Sentences with phrase «on a clause enforcing»

In Colorado, vouchers were brought down in 2004 by a clause mandating local control over local revenue and, in Florida, they were overturned in 2006 based on a clause enforcing a «uniform» system of education.

Not exact matches

On Monday, Mr Trump and Mr Cohen each filed court documents seeking to enforce that clause.

The State can not finance secular instruction if it permits religion to be taught in the same classroom; but if it exacts a promise that religion not be so taught — a promise the school and its teachers are quite willing and on this record able to give — and enforces it, it is then entangled in the «no entanglement» aspect of the Court's Establishment Clause jurisprudence [Lemon v. Kurtzman, 403 U.S. 666, 668].

Well - functioning school choice requires a federal role in gathering and disseminating high - quality data on school performance; ensures that civil rights laws are enforced; distributes funds based on enrollment of high - need students in particular schools; and supports a growing supply of school options through an expanded, equitably funded charter sector and through the unfettered growth of digital learning via application of the U.S. Constitution's commerce clause.

Only those with adequate level background investigations are granted access to sensitive information — and this requirement is enforced on the contractors through clauses incorporated in the contracts issued by FAA.

I think — and this is just an opinion — that the clause is a «just in case» kind of thing — something they could invoke if they needed to, but don't plan on routinely enforcing.

Non-compete clauses in my experience tend to get enforced depending on the competence of the fired, and the vindictiveness of the firer.

Federal law prohibits lenders from enforcing a due on sale clause in regard to transfers to a living trust.

The clause (if enforced) means it might not be possible for us to release on Xbox One, even though we wanted to.»

In a 1978 decision, for instance, the Court of Appeal of Florence refused to enforce an award rendered in England by only two arbitrators, who had declined to appoint a third arbitrator on the basis of the 1950 English Arbitration Act, pursuant to which a clause providing for a three - member tribunal was deemed to take effect as if it provided for an umpire.

Supreme Court Rules Facebook's Jurisdiction Clause Unenforceable Robert Kalanda blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction cClause Unenforceable Robert Kalanda blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clauseclause.

Robert Kalanda on Supreme Court of Canada Narrowly Rules Facebook's Jurisdiction Clause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against the plaiClause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against the plaiclause in its terms of use against the plaintiff.

The Dell v Consumers Union case out of Quebec might be another — where the SCC enforced an arbitration clause — though again, the people resisting enforcement were trying to take unfair advantage of a clear mistake by the company, even circulating deep links to avoid the effect of the first attempt to correct the mistake on the website.

On this basis, where an employee is required to sign the clause mid-tenure, it is sometimes wise for him or her not to even protest it, since it will never be enforced.

«The problem the plaintiff had in this case was that they relied solely on the working of s. 4, and didn't go further to try to introduce evidence as to why the forum clause should not be enforced,» Murphy says.

[123] If the exclusion clause is held to be valid and applicable, the Court may undertake a third enquiry, namely whether the Court should nevertheless refuse to enforce the valid exclusion clause because of the existence of an overriding public policy, proof of which lies on the party seeking to avoid enforcement of the clause, that outweighs the very strong public interest in the enforcement of contracts.

The Court was split 5 - 4 on the basis of whether or not, after applying this new test, the privilege clause in the Tercon case should be enforced.

International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Fourth Edition Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches.

Attorney obtained dismissal on preliminary objections for lack of personal jurisdiction over n out of state businessman with regard to a commercial transaction involving an in state resident who sought to enforce a contract clause which he claimed...

For instance, it would have been unsurprising if the Court had held that the clause is ambiguous on the basis that it is not clear whether the employee was entitled under the clause to one week's notice per year of service with a minimum of four weeks, or the minimum entitlement under the ESA, and refused to enforce the clause on that basis.

Successfully representing a large broking house in litigation enforcing a seven figure liquidated damages clause on the no show of a rainmaking broker recruited from a competitor — the leading case on the enforcement of liquidated damages clauses in employment contracts.

