Sentences with phrase «on procedural fairness»

Judges Kevin Burke and Steve Leben authored an extensive white paper on procedural fairness entitled, «Procedural Fairness: A Key Ingredient in Public Satisfaction.»

Through the assistance of a court educator in California, we found the answer in the report published in 2011 by the Center for Court Innovation on research conducted on procedural fairness in California: PDF.

This powerpoint presentation by Judge Kevin Burke is designed for court administrators and gives an overview on procedural fairness principles and it's practical applications.

This site is a collaborative effort by judges, researchers, and university professors who share a belief that an emphasis on procedural fairness can make judges and court managers more effective decision makers, improve compliance with court orders, and increase public satisfaction with the court system.

This article describes a recent learning series on procedural fairness executed using a blended model in Washington State, following those adult learning precepts.

Finally, it would suggest activities for judges and administrators to undertake in order to get more feedback about their progress on procedural fairness in both court room and court house.

In addition, we look at policing, currently the focus of the majority of criminal justice research on procedural fairness, but we retain an emphasis on the courts.

The registrant tested both the fairness of the delay (based on procedural fairness) and the constitutionality of the college investigator's «summons» powers (based on the Charter right of everyone to be secure against unreasonable search and seizure).

There are interesting and useful things in there about the standard of review on procedural fairness where an administrative tribunal is reconsidering a decision, and about the interaction between decisions of the Provincial Court and administrative tribunals.

Not exact matches

Requiring this case to be litigated on an individual basis would risk disparate results in nearly identical suits and exponentially increase the cost of litigation... Class action, by contrast, would achieve economies of time and effort, resolving common legal and factual issues «without sacrificing procedural fairness or bringing about other undesirable results.»

The claimant had argued that he was acting on public interest grounds and also raised issues of procedural fairness.

My post welcoming Evans J.A.'s recent suggestion that weight could be accorded to administrative determinations of procedural fairness questions has provoked some debate, some in the comments section of that post, some on Twitter and some in emails to me.

18 Nevertheless, because most of the appeal decisions on the standard in summary judgment have involved concerns of a lack of procedural fairness rather than a lack of efficiency, this asymmetry could have a conservative influence on the overall approach recommended by the Court of Appeal.

The decision of the secretary of state to appoint a new DCS to replace the appellant was done without any elementary procedural fairness and, on that basis alone, it was unlawful.

Another perspective demands the same conclusion: when an effective decision maker is empowered to give directions to the employer the requirement of procedural fairness on the part of the employer of the office holder must apply to the effective decision maker too.

Shoesmith's statutory accountability did not disentitle her to procedural fairness: on the contrary, since accountability requires that the accountable person explains the state of affairs to which it attaches, Shoesmith ought to have been afforded an opportunity to so account.

This is justified on grounds of procedural fairness — a lawyer unable to reveal information relating to the retainer would be unable to defend themselves against such action.

In R (on the application of Eisai Ltd) v National Institute for Health and Clinical Excellence EWCA Civ 438, [2008] All ER (D) 02 (May) one of the drug companies involved appealed on a narrow point involving procedural fairness.

Where a tribunal is insufficiently alert to its responsibility in ensuring that such a litigant is properly informed of their rights to rectify certain procedural deficiencies on their part, the tribunal's decision might be subject to an appeal based on a denial of procedural fairness.

The Court of Appeal also dismissed arguments made on behalf of XH that the exercise of such power was, in any event, unlawful on the basis of EU law norms of procedural fairness.

Marion Boyd's argument is reflected in Omar's comments: if one does not hold out the possibility of enforcing a family arbitral award made under Islamic law, at least on some grounds (and she set out a number of conditions about procedural and substantive fairness), then those who go to arbitration under that law anyway have no protection in civil law, and the arbitrator has no incentive to conform to our general notions of fairness.

The Court of Appeal dismissed the procedural fairness argument on the basis that all of the moving parties were clearly aware that a pro rata allocation could be ordered by the Court and had vigorously opposed a pro rata allocation throughout the course of the litigation.

The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correctness.

In any event, the relevance of support for the use of these exceptional procedures to introduce even a degree of procedural fairness where none had existed before to the debate on this Bill is limited.

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).

The Court of Appeal concluded Dr. James was deprived procedural fairness and, as such, is entitled to a new hearing on both summary judgment and certification.

Except where there is a «red flag» prompting further inquiry, such as an obvious error in the material or where information has come to light which casts a doubt on the reliability or integrity of the facts or opinions in the underlying material, there was no duty to examine the procedural fairness of investigations upon which facts and opinions in a reference were based.

The elected officials may apply for judicial review of these ministerial decisions on the basis of procedural fairness and councillors have occasionally been judicially reinstated.

The Parole Board, [2013] UKSC 61 has already provoked interesting commentary on the relationship between the common law of procedural fairness and the European Convention on Human Rights.

In Tuesday's opinion, written by appellate Judge Janice Rogers Brown on behalf of the three - judge panel, she referred to the constant back - and - forth as «Sisyphean labor,» stating that the case must be brought to a close in «the interest of procedural fairness and judicial finality.»

The Sentencing Committee of the ABA Criminal Justice Section focuses on the need to improve procedural fairness

Fifth, the limitation on the availability of appeals of the decisions of the designated authority raises issues regarding procedural fairness (see section 47.5 (5)-RRB-.

On judicial review, the third party union argued that the failure to consider its argument was a breach of procedural fairness.

Garwill Law provides advice to governments on the development and implementation of judicial systems, judicial independence, procedural fairness, accountable and transparent judicial administration, and responsible implementation of technology.

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).

The court stated that had the decision rested solely on the basis of the denial of procedural fairness, the grievance would have been sent back to the arbitrator so that the argument could be considered.

On appeal to the Federal Court of Appeal (2013 FCA 75) the court confirmed the procedural fairness ruling of the Federal Court (at paragraphs 24 - 26):

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.

Procedural fairness: No review of regulatory law is complete without covering developments on the ever - present requirements of proceduralProcedural fairness: No review of regulatory law is complete without covering developments on the ever - present requirements of proceduralprocedural fairness.

When an inquiry committee disposes of a complaint by issuing a citation for a disciplinary hearing, to what extent is that committee's decision subject to challenge based on either procedural fairness or on its substantive merits?

But beyond this legal realist premise, it dawns on me that all judicial sentencing decisions plainly are, at some level, policy judgments informed by views on just punishment, crime control, procedural fairness, and other express and implicit considerations.

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.

The latest contributor to the growing literature on deference and procedural fairness is Adrian Vermeule in «Deference and Due Process ``:

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.

Mechanisms of Legal Effect: Theories of Procedural Justice