The federal government now swept past all the barriers that once had put up resistance — as in extending controls on local schools or bringing under the review
of federal courts the decisions made on hiring and firing in private businesses, even small colleges.
Four days later, Texas's attorney general dropped the state's appeal
of a federal court decision, preventing Texas from banning resettlement of refugees from Syria inside state borders.
The Canada Revenue Agency's decision to audit the eBay sellers follows a series
of Federal Court decisions confirming the tax authority's ability to force eBay's Canadian companies to disclose the names and other contact information of the Canadian PowerSellers.
37 It cited Wikipedia itself as to how it is «openly editable,» as well as a number
of federal court decisions «troubled by Wikipedia's lack of reliability» and ultimately concluded the government could not show there was «no reasonable possibility» that the jury's verdict was not impacted by the internet research.38 At least one federal court has followed Lawson to set aside another jury verdict based on a juror's research on the IRS website, which, although equally beyond the scope of the evidence at trial, is undoubtedly more reliable than a website like Wikipedia.39
The court was considering the beekeepers» appeal
of a Federal Court decision striking the action as disclosing no reasonable cause of action.
In December, the government dropped the appeal
of a Federal Court decision that found that government cuts to refugee health benefits were unconstitutional.
This aspect was not subsequently addressed in the High Court's ruling in the Wik case, and the first instance decision on mineral rights has since been judicially doubted because of subsequent High Court rulings about government «ownership» of resources: Justice North in the (minority of) the full Federal Court appeal decision in Ward - v - Western Australia observed
of the Federal Court decision in Wik that «the conclusion that the mining legislation in Queensland conferred full beneficial ownership on the crown sufficient to extinguish native title can not be regarded as correct» (2000) 170 ALR 159 at para 843.
More incongruous is the video from Attorney General George Brandis, talking about his commitment to access to justice (despite great concerns about funding for Indigenous legal services), and to working with the Native Title sector (despite plans to introduce a bill to reverse the effect
of a federal court decision regarding the Noongar people), with nary an Aboriginal or Torres Strait Islander flag in sight nor mention of his support for changes to the Racial Discrimination Act.
Not exact matches
I find it instructive to look at the specifics
of Edwards» predicament, and the curious
decision to prosecute in a
federal court what was, while morally inexcusable, private behavior involving chiefly the wronging
of a spouse.
«While we had significant victories in the
federal district
courts in New York and Boston and the Second Circuit
Court of Appeals, the reversal
of the Second Circuit
decision in June by the U.S. Supreme
Court has proven difficult to overcome,» Kanojia conceded in a blog post titled «The «Next Chapter.»
The ITC's
decision came as the two companies faced off in the U.S.
Court of Appeals for the
Federal Circuit in Washington.
In this milestone week, with rulings that gutted the Voting Rights Act and overturned the
federal Defense
of Marriage Act, the
court also made
decisions that favored businesses.
The duty to consult with First Nations resides with the
Federal government — as Chief Justice McLachlin wrote in the 2004 Haida Nation v. British Columbia [2004]
decision of the Supreme
Court, «the ultimate legal responsibility for consultation and accommodation rests with the Crown.»
In March, the board took the unusual step
of filing its latest
decision with the
Federal Court for judicial enforcement because it expected CP to ignore its orders.
A
decision by a
federal appeals
court this week dealt another blow to supporters
of an Obama - era rule intended to protect retirement savers.
Should the
decision end in a draw, the ACA could mean different things in different states, depending on
federal court of appeals rulings, legal experts say.
(Even though, ironically, they may now marry in many
of the same states, thanks to a Supreme
Court decision from 2012 allowing same sex marriage on a
federal level.)
EPA first tried to ban the use
of asbestos in 1989, but its
decision was struck down two years later by a
federal appeals
court that ruled the agency had exceeded its authority.
The act attempted to restore some
of the rights
of religious practitioners that had been limited by a 1990 Supreme
Court Decision, but a 1997 decision by the Supreme Court kept the Act from being applied to the federal gov
Decision, but a 1997
decision by the Supreme Court kept the Act from being applied to the federal gov
decision by the Supreme
Court kept the Act from being applied to the
federal government.
This
decision probably shouldn't have been a surprise, because it basically said that the
court's 2010
decision in the Citizens United case, upholding the right
of corporations to spend money in
federal elections, applies to the states as well.
Meanwhile, a coalition
of almost two dozen state attorneys general is suing the FCC at the U.S.
Court of Appeals, demanding a
federal - level rollback
of the agency's
decision.
A group
of 17 states plan to file a lawsuit in
federal appeals
court challenging the Trump administration's
decision to declare vehicle emissions rules through 2025 «not appropriate.»
Six environmental groups on Thursday filed a lawsuit against the Trump administration in a
federal court in Montana to challenge its
decision to approve construction
of the controversial Keystone XL pipeline.
The outcome
of that $ 85 billion merger - in - the - making depends on a case in
federal court, which is pending the
decision of the judge.
The judge said in a 91 - page
decision that, while the Army Corps substantially complied with the National Environmental Policy Act,
federal permits issued for the pipeline violated the law in some respects, saying in a
court order the Corps did not «adequately consider the impacts
of an oil spill on fishing rights, hunting rights, or environmental justice.»
