While the public focuses
on fairness of the process, judges and lawyers tend to focus on fair outcomes, often at the expense of meeting the criteria of procedural fairness that are critical to public perceptions of the courts.
Not exact matches
Joel Reidenberg, a privacy expert with Fordham University, told me, «The relevant EU rules are based
on general fair information practice standards, addressing a variety
of aspects related to
fairness in collection, purpose limitations, transparency
of processing, accuracy, data subject access, and remedies for violations, and are more stringent because
of their detail as well as some new twists.»
«Implementing these recommendations will improve our culture, promote
fairness and accountability, and establish
processes and systems to ensure the mistakes
of the past will not be repeated,» Liane Hornsey, Uber's chief
of human resources, said in a statement
on Tuesday.
This means making sure the industry — which holds the promise to meet small businesses» capital needs — is built
on transparency and
fairness, and puts the interests
of small businesses at the center
of the lending
process.
«I will not allow the NFL to impose a new
process of discipline
on me, ignore the CBA, ignore the deal they agreed to with me, and behave without
fairness or accountability,» Peterson said in a statement.
«I will not allow the NFL to impose a new
process of discipline
on me, ignore the CBA, ignore the deal they agreed to with me, and behave without
fairness or accountability,» Peterson said in a statement that can be read in full
on the NFL Players Association website.
The Recordings do not create any property right and do not impose
on the Village
of Orland Park any duty
of fairness or natural justice to anyone with respect to the contents
of the Recordings or any
process thereunder.
Whilst the Acting General - Secretary
of NPP, Mr. John Boadu, assured the Police
of the full co-operation
of his party in the atmosphere
of fairness and impartiality, Nii Allotey Brew Hammond, the Chairman
of the PPP, called
on the agencies involved in the electoral
process to commit to their responsibilities, as the
process is an integrated affair.
In sum, we strongly support the Open FOIL bill and based
on a mountain
of real world experience and research, we believe it will vastly improve the responsiveness, transparency and
fairness of the city's FOIL
process.
He said the National Democratic Congress (NDC) members
on the Committee, will not frustrate the
process, but will ensure that Martin Amidu passes the test
of competence and
fairness before...
Buhari noted that his administration had already started the
process of ensuring
fairness, justice and equity, in spite
of challenges, and would work hard to consolidate
on the gains.
«Internally, the agency should be very careful in establishing,
on its own, procedures and guidelines so there is
fairness in the bidding
process and
fairness in the completion
of projects.»
«Our findings show that terrorism shifts public attitudes towards greater loyalty to the in - group, less concern with
fairness, and greater prejudice against Muslims and immigrants, but it seems that this effect is stronger
on those who are politically left - leaning than those who are right - leaning,» explain psychological scientists from the Center for the Study
of Group
Processes at the University
of Kent.
«CIHR embarked
on the reform
of its open funding programs and peer review
process to improve the sustainability
of our health research system, the transparency and
fairness of our granting
processes, and the quality and impact
of the research supported by federal investments,» he wrote.
The School challenged OFSTED's Complaints Procedure
on the basis that if an organisation, such as OFSTED, has an internal Complaints Procedure it ought to be «a fair and robust
process that permits a substantive challenge and which gives the complaining party the possibility, in appropriate cases,
of having the decision changed» (although it was accepted that «
fairness» does not necessarily require an external appeals
process).
The present report incorporates seven
of those 13 dimensions that are outward facing for students and families and most likely, conceptually, to play a role in their exercise
of school choice: Alternatives to traditional schools, e.g., number
of seats in charter schools; Assignment
Process, i.e., the extent of school choice and its» fairness; Common Application for traditional and charter schools; Accessibility of information on the choice process; Understandability of the information provided to parents on which to compare schools; Transportation to schools of choice; and School Quality in the di
Process, i.e., the extent
of school choice and its»
fairness; Common Application for traditional and charter schools; Accessibility
of information
on the choice
process; Understandability of the information provided to parents on which to compare schools; Transportation to schools of choice; and School Quality in the di
process; Understandability
of the information provided to parents
on which to compare schools; Transportation to schools
of choice; and School Quality in the district.
Research suggests high - quality assessments
of school principals should be, among other things, consistently applied and tested for
fairness; seen as an ongoing
process for professional growth rather than a «tool» or isolated event; and based
on the best available evidence.
Research and best practice models suggest that high - quality assessments: (1) measure what they are designed to measure; (2) are consistently applied and tested for
fairness; (3) regard assessment as an ongoing
process for professional growth, not just a «tool» or an isolated event; (4) use the best available evidence, often from multiple sources; (5) reinforce the organization's core goals; (6) provide actionable feedback
on what matters most; and (7) help build a culture
of continuous improvement.
