran refugees to avoid repatriation, or organizations urging boycott of banks doing business with South Africa, or organizations counseling young people
not to register for the draft, or organizations protesting increased military expenditures, or organizations demonstrating
against nuclear power or
against mineral exploration in wilderness areas, are all in danger of losing their tax exemptions for violating «
public policy.»
Schools that discriminate are excluding or disadvantaging a portion of the
public and therefore do
not truly benefit the (whole)
public, and they also violate the federal
public policy against racial discrimination.
Private enterprises, i.e. businesses and Church are
not public and should
not be mandated by
public policy that goes
against conscience.
With the exception of the first model (which is
not a legal option because it's
against public policy to plan the demise of a marriage), all of these options are being practiced in one way or another with people throughout the Western world (even in the U.S!).
In Clegg's characterisation of
not making
public disagreements as the pukka thing to do, for example, he seems oblivious to how Lib Dems are going to campaign
against those
policies that they do disagree with when they have been silent on them for five years.
While Cuomo is
not accused of wrongdoing and isn't expected to testify, the charges
against Percoco have damaged both his image as a reformer and one of his signature
policy initiatives, the investment of billions of dollars in
public money in to upstate economic development programs.
Hogan has always limited his
public discourse to Maryland issues and ran on a strictly fiscal
policy issue, and
not making any moves
against social
policies that were enacted by the previous administration).
«Undermining
public education is
not a choice,» Senator Patty Murray said in a speech Wednesday, railing
against the education secretary's
policies.
And whilst Fianna Fail's vote had marginally recovered from their last general election collapse as a result of their own austerity
policies and the catastrophic economic situation which saw the
public pay the price for the bank bailouts, the population were clearly
not returning in significant numbers, and on the contrary were turning
against the right wing establishment parties.
Corbin and his army do
not wish to engage with these and moderates who remain (i.e. most of them) in the Labour Party will be stymied from engaging with these voters because a) to set out
policies that attract them will go
against Corbyn and his new «democracy», b) this will look divided and c) the
public is highly sceptical about 21st century socialism.
Legal loopholes Each US state sets its own vaccination
policies, and most will
not generally allow children to attend
public school unless they have been vaccinated
against diphtheria, tetanus and pertussis (whooping cough); hepatitis B; the Haemophilus influenzae bacterium; measles, mumps and rubella; polio; and varicella (chicken pox).
The organization's director of
public policy, David Griffith, says the group is
not against testing, but that it opposes «tests for that specific set of consequences.»
We have been, and will likely continue to be, subject to
public policy lawsuits filed
against virtual and blended schools by those who do
not share our belief in the value of this form of
public education.
Regarding national findings, a review of the CREDO study by the National Education
Policy Center questioned CREDO's statistical methods: for example, the study excluded
public schools that do
NOT send students to charters, thus «introducing a bias
against the best urban
public schools.»
Ravitch
not only provides the evidence of the falsity of these claims and reforms, she also discusses how current education rhetoric and
policy are damaging our
public schools, our communities, our democracy and most importantly, our children; how these
policies go
against everything our founders intended
public education to be and everything science knows about child development.
Although the federal labor
policy contained in Taft - Hartley is
not to be ignored, the paramount concern must be with the
public policy against racial discrimination which is reflected in civil rights legislation and in the Court's New Negro Alliance decision, which immunized racial - labor disputes from injunctions under NorrisLa Guardia long before the advent of civil rights legislation»...
I'm
not arguing
against the free market, per se, but arguing that there are some types of contracts that should
not be valid on a
public policy basis.
Animal Haven will
not retaliate
against an employee who in good faith, has made a protest or raised a complaint
against some practice of Animal Haven, or of another individual or entity with whom Animal Haven has a business relationship, on the basis of a reasonable belief that the practice is in violation of law, or a clear mandate of
public policy.
Animal Haven will
not retaliate
against employees who disclose or threaten to disclose to a supervisor or a
public body, any activity,
policy, or practice of Animal Haven that the employee reasonably believes is in violation of a law, or a rule, or regulation mandated pursuant to law or is in violation of a clear mandate of
public policy concerning.
