The division of marital property is not always straightforward, particularly Pennsylvania, where the division of marital property is done based on «equity» — in other words, the courts generally divide property based
on principles of fairness, not based on principles of equality.
Both the majority and the minority must be guided by the mandate given to the government to build a vibrant society anchored
on the principles of fairness and equality of opportunities.
As an employer, Gore has built its organization
on the principles of fairness, freedom, commitment, and respect.
We're simply trying to make what should be a rather simple change based
on the principle of fairness.»
«Any proposal should be premised
on a principle of fairness to all New Yorkers, city residents, suburbanites and rural residents alike.
Not exact matches
[16:00] Pain + reflection = progress [16:30] Creating a meritocracy to draw the best out
of everybody [18:30] How to raise your probability
of being right [18:50] Why we are conditioned to need to be right [19:30] The neuroscience factor [19:50] The habitual and environmental factor [20:20] How to get to the other side [21:20] Great collective decision - making [21:50] The 5 things you need to be successful [21:55] Create audacious goals [22:15] Why you need problems [22:25] Diagnose the problems to determine the root causes [22:50] Determine the design for what you will do about the root causes [23:00] Decide to work with people who are strong where you are weak [23:15] Push through to results [23:20] The loop
of success [24:15] Ray's new instinctual approach to failure [24:40] Tony's ritual after every event [25:30] The review that changed Ray's outlook
on leadership [27:30] Creating new policies based
on fairness and truth [28:00] What people are missing about Ray's culture [29:30] Creating meaningful work and meaningful relationships [30:15] The importance
of radical honesty [30:50] Thoughtful disagreement [32:10] Why it was the relationships that changed Ray's life [33:10] Ray's biggest weakness and how he overcame it [34:30] The jungle metaphor [36:00] The dot collector — deciding what to listen to [40:15] The wanting
of meritocratic decision - making [41:40] How to see bubbles and busts [42:40] Productivity [43:00] Where we are in the cycle [43:40] What the Fed will do [44:05] We are late in the long - term debt cycle [44:30] Long - term debt is going to be squeezing us [45:00] We have 2 economies [45:30] This year is very similar to 1937 [46:10] The top tenth
of the top 1 %
of wealth = bottom 90 % combined [46:25] How this creates populism [47:00] The economy for the bottom 60 % isn't growing [48:20] If you look at averages, the country is in a bind [49:10] What are the overarching
principles that bind us together?
«The
principles of balance,
fairness, and reciprocity
on matters
of trade will continue to guide the American position.»
The Sharia finance
principle is related to the «Ethical Finance» that focus
on the value
of equality, morality, and
fairness in finance.
They include the «chilling effects»
of libel suits, the perennial conflicts between property and access, the three out
of four publishers who intervene in news decisions affecting their local markets, the advertisers» freedom to move their money to where their interests are, industry self - regulation in broadcasting and advertising, the backlash against conveying under duress (as in a hostage crisis) points
of view that are never aired as directly without duress, the flareups
of book banning and censorship
of textbooks, the rout
of the civil rights movement, the retreat from
principles of fairness and equality (even where never implemented), the attack
on scientific and humane teaching, the threat
of self - appointed media watchdogs to also spy
on teachers in the classroom, and the general vigor
of ancient orthodoxies masquarading as neo-this and neo-that.
Typically but not exclusively, for men the frame
of reference
of moral decision - making lies in the primacy
of principle, in the values
of truth and
fairness — inevitably a perspective that focuses
on people's rights.
We fight for the adoption
of ecologically, socially and economically sound systems based
on the
principles of organic agriculture — health, ecology,
fairness and care.
We find it very bizarre that the Hon. Attorney - General, Ms Gloria Akufo, who assured the entire citizenry
of her commitment to
fairness and strict adherence to ethical
principles at her vetting not too long ago, will claim that she exercised the said constitutional discretion
on grounds merely that there was a lack
of evidence to prosecute the case in question when indeed, the Siting Judge, Court Clerks, Court Bailiffs, Court Warrant Officers (CWOs), Journalists as well as notable public figures in whose presence the said court was physically attacked and the accused persons freed, are alive and available to be interviewed and evidence taken from same.
Thus, the most pressing and overwhelming challenge facing the next Labour leader and shadow chancellor will be in devising a compelling economic narrative
of progressive fiscal responsibility, whilst resolutely holding
on to our core
principles of self - improvement,
fairness and equality
of opportunity.
At a campaign event in Thornden Park in Syracuse, Kingson promised to focus the election
on «the
principles of dignity, economic security and mobility,
fairness and accountability.»
