Sentences with phrase «of undue burden»

The «proportionality» principle has its place in nullifying demands for discovery from sources that can be identified as not being reasonably accessible because of undue burden or cost, and in controlling the time and expense related to e-discovery proceedings.

«It's good news for our nation's 90,000 local school board members, and an historic step toward reversing years of undue burden under the No Child Left Behind Act and restoring responsibility for school accountability and academic standards back to states and local school districts,» stated Thomas J. Gentzel, Executive Director, NSBA, in a press release issued today.

Perhaps this explains why the National School Board Association described ESSA as «an historic step toward reversing years of undue burden under the No Child Left Behind Act.»

Not exact matches

Also, more controversial provisions — such as requirements to execute enforceable written contracts under the Best Interest Contract and Principal Transactions Exemption, and changes to PTE 84 - 24 (other than the addition of the Impartial Conduct Standards)-- are not applicable until January 1, 2018, while the Department is honoring the President's directive to take a hard look at any potential undue burdens and decides whether to make significant revisions.

The burden of proof is on you as a debtor to prove undue hardship.

All of which places an undue burden on Health IT vendors who are increasingly expected to fix it all.

In the aftermath of the 2008 - 2009 recession, many countries had to modify their legislative fiscal rules given the undue burdens that would have been placed on them.

In Fault Lines, Rajan demonstrates how unequal access to education and health care in the United States puts us all in deeper financial peril, even as the economic choices of countries like Germany, Japan, and China place an undue burden on America to get its policies right.

Sure, it would mean a lot of laws would need to be reworked to make it fair and not an undue burden, but it could be done.

Announcing the U-turn, the Department for Education said: «We want to ensure any future system of regulation that we may introduce appropriately targets the small minority of settings which may be exposing children to harmful practices, without causing undue burdens on the sector as a whole.

CNN: Ryan defends budget in face of Catholic critics Rep. Paul Ryan defended his proposed federal budget on Thursday against criticism from some Catholics, who say it violates their tradition's teaching by putting an undue burden on the poor.

Overturning a lower court's decision that ruled that the laws unconstitutionally limited access to abortion in the state, New Orleans - based 5th Circuit Court of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.»

However, the Supreme Court's decision in the case of Roe v. Wade indicates that the government can't put an «undue burden» on abortion access up to that point.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, fanatix's computer systems, or the technical delivery systems of fanatix's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by fanatix (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Fanatix (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of fanatix is expressly prohibited); (iv) forge any TCP / IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source - identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail - bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Title III of the ADAAA requires that private, non-religious schools take necessary steps to make sure that no child, due to his disability, is «excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden.

Mr. Speaker, on the debt stock, I would like to recall that one of the challenging economic situations that our government inherited was a ballooning debt stock which placed undue burden on the 2017 budget.

One of Miller's biggest bones of contention is the Metropolitan Transportation Authority payroll tax, which he says is placing an undue financial burden on area businesses.

In the wake of the Equifax breach, the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act)- introduced in the legislature this week - would close major gaps in New York's data security laws, without putting an undue burden on businesses.

In recent legislative sessions, bills were introduced which would place additional undue burdens on corporations formed under the laws of New York State, including bills which would:

«[This] would place an undue burden on small businesses,» said Heather Briccetti, CEO of The Business Council of New York State, Inc..

Through that plan, the management of solid waste will be equitably shared across all five boroughs without placing an undue burden on any single borough.

The Business Council of New York State, an Albany - based lobbying group, said the proposals «would place an undue burden on small businesses» by creating staffing and compliance problems.

An amended agreement between Westchester County and the management company Standard Amusements, designed to eventually transfer ownership of county - owned Rye Playland, is drawing scrutiny after what some county legislators have deemed an undue burden on taxpayers.

The ADA does not require the Executive Chamber to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

«Biometric entry - exit scanning at our northern border would significantly delay the daily commutes of hardworking Americans and Canadians and cause undue burdens on trade,» Collins said in his letter to Kelly.

WHEREAS, limiting the number of rounds to seven versus ten is arbitrary and capricious; has no correlation to public safety, unfairly burdens law - abiding gun owners; and puts an undue burden on gun manufacturers to retool their manufacturing plants; and

«Confidentiality of scientists» email communications and prepublication drafts is necessary to ensure the uninhibited and creative collaboration among scientists that is at the heart of the scientific endeavor; to protect scientists from undue burdens; and to encourage scientists to enter into controversial yet important fields,» said the defense fund in its amicus brief.