The
federal government decided against appealing the Fifth Circuit
Court of Appeals
decision tossing out the Department
of Labor fiduciary rule.
It invites the
Court to review and reverse a Ninth Circuit
decision that condones a
federal agency's ratification
of an unauthorized enforcement action.
Not one executive
of any major Wall Street firm that caused the financial crash in 2008 through fraudulent activities was prosecuted by the U.S. Justice Department — which was headed at the time by law partners from Covington & Burling — the Big Tobacco law firm that was singled out in a
Federal Court decision for hiding the deadly effects
of cigarette smoke for decades.
A
federal appeals
court decision allowing girls
of any age to buy emergency contraception without a prescription won't immediately change access.
The
federal agency has 90 days to challenge the decision before the Federal Court of Appeal, a move that could drag the case out even further, and delay any
federal agency has 90 days to challenge the
decision before the
Federal Court of Appeal, a move that could drag the case out even further, and delay any
Federal Court of Appeal, a move that could drag the case out even further, and delay any refund.
An Indian generic drug company on Monday urged a
federal appeals
court to reconsider a recent
decision that revived a patent infringement case against Google LLC, saying the ruling could spur «vexatious lawsuits» by makers
of brand - name pharmaceutical products.
The Recording Industry
of America on Monday urged a
federal appeals
court to reconsider a recent
decision upholding a $ 5.3 million judgment against Robin Thicke and Pharrell Williams for copying a Marvin Gaye song to create their 2013 smash «Blurred Lines.»
These critics might cite myriad
federal court decisions holding that an expectation
of mere «capital appreciation» on a secondary market is sufficient to satisfy the Howey test.
Appeals from
decisions of the
Federal Privacy Commissioner may be made to the
Federal Court of Canada within 45 days after the Commissioner's report is sent.
According to the
Federal Court's recent decision in Taseko Mines Ltd v Canada (Environment), «a project of such magnitude as the one considered in the present case [an open - pit gold and copper mine in British Columbia] will likely have impacts in areas of both provincial and federal responsibility.
Federal Court's recent
decision in Taseko Mines Ltd v Canada (Environment), «a project
of such magnitude as the one considered in the present case [an open - pit gold and copper mine in British Columbia] will likely have impacts in areas
of both provincial and
federal responsibility.
federal responsibility.»
The city
of Burnaby filed for leave to appeal the NEB
decision in February, but the
Federal Court of Appeal denied its application last week.
As a
federal court stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.&r
court stated in a 2011
decision upholding the foreign national prohibition statute and regulation — a
decision affirmed by the U.S. Supreme
Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.&r
Court: «It is fundamental to the definition
of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities
of democratic self - government.»
The International Olympic Committee (IOC) announced on Thursday that it will appeal to the Swiss
Federal Tribunal against the
decision by the
Court of Arbitration for Sport (CAS) to lift doping bans on 28 Russians.
And should the Supreme
Court be unwise enough to impose same - sex marriage on the whole country, the
decision will be greeted not like Loving v. Virginia (overturning antimiscegenation laws in 1967), as an achievement
of obvious justice, but like Roe v. Wade, with a tireless movement dedicated to overturning its obvious injustice, and a reinvigorated effort to pass a
federal marriage amendment.
A
federal district
court, Judge Barbara Rothstein presiding, noted a long line of Supreme Court cases protecting «personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education.&r
court, Judge Barbara Rothstein presiding, noted a long line
of Supreme
Court cases protecting «personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education.&r
Court cases protecting «personal
decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education.»
Federal Courts determined that the Mormon Church is not the original Church led by Joseph Smith as the
decision over ownership
of the only surviving Church from Joseph Smith's life, Kirkland Temple in Ohio; the
Federal Court rejected the Mormon Church's claim
of ownership.
He suggests that, in agreement with Lincoln, Supreme
Court decisions should be binding only on the litigants and not on other branches
of the
federal government, nor on other states, as the case may be.
The most celebrated example
of Federal intervention in state and local school affairs is the 1954 racial desegregation
decision of the United States Supreme
Court.
The
Federal District
Court's
decision favoring doctor - assisted suicide, we said, could be fatal not only to many people who are old, sick, or disabled, but also to popular support for our present system
of government.
(While Malaysia's
federal court is the highest in the country, the BBC says the Catholic Church could still call for a review
of the
decision.)
A
federal appeals
court had ruled in favor
of school officials in Plano, Texas, on the liability question, and the justices without comment let that
decision stand.
«
Federal taxpayer subsidies are helping pay for over 1,000 health plans that cover abortion on demand, and [last week's] Supreme
Court decision underscores that only Congress can put a stop to that,» said Carol Tobias, president
of National Right to Life Committee (NRLC).
A day before the one - year anniversary
of the Supreme
Court's
decision to strike down the Defense
of Marriage Act, which had barred same - sex marriages from
federal recognition, a divided three - judge panel
of the 10th Circuit
Court ruled...
That
decision was constitutionally incorrect, they insisted, and amounted to a
federal court's usurpation
of the constitutional authority
of the states.
Therefore, they contended that a lower
federal court in Little Rock had no constitutional authority to order the desegregation
of public schools in Arkansas on the basis
of the Brown
decision.