Oba Akanbi who charged the media practitioners
on the need for them to always uphold
principle of objectivity and
fairness in their reportage also implored them to embrace patriotic journalism.
«Carlos Cardona's release from federal detention is an important step toward upholding the
principles of fairness and equality
on which this state was built,» Cuomo said in a statement.
«Governor Bello has said that apart from ongoing infrastructural development in the state, long lasting institutional reforms that will be the bedrock
of an organised and functional system are ongoing to put in place a system which runs
on principles of equity,
fairness, justice, and one which rewards for merit and diligence.
The panel would then draw the lines, based
on several
principles of fairness.
The last paragraph to this article should inform the fundamental promise every leadership candidate makes to the party and the country, to do otherwise would be a complete betrayal
of everything Labour should stand for and further a betrayal
of the
principles of fairness and justice
on which our future must be built
MADISON, Wis. (AP)-- Longtime Democratic Madison Mayor Paul Soglin joined the race for Wisconsin governor
on Wednesday, immediately tying Republican Gov. Scott Walker with President Donald Trump and attacking both
of them as violating and undermining American
principles of fairness and equality.
Using this new framework, policy makers can now examine this topic in a more analytical manner and develop guidelines based
on fundamental
principles of economic
fairness rather than arbitrary limits.
What is most important, as the courts and legislature deliberate
on school finance, is to ensure that any system holds firm to
principles of excellence,
fairness and equity.
A statement
on the Leeds City Council website by Councillor Judith Blake said: «We do not feel this basic
principle of fairness has been adhered to in this case and will be looking with colleagues nationally at the possibility
of raising a legal challenge to ensure Ofqual and the government put this right.»
A statement
on the council's website said: «We do not feel this basic
principle of fairness has been adhered to in this case and will be looking with colleagues nationally at the possibility
of raising a legal challenge to ensure Ofqual and the government put this right.»
Journalists are trained to look for alternative views
on a story and, as a general
principle for achieving
fairness and reducing subjectivity across a variety
of story situations it is not a bad one.
I have argued a number
of fairness principles based
on this idea in this article in the Chicago Journal
of International Law.
70 While the
principles of fairness and flexibility have informed the modern approach to the application
of proprietary estoppel, as adopted by this Court in its jurisprudence (see Idle - O Apartments Inc. v. Charlyn Investments Ltd., 2014 BCCA 451 (B.C. C.A.) at para. 49; Sabey v. von Hopffgarten Estate, 2014 BCCA 360 (B.C. C.A.); Scholz v. Scholz, 2013 BCCA 309 (B.C. C.A.) at para. 31; Sykes v. Rosebery Parklands Development Society, 2011 BCCA 15 (B.C. C.A.) at paras. 44 - 46; Erickson v. Jones, 2008 BCCA 379 (B.C. C.A.) at paras. 52 - 57; Trethewey - Edge Dyking (District) v. Coniagas Ranches Ltd. [2003 CarswellBC 657 (B.C. C.A.)-RSB- at paras. 64 - 73; Zelmer v. Victor Projects Ltd. (1997), 34 B.C.L.R. (3d) 125 (B.C. C.A.) at paras. 36 - 37), there remains a necessary balancing between an overly broad application
of the doctrine under the general guise
of «unfairness» and an overly narrow application
of the doctrine that places excessive weight
on the technical requirements
of the doctrine.
Knowing that she was a sitting Judge and Justice helps clients to feel confident that her arbitration decisions are objective and based
on a solid legal understanding as well as
principles of equity and
fairness.
... (1) to promote accuracy and certainty in the adjudication
of claims; (2) to provide
fairness to persons who might be required to defend against claims based
on stale evidence; and (3) to prompt persons who might wish to commence claims to be diligent in pursuing them in a timely fashion Having regard to these
principles, and
on the basis
of the facts before him, Justice Perell decided that the limitation period for the insured in Nasr began to run from the date upon which Intact formally denied the claim in July 2013.
Failure to advise a respondent
of their right to seek legal aid may breach
of common law
principles of fairness and art 6.3 (c)
of the European Convention
on Human Rights (see also Hammerton v Hammerton [2007] EWCA Civ 248, [2007] 2 FLR 1133).
«Baroness Hale, at [147] to [152], squarely faced the conceptual difficulties inherent in the different application
of the sharing
principle to short marriages but considered that,
on balance, perceptions
of fairness justified it.