In an article published last year in Next Wave, «Anne Tyler» (not her real name) wrote about the loneliness and undue burden of being the only black student in her graduate department.

«Our study gives further insight into the ways that the clinic closures due to Texas's restrictive law resulted in an undue burden on women seeking access to abortion care in Texas,» said Daniel Grossman, MD, an investigator with TxPEP and director of Advancing New Standards in Reproductive Health (ANSIRH) at UC San Francisco.

«The court explicitly said the undue burden is a balancing act, that courts must independently weigh the benefits of the law against the burdens on women.

Yesterday the Supreme Court struck down a Texas law that would have forced the closure of abortion clinics that didn't meet strict requirements — requirements the justices decided (by a 5 - to - 3 margin) didn't make women any safer and put an undue burden on their constitutional right to seek safe and legal medical care.

By going overboard, you're just putting undue burden on your kidneys, opening the door for other health complications, and increasing your calorie intake by 4 calories per gram of un-utilized protein.

While we are innately equipped to handle a fair amount of toxic exposure, the cumulative effects of the ever increasing load puts an undue burden on the body's ability to effectively detoxify itself naturally.

Launched in July last year, the experts focus on three areas — planning, marking, and data — flagged during the government's survey of 44,000 teachers as causing the greatest undue burden.

Besides offering choice in education, charter schools can help relieve some of the overcrowding in existing district schools without placing undue burdens on taxpayers.

BE IT FURTHER RESOLVED, that the Board of Education of the San Diego Unified School District supports a ESEA reauthorization bill that provides school districts the flexibility and resources needed to respond to the educational challenges in local communities, and provides greater local flexibility in the use of ESEA funding for Titles I, II and III as states and school districts are in the best position to make spending decisions to facilitate local innovation and student achievement, without placing undue burdens on districts that would adversely impact effective governance; and

Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 (d)-RRB- requires the DOT to ensure that electronic and information technology (EIT) purchased, developed, maintained or used by DOT meets the provisions of Section 508 unless an undue burden would be imposed on the agency.

The accessibility and usability of EIT will be comparable for all employees, regardless of disability, unless an undue burden would be imposed on the Department.

(iii) a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden;

-- The regulations issued under this section shall provide that, if the public entity is able to demonstrate to the satisfaction of the Secretary that the provision of paratransit and other special transportation services otherwise required under this section would impose an undue financial burden on the public entity, the public entity, notwithstanding any other provision of this section (other than paragraph (5)-RRB-, shall only be required to provide such services to the extent that providing such services would not impose such a burden.

The intention of the law is to not place undue burden on our country's college graduates, especially in economic times where personal debts are at a very high level; it is sound in principle.

Funds are already required to disclose all kinds of data, and adding active share to the list should not create an undue burden, especially since it is information many fund companies already have.

We believe that the public market does not adequately value small companies such as Kona, and by staying public, the Company will continue to be subject to undue regulatory burdens and pressure to maximize short - term results at the expense of long - term performance.

See Raymond L. Woodcock, Burden of Proof, Undue Hardship, and Other Arguments for the Student Debtor Under 11 U.S.C. § 523 (A)(8)(B), J.C. & U.L. 377, 381 - 84 (1998); see also Johnson v. Missouri Baptist Coll.

Federal bankruptcy law specifically excepts student loan debt from discharge, unless a debtor can meet the difficult burden of demonstrating «undue hardship» to themselves and their defendants.

Additionally, while the largest shelters engage best practices regarding sterilization of shelter animals, all are surrounded by shelters that do not, adding an undue burden to those that do comply.

Ensuring our dogs are not having undue stress placed on their joints can ensure they live a life free of the burden of all manner of mobility problems.

Additionally, if a housing provider's insurance carrier would cancel, substantially increase the costs of the insurance policy or adversely change the policy terms because of the presence of a certain breed of dog or a certain animal, it would be found that this imposes an undue financial and administrative burden on the housing provider.

This program provides funds to supplement a veterinarian's charitable care for animals of low - income families or for families that have an undue financial burden due to extenuating circumstances.

Breed - specific legislation creates an undue burden on responsible owners of targeted breeds — dogs which are most often not dangerous to their communities....»