A recent decision of the Ontario Court of Appeal (ONCA) has provided clarity in the debate over the validity of termination clauses in employment contracts that are silent on continuation of benefits through the statutory notice period.In Oudin v. Centre Francophone de Toronto, 2016 ONCA 514, the ONCA enforced a termination clause that set out the notice period in case of dismissal but did not mention benefits continuation.

On June 23, 2017, the Supreme Court of Canada (SCC) released its decision in Douez v Facebook, Inc, 2017 SCC 33, refusing to enforce the forum selection clause contained in Facebook Inc's (Facebook) terms of service.

The Court of Appeal on freezing orders; Singapore builds its dispute resolution capabilities; Is it possible to enforce a clause requiring parties to resolve a dispute by «friendly discussion»?

Henry advises clients on drafting employment and consultancy agreements and handbooks both within the UK and the EU, as well as on secondment and assignment issues when transferring staff internationally; drafting and enforcing non-compete clauses and confidentiality restrictions; handling poor performance and claims of discrimination; redundancies (reductions in force) and lay - offs; avoiding workplace harassment; conducting disciplinary investigations and grievances; work permits and visas and data privacy (including issues around the transfer of human resources data from the EU to the US).

16.4 The Guarantor irrevocably waives any objection which it may now or in the future have to the laying of the venue of any proceedings in any court referred to in this Clause and any claim that those proceedings have been brought in an inconvenient or inappropriate forum, and irrevocably agrees that a judgment in any proceedings commenced in any such court shall be conclusive and binding on it and may be enforced in the courts of any jurisdiction...».

But in a strongly worded dissent on behalf of himself and Justices Scalia, Thomas, and Alito, Chief Justice Roberts argued that such remedies under the Supremacy Clause should not be available, lest the Supremacy Clause provide litigants with a means of making an end - run around their inability to enforce section 30 (A)(the Medicaid statute's critical requirement that states fund Medicaid at levels sufficient to guarantee «equal access» to quality providers) either directly or via 42 U.S.C. § 1983.

The revised fifth edition of International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolutionEnforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolutionenforcing international arbitration agreements and other dispute resolution clauses.

It followed that when agreeing to the clause the parties could not have placed much, if any reliance on the value to the underwriters of any subrogation right to enforce non-status loans.

If you have lost your job for any reason, were accused of misconduct, have questions about severance packages or received an employment contract or an agreement containing any release clauses Whitten and Lublin Belleville can help review your documents and advise you on how to proceed to protect and enforce your legal rights.

While banks have a way to enforce coverage and protect their collateral through the mortgagee clause on your policy and the deed of trust, apartment communities can require and track compliance with renters insurance in a similar fashion.

Under this federal law, lenders may not enforce an otherwise valid due - on - sale clause if a mortgage or property is transferred as a result of a divorce decree, legal separation agreement, or a property settlement agreement.

Somehow TREB failed to mention copyrights and how the current «unhindered» license agreement on copyright they are using can not enforce TREB rights to use because TREB has failed to communicate to its members what the current clause in the MLS rules means.

Now I know this is seldom or ever enforced but a contingency on ICs RevCan certification was this specific clause because it established a non-employee relationship on the collection of earnings (of course this is applicable to REVCAN only, as you are still employees under the act).

Of course, if interest rates rose dramatically, lenders may start enforcing the «due on sale» clauses again.

Enter the «trust assignment trick... The Garn St. Germain Act carves several exceptions in which the lender may not enforce the «due on sale» clause:

-- including a lien on the stock of a cooperative housing corporation (a «co-op»)-- no lender can enforce its due - on - sale clause due to any of the following prevalent circumstances: (1) The creation of a lien (or other encumbrance subordinate to the lender's security instrument) that does not relate to a transfer of rights of occupancy in the property; (2) The creation of a purchase money security interest for household appliances; (3) A transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (4) The granting of a leasehold interest of three years or less * not containing an option to purchase (5) A transfer to a relative resulting from the death of a borrower; (6) A transfer where the spouse or children of the borrower would become owners of the property; (7) A transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the borrower becomes an owner of the property (8) A transfer of the borrower's property into an inter vivos trust in which the borrower is and remains a beneficiary and which [trust agreement] does not relate to a transfer of rights of occupancy in the property; or (9) Any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board.