Sentences with phrase «older precedent»

There is, interestingly, a much older precedent.
Now, in this particular case that the court will be hearing, South Dakota is looking to overturn a decades - old precedent where states can not require online retailers to collect sales taxes unless that retailer has a physical presence in the state.
The case «could overturn decades - old precedent and deal a potentially crippling blow to public sector unions.»
Janus targets a 40 - year - old precedent set by Abood v. Detroit Board of Education, which permits allowing agency fees as a means to avoid a «free rider» problem: non-union members benefiting from union representation in contract negotiations, but not paying for that service.
Several of the conservative justices hinted during opening arguments that they might use the case to overturn a four - decades - old precedent that requires workers to pay dues if they benefit from a union's collective bargaining work, even if they don't officially join the union.
If the largest libraries lead the way — both public and academic — backed by the largest library associations (ALA) then while libraries will certainly find themselves embroiled in a lawsuit from major publishers for years I strongly believe the outcome will favour freedom of information, accessibility and centuries old precedent.
Now, in a new case brought by North Dakota's southern neighbor, the high court may be poised to overrule the 26 - year - old precedent.
Courts, moreover, change in composition over time, which can undermine the reliability of older precedents.
Brad represented the petitioner in Exxon Corp. v. Central Gulf Lines, Inc., 500 U.S. 603 (1991), in which the United States Supreme Court overruled its own 135 - year - old precedent and expanded federal admiralty jurisdiction in favor of his client.
There just isn't much there to justify overruling a 16 - year - old precedent and striking down 18 state laws.
Mr. Justice Wilson dismissed the application and in doing so found that the New Rules of Court dealing with severance of issues are identical to the old rules therefore old precedents should retain their value as guiding authorities.
In essence, Breyer said that even though junking the old precedents and following the new ones might make sense, the importance of following precedent, at least in this case, was more important.
You can't rely on five - year - old precedents and clients are always looking to you to make agreements shorter and more understandable yet give them the same level of protection.
This isn't a field where you apply a checklist or load up an old precedent.

Not exact matches

What influence these Old Testament precedents may have had on Luke's story is anybody's guess.
A number of interesting cases followed the Sherbert precedent, notably Wisconsin v. Yoder (1972), exempting the children of Old Order Amish from a requirement to attend school until age sixteen.
The writers of the New Testament followed the precedent of the Greek translators of the Old Testament some 250 years earlier.
Christian theology thus retains its priority over the evidences of natural religion, which are simply incorporated into the old scheme with a minimal adjustment — an adjustment, by the way, that was not without precedent in the theology of the Reformation era.
But the simplest way to use the term, if we are to follow Old Testament precedent, is as did Jeremiah, who stressed the individual as representative of man.
They fall under the spell of one or another charismatic rabbi (or «Rebbe»), a phenomenon for which a precedent already existed in the century - old Hasidic communities of Lubavitch, Satmar, Belz and other less well known East - European centers.
Against all precedent he remained at his old posts with the support of colleagues, the populace and the local ruler.
OK, it's meant to be for young drivers, but last year a 50 - year - old guy simply known as «Dragon» entered, so there's a precedent for really cool veterans to give it a go.
On the other hand, there is a precedent, with Francisco Rodriguez improving in that regard while thriving at the major league level as a 20 - year - old phenom.
Even though I'm tempted to stick with this arrangement and leave our kids behind for as long as we possibly can, we've already set the precedent for forced family vacations, ever since my kids were a few months old.
When this occurs, a new precedent is established, and the old rule or precedent no longer governs Senate procedure.
It lost its status a few months ago in New Mexico because the Secretary of State reversed an old favorable precedent which had said that when a party submits a petition, it gets the next two elections.
The bad news is what Alex Salmond will get in return: the precedent of votes for 16 and 17 year olds.
17:45 - Matthew Offord (Con, inept bank manager) gets owned by Tom Harris (Lab, blogger extraordinaire) as he slaps him about with a bit of Old Testament legal precedent.
It was a good old British political scandal: Sex, speeding tickets and constitutional precedent.
Obviously polls like this do pose a risk of any old person pretending to be a party member to skew the results, or getting a very skewed group of activists, but the polls of Conservative party members done by Tim Montgomerie over on ConservativeHome did get their leadership election right, so we do at least have a precedent for a website running polls of party members in this way and getting good results.
However, with games like God of War setting a precedent with taking an older game which already had a good story and combat and then just positively blowing away all my expectations with a captivating story, graphics, gameplay mechanics, missions, map, upgrade system... YOU NAME IT ALL INCREDIBLE....
It sounds like a little thing, but it makes the film feel like it's made by an amateur — which Beatty is decidedly not — and doesn't seem to have a precedent in the older films it wants to emulate.
The last sentence with its «the issue was decided» explodes with association — an issue of the old magazine, the emotional issue between husband and wife and, just to certify the Biblical precedent, «issue» as offspring.
The Game Boy Advance was barely three years old before the Nintendo DS came out so there's precedent for Nintendo replacing a handheld rather quickly.
Older artists like Ed Ruscha and Robert Indiana supply a precedent.
Far from ignoring the lessons of Duchamp, such a treatment of paint was derived from an understanding of his predecessor's artistic strategies, to which Rauschenberg had his first in - depth exposure in the spring of 1953 at Sidney Janis's exhibition, Dada 1916 — 1923.8 Throughout that year, he explored various precedents set by the older artist.
She has an obvious precedent in an older code breaker, Peter Halley, who refuses to believe in the primacy and purity of self - expression.
The paintings in the show, whose title is «Explorations,» don't reinvent the wheel so much as extend art historical precedents — her artistic intelligence is such that she manages a merger of the old and the new, in which the lyric accomplishments of her milieu and artistic forebears are re-invigorated in an art whose vision is genuinely current.
ExxonMobil based its argument on precedents set in two old cases of maritime law holding that «punitive damages are not available against a shipowner for a shipmaster's recklessness» (language from today's decision).
But for now, Works Partnership Architecture have set the precedent, and distilled it, the mix of old tech and planning with a new modern skin, to the essence.
* The old wording — from those 19th if not 18th century precedents — has been judicially reviewed so its meaning is clear.
Having been involved in a car crash that orphaned and seriously injured a seven - year old boy, Ms. Nixon may not engender a high degree of public sympathy but her legal ordeal set the stage for a very significant precedent handed down by the Supreme Court of Canada (SCC) several weeks ago in R. v. Nixon 2011 SCC 34.
CPD is in largest measure a waste of time and resources that could be far more profitably applied to creating an encrypted, key - worded data base of precedents, relevant case law, and other materials (not unlike the old bar ad materials except these would be updated continuously as needed every year past your call) that all lawyers could access for research purposes at any time; i.e., the time they need it.
Such was the case in a recent lawsuit involving the severe burning of a minor in a public park has become a precedent setting decision after it was ruled that the defendants in the case, East Bay Regional Park District and Girl Scouts of Northern California, were liable for the injuries caused to 10 year old Fabio Hornischer's hand and arm in a fire pit.
«If... Roe is a super precedent, by the time of Brown v. Board of Education, 347 U.S. 483 (1954), the 58 - year - old, 4 + times affirmed separate but equal rule must have been a super duper pooper scooper precedent, which really, really, double - dog, cross your heart and hope to die can't be overruled.
(contracts that are drafted by the business owner based on a free 15 year old US precedent dealing with different subject matter, etc..)
The Court noted that the new rule is almost identical as the old rule and implies that the precedents developed under the old Rule 31 remain good law.
Which is to say, that as a rule, judges (and more often than not their clerks) will spend a lot of their time looking through old cases in order to find out what case law has decided, what the precedent is.
Citing legal precedent stating that children under the age of four are not yet fully developed, he ruled that Juliet Breitman and Jacob Kohn deviated from what a «reasonable 4 - year - old» (whatever that is) would do in the same situation.
That there are no principles of the old law, to which, we must have recourse that in any manner authorise the present suit, either by precedent or by analogy.
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