It is up to each individual institution to decide what is fair and to reconcile its approach to dual - career accommodations with its
own notion of fairness.
[63] In summary, having regard to the over-arching policy that the material - contribution test is available only when a denial of liability under the but - for test would offend
basic notions of fairness and justice, I agree with the following statement made by Professor Knutsen in setting out his conclusions (at 187):
In any case, the concept of «fair dealing» in Canada, as the name suggests, already incorporates
notions of fairness in the copyright context.
When i went out from my home with the
false notions of fairness and Go (o) dliness the first thing that striked me was i should leave doing anythings that hurts anyone out there,, tht vl make god happy and in turn me..
It is among the last of the unsullied amateur sports, one that retains many of those old -
fashioned notions of fairness, friendship, and competition for competition's sake.
Just one quick rejoinder, if I may; whilst I was not particularly arguing for a reciprocity approach, it does throw up the interesting question of whether or not there is a tendency in any such approach to confuse the contexts in which the unearned wealth question must be framed, and therefore
how notions of fairness are shaped.
While middle and working class Americans have been devastated by Great Recession, the wealthiest have done just fine, while their tax burden remains the lowest it's been in over 40 years.The last few months have seen the emergence of a counter-narrative which focuses attention on economic inequality and a tax system in New York State out of kilter
with notions of fairness and equality.
This means incentivizing the use of meaningful content in the classroom and eschewing misguided,
patronizing notions of fairness that would undermine the promise of the Common Core and harm the educational opportunities of our most disadvantaged students.
A more generous interpretation of this ruling is that the court was simply constrained by an
antiquated notion of fairness that was defined more than a century ago.
But tribal leaders at the Rocky Boy's Reservation in northern Montana apparently went too far astray from
accepted notions of fairness when they adopted an anti-defamation ordinance Feb. 7 that allowed them to seize a defamer's personal property and permanently banish the offender from the reservation.
Marion Boyd's argument is reflected in Omar's comments: if one does not hold out the possibility of enforcing a family arbitral award made under Islamic law, at least on some grounds (and she set out a number of conditions about procedural and substantive fairness), then those who go to arbitration under that law anyway have no protection in civil law, and the arbitrator has no incentive to conform to our
general notions of fairness.
Several commentators have suggested that the expansion of the «real and substantial connection» test to
include notions of fairness or foreign enforceability, and the overlap with factors that should really be left for the second - stage «forum» analysis, is not only contrary to established precedent, but has resulted in confusion and uncertainty for both judges and litigants.
The economic theory based on Homo economicus has no place in for
any notion of fairness or justice.
Its notion of fairness is to act as equal - opportunity fishwife.
Jones cited an ESPN Radio interview that Birch gave, saying «we are bound in large part by precedent in prior cases, decisions that have been heard on appeal in the past, and
notions of fairness and appropriateness.»
There was a repeated emphasis on
the notion of fairness, particularly fair taxation.
A political project that adapted to the public's
notion of fairness could appeal to millions of uncommitted voters — especially if it also embraced immigration, a major house - building programme, more opportunities for young workers, better - run public services and effective enforcement of the minimum wage: in short a less ideological approach to building a fairer society.
He called on the party to «reconceive
our notion of fairness» and to «build our own story of political economy that embraces neither the masochism of George Osborne nor a denial of economic reality».
On the other hand, tDCS may simply be construed as not «artificial» enough to threaten our (often arbitrary)
notions of fairness, whether in sports or academic settings.
Filtered by the works of Milton Friedman, the educational - choice movement in particular has been applied so loosely that basic ethics and
notions of fairness have been trumped by stereotypical corporate values that fly in the face of what black, brown and girl students need.
So there is no simple answer to your question, and
the notion of fairness is subjective.
Inertia sharing would leave India and other poor countries with a small allowance that would prevent development, which goes against
any notion of fairness.
The current system is underpinned by
the notion of fairness, and the focus should be placed firmly on tweaking the current system to prevent misuse, rather than attempting wholesale change.»
Where these two requirements are satisfied, liability may be imposed even though the «but for» test is not satisfied, as it otherwise would offend basic
notions of fairness and justice to deny liability by the rigid application of the «but for» test.
In those exceptional cases where these two requirements are satisfied, liability may be imposed, even though the «but for» test is not satisfied, because it would offend basic
notions of fairness and justice to deny liability by applying a «but for» approach.
Wasn't that part of what it seemed that Resurfice «s explanation of material contribution was intended to cover — for those cases where it would be contrary to basic
notions of fairness and justice to dismiss the action merely because the plaintiff couldn't establish factual causation on the balance of probability (assuming that defendant had not disproved factual causation on the balance)?
In such cases, plaintiffs are permitted to «jump the evidentiary gap»... That is because to deny liability «would offend basic
notions of fairness and justice»: Hanke v. Resurfice Corp., para. 25.