33 To function effectively in the case - dialogue approach, students are often forced to separate their personal sense
of fairness and justice from their understanding
of legal rules and
principles.34 In other words, exclusive reliance
on the case - dialogue method fragments legal education.35 Traditional legal education, therefore, emphasizes the abstract and technical aspect
of legal practice at the expense
of a more holistic vision
of the attorney as both private advocate and social regulator.36
Courts have a wide discretion to redistribute property
on divorce, which they exercise according to the
principles set out in s 25
of the Matrimonial Causes Act 1973 (MCA 1973) and the concept
of «
fairness».
In
fairness, it should be noted that the Court's reasoning might have reflected the various emphases
on the importance
of international human rights law and norms by counsel, the different approaches
of different judges, or
principled distinctions lurking in the background that have not been systematically revealed in the written reasons.
That said, I would venture that trial
fairness should operate as the guiding
principle in this area, so if the plaintiff has decided that expert evidence from one specialty based
on an examination
of the plaintiff is relevant to the adjudication
of her claim at trial, courts should be loathe to deny the defence a fair opportunity to respond with expert evidence from the same specialty based
on an assessment
of the plaintiff.
In the determination, the Court
of Appeal reiterated that the authoritative jurisprudence
on the
principle of special contribution is clearly provided by the House
of Lords in the cases
of Miller and Charman and that it was not open to the Court
of Appeal to substitute any personal concepts
of fairness for those reflected in the
principles already laid down by previous authorities.
The
principles that drive our success are those found in most thriving organizations: Integrity, honesty,
fairness in our dealings with our colleagues, our clients and our legal adversaries; an expectation
of excellence in our work, through both mastery
of the law and careful preparation; a common - sense approach to problem solving that respects and conserves our clients» resources; a responsive, service - oriented attitude in our working relationships; and a willingness to engage issues and opponents head -
on when necessary, and win.
The committee has five ethical
principles, including operating
on principles of intelligibility and
fairness, which they believe should be applied across all sectors.
Unless advocates
of the traditional approach can explain in a
principled way why judicial intervention should be encouraged
on matters
of «procedure» or «
fairness», more and more judges will adopt the Dunsmuir framework for all administrative decisions, procedural or not.
Ensuring that the rules
of procedural
fairness are adhered to by administrative bodies may present new challenges to the business lawyer, as the courts increasingly draw
on administrative law
principles to protect the interests
of First Nations communities.
d) the judgment was obtained by fraud in connection with a matter
of procedure; e) recognition or enforcement would be manifestly incompatible with the public policy
of the requested State, including situations where the specific proceedings leading to the judgment were incompatible with fundamental
principles of procedural
fairness of that State; f) the judgment is inconsistent with a judgment given in the requested State in a dispute between the same parties; or g) the judgment is inconsistent with an earlier judgment given in another State between the same parties
on the same cause
of action, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested State.
«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.
In reaching his decision in favour
of the condo corporation, the Judge went beyond the strict wording
of the declaration, relying
on the
principles of equity and
fairness.
Stadlen J was unequivocal at para 84
of his judgment: «[I] n the absence
of a problem in the witness giving evidence in person or by video link, or some other exceptional circumstance,
fairness requires that in disciplinary proceedings a person facing serious charges, especially if they amount to criminal offences which if proved are likely to have grave adverse effects
on his or her reputation and career, should in
principle be entitled by cross-examination to test the evidence
of his accuser (s) where that evidence is the sole or decisive evidence relied
on against him.»
Finally,
on the distinction between beliefs and actions, and in
fairness to some
of the critics you cite, the initial material provided by the LSUC expressly required that members» statement
of principles demonstrate that they «value» equality, diversity and inclusion.
The decisions in Brar and in Abetew make it very clear that in Manitoba, at least, where an individual's livelihood is at stake
on the basis
of a tribunal's licensing decision, the
principles of procedural
fairness require that written reasons be provided.
But, while the mediation
of courts is based upon the
principle of judicial impartiality, disinterestedness, and
fairness pervading the whole system
of judicature, so that courts may as near as possible be above suspicion, there is,
on the other side, an important issue at stake: that is, that causes may not be unfairly prejudiced, unduly delayed, or discontent created through unfounded charges
of prejudice or unfairness made against the judge in the trial
of a cause...
More advice can be found in «Some Thoughts
on the Judge's Written Work,» prepared for the October 2014 educational conference
of the American Judges Association, highlighting ways that procedural -
fairness principles can be incorporated into a judge's written opinions.
Adherence to procedural
fairness principles can have perhaps the greatest impact
on the perceptions
of offenders, the community, and those who come into contact with the justice system.The articles below focus
on how and whether procedural
fairness affects public opinion.
The First Nations are relying
on the established administrative law
principle of procedural
fairness to argue that the duty to consult is not necessarily confined to cases involving s. 35 Charter rights.