In all
fairness, I commend his comment to you along with his point that we are focused here
on only one aspect
of the «inestimable value to the
process» that he says he believes (and I do, too) most publishers add for most writers.
So, be aware
of withdrawal provisions
on your investments, both the formal ones listed in the prospectus or its equivalent, and the informal ones where ability to withdraw is suspended as a matter
of fairness to all clients, and / or protecting a business at a financial firm (though risking lawsuits in the
process).
Screening
Process: Non-corporate issuers present a unique opportunity to focus
on three key themes: • Increasing access to capital, especially for those historically underserved • Creating public goods, especially for those most in need • Filling capital gaps left by current financial practice These three themes flow from our belief that healthy economies must be built
on a strong foundation
of fairness and opportunity for all.
Writing for the court, Justice Brown noted that «
fairness requires a judge to accommodate a self - represented party's unfamiliarity with the litigation
process to enable her to present her case to the best
of her ability: Davids v. Davids (1999), 1999 CanLII 9289 (
ON CA), 125 O.A.C. 375 (C.A.), at para. 36.»
The court also found that the extension
of the claim filing deadline would only be an appropriate remedy where the specific failure bears directly
on the
fairness of the liquidation or the claim filing
process.
In a recent case the Employment Appeals Tribunal (EAT) has found that a «perfunctory and insensitive» redundancy consultation
process can impact
on the ultimate
fairness of a redundancy dismissal.
Yet
fairness to the participants in the administrative
process surely suggests they should be able to make submissions in full light
of the considerations the decision - maker will take into account; all relevant evidence and interpretive positions should be
on the record in the proceeding (however informal), not magicked up after the fact.
While a tribunal's substantive decision - making under its home statute may survive a judicial review merely by being reasonable, a tribunal must still be correct about questions
of general law, and must still reach decisions
on a foundation
of procedural
fairness; legislatures do not authorize tribunals to decide matters through unjust
processes (Dunsmuir at 128 - 129).
They covered the failure
of the Lord Chancellor to consult
on the
process of the changes, the common law duty
of the Lord Chancellor to ensure
fairness; and grounds based upon the European Convention
on Human Rights.
In La, Justice Sopinka emphasized, at para. 27, that «[t] he appropriateness
of a stay
of proceedings depends upon the effect
of the conduct amounting to an abuse
of process or other prejudice
on the
fairness of the trial.»
The former employee relied
on the following grounds in his judicial review: bias
of the adjudicator;
fairness of the hearing; appropriateness
of deciding the matter solely
on the basis
of abuse
of process, and; whether the matter
of genuineness
of the emails was properly determined.
Garwill Law provides expert legal advice
on customs and excise, tariff and excise tax, international trade law, constitutional and Charter law, immigration determinations, and administrative law (such as procedural
fairness, reasonable apprehension
of bias, or due
process in courts and tribunals).
This was not, however, enough for the Court
of Appeal for Ontario to make a finding
of ineffective assistance
of counsel, as there was no miscarriage
of justice: counsel's actions did not impact
on the reliability
of a verdict which was well - supported
on the evidence, nor did they detract from the
fairness of the adjudicative
process at trial.
«Basic principles
of fairness and due
process preclude retroactive application
of the new ABC test in a way that would nullify years
of litigation and a full trial,» Grubhub's lawyers at Gibson Dunn told the Ninth Circuit
on Tuesday.
Unreasonable delay is a possible basis
on which to raise questions
of natural justice, procedural
fairness, abuse
of process and abuse
of discretion.
So while lawyers are often involved at the end to advise their clients
on the
fairness of the draft agreement, it's rare for lawyers to be involved in the actual mediation
process with their clients.
Checks will vary depending
on the circumstances; making sure that all applicants follow the same
process shows
fairness and prevents the possibility
of discrimination lawsuits.
Responsibilities include questioning parties, issuing subpoenas for production
of witnesses and documents, holding conferences, ruling
on objections and evidence admissibility, receiving exhibits, assessing witness credibility, and maintaining an atmosphere
of fairness, impartiality, and due
process under the law.
The spouses commit to negotiate all issues outside the court
process, relying, instead
on their commitment to
fairness and the expertise
of their lawyers to see negotiations to a successful end.
We teach a client - centered model
of mediation, which is used extensively throughout the field by professional mediators who facilitate a
process of resolving conflict and decision - making based
on clients» creativity and their own sense
of fairness.
This focus
on the «strength and
fairness of process» could have a further advantage
of providing incentives to governments to ensure that native title claimants are adequately resourced and represented.
Courts do not surrender their jurisdiction to resolve controversies, even by agreement
of the parties, unless it can be demonstrated
on an ongoing basis that the tribunals to function in their stead are capable
of providing an equivalent or superior «
fairness,» or, as it is more technically described in the law, «due
process.»