For instance, campaigns directed
against companies or farms known for their «humane» production
policies may encounter
public resistance because they seem to be going after wrong or innocent targets, especially to people who (like most consumers) are
not aware of the actual regulations behind labels such as «humanely raised» or «natural».
Little Shelter will
not retaliate
against an employee who, in good faith, has made a protest or raised a complaint
against some practice of Little Shelter, or of another individual or entity with whom Little Shelter had a business relationship, on the basisof a reasonable belief that the practice is in violation of law or a clear mandate of
public policy.
The climate science also sure is subject to severe political pressures from varying lobbyist groups, first and foremost the oil an coal interests which are huge financial powerhouses especially in the US Senate — a body which in reality dictates the whole global «climate
policy» or rather the absence of any such — serious climate politicans round the globe in reality have — as we now have seen — no chance at all
against the denying forces and their huge media apparatus, as long as the
public don't see some very serious consequences of climate change, fx.
The statement suggests a potential for a type of problem with markets (PS don't interpret this to mean that I am
against markets; overall I think they're good to have, just
not good to refuse sensible regulation and some other
public policies / programs.
However, the case was appealed and while the appeal court ultimately decided that the separation agreement was void as
against public policy, it also noted that courts needed to use caution in finding contracts to be void as contrary to
public policy so that the doctrine does
not «unduly impinge on the basic right to enforce engagements freely and voluntarily made.»
English courts still hold that prenuptial agreements are
against public policy and, while this
policy is supposed to be changing, it most certainly hasn't changed yet.
Roe then filed Roe v. TeleTech, arguing that (a) MUMA provides a private cause of action
against an employer who discharges an employee for authorized medical marijuana use, and (b) under the «
public policy» of MUMA, employees may
not be discharged for authorized medical marijuana use.
«That's why these arbitration are
against public policy, because (in some places) you really don't have a choice,» he says.
That is why the Ontario government is required, in setting up «
public facing» authentication systems for transactions between the government and the public, to prepare not only a TRA but a PIA — a privacy impact assessment, to ensure that no more personal information is being sought than necessary, and that the information is protected against misuse (Government of Ontario Policy for Public Facing Identification, Authentication and Authorization, Version 8.1, April 2010, sect
public facing» authentication systems for transactions between the government and the
public, to prepare not only a TRA but a PIA — a privacy impact assessment, to ensure that no more personal information is being sought than necessary, and that the information is protected against misuse (Government of Ontario Policy for Public Facing Identification, Authentication and Authorization, Version 8.1, April 2010, sect
public, to prepare
not only a TRA but a PIA — a privacy impact assessment, to ensure that no more personal information is being sought than necessary, and that the information is protected
against misuse (Government of Ontario
Policy for
Public Facing Identification, Authentication and Authorization, Version 8.1, April 2010, sect
Public Facing Identification, Authentication and Authorization, Version 8.1, April 2010, section 3.
The court was concerned that the UK
policy set the threshold so high
against the applicants from the outset «that it did
not allow a balancing of the competing individual and
public interests and a proportionality test by the secretary of state or by the domestic courts» because the applicants had to demonstrate as a condition precedent to the application of the
policy, that the deprivation of artificial insemination facilities might prevent conception altogether.
The barista claims he pursued this nuclear option only after a number of complaints from customers and after trying to confirm that he had the «power as a Starbucks employee to pull the plug,» including «asking supervisors, calling managers, and even looking through the employee handbook (which
not only said nothing about this act being
against policy but actually explained how to do it) before cutting the
public Wi - Fi.»
However, even at - will employees have certain rights
against a wrongful termination and can
not be fired for reasons that violate
public policy, or the law.
Public Citizen lawyer Paul Alan Levy is winning praise from some corners of the blogosphere for his post at the Consumer Law &
Policy Blog in which he says the lawsuit by law firm Jones Day
against the Web site BlockShopper.com deserves a prize for «grossest abuse of trademark law to suppress speech the plaintiff doesn't like.»
It seems likely though that any condominium board that wants to initiate litigation but is
not able to obtain the necessary consent will argue that the consent requirements in its bylaws are void as
against public policy.
In the same book, Farrow makes a number of arguments
against what he refers to as the privatization of civil justice, such as the impoverishment of common law when cases are removed from the
public system (this dovetails with Simpson's work), the use of a private (thus, confidential) system to circumvent
public policies,
public accountability, and basic notions of procedural fairness, and the shielding from the
public of transactions that would
not withstand
public scrutiny.
The decision does
not provide additional guidance to determine in future cases whether bylaws requiring unit owner consent to pursue litigation are also
against public policy.
... As a matter of
public policy, we want all drivers to obey all traffic laws,
not just the prohibition
against following too closely.»
They did
not go on to consider whether a more carefully drafted clause would have been unconscionable or
against public policy.
In general, the statutory human rights system in Canada is characterized by the presence of prominent, accessible, specialized
public institutions that embody and reinforce
public and legislative
policy against discrimination, including but
not limited to administrative tribunals with broad discretion to award non-monetary and structural remedies, at no cost to the individual complainant.
We successfully struck out a claim brought
against our client, Mr Xavier Huertas (a French insolvency practitioner) by Dr Richard Smith who was seeking a declaration in the English Courts that a Judgment obtained by Mr Huertas
against him in France should
not be recognised or registered in England under the 2001 Brussels Regulation on the ground that it would be manifestly contrary to
public policy.
The duty of care was
not defeated under the second branch of the Anns test, which deals with
public policy considerations that would weigh
against a duty of care, because it was in the
public interest that professional accountants who undertake to create wills do so with care
not only for the best interests of their clients but also for the intended beneficiaries under those wills.
I shall then state why, in my view, Article 28 (2) and (3) is to be interpreted as meaning that a Union citizen can
not rely on the right to enhanced protection
against expulsion under that provision where it is shown that that citizen derives that right from offending conduct constituting a serious disturbance of the
public policy of the host Member State.
Moreover, doctrinal entrenchment is particularly problematic in the FISA courts, where secrecy and institutional context indicate that outside efforts at doctrinal reform are less likely to be effective than they are with courts that publish their opinions.35 Unlike published opinions, secret opinions can
not provoke the
public into lobbying for a legislative override36 or judicial overruling37 — two important paths of legal reform.38 Perhaps to hedge
against the risks of limited external oversight, FISA limits FISC and Court of Review judges to non-renewable, seven - year terms, 39 a provision suggesting that Congress envisioned a FISA court whose membership would be responsive to shifting factual circumstances and
policy priorities.40 Stare decisis, which requires judges to adhere to interpretations of law that they might otherwise reject as unjust or unpersuasive, constrains these judges» ability to adapt to such factual and
policy shifts.
The court considered that even if the applicants» Art 8 complaint was before the secretary of state and the Court of Appeal, the
policy set the threshold so high
against them from the outset that it did
not allow a balancing of the competing individual and
public interests and a proportionality test by the secretary of state or by the domestic courts in their case, as required by the Convention.
Learned senior counsel submits that if such finding of forgery rendered by the learned arbitrator which amounts to a serious criminal::: Downloaded on - 13/05/2014 23:52:28::: Kvm 42/107 ARBP259.13 charge is
not set aside, such award would be a decree of this Court and would be executed by the claimant by filing criminal proceedings
against the respondent based on such perverse finding which are without jurisdiction, such award would be thus in conflict with
public policy under Section 34 of the Act and even under the narrower ground of
public policy while considering the objection to the enforcement of a foreign award as held by the SC in case of Shri Lal Mahal Ltd..
The executor of the patient's estate challenged the transfer as being void
against public policy (as a wager on life — in prior U.S. Supreme Court decisions, life insurance
policies could only be assigned to cover debts and only up to the amount of the debt; anything over that amount was considered a wager and
against public policy) since Dr. Grigsby did
not have an insurable interest in the patient's life.
The purpose of a life insurance contract must also be legal — and it should
not go
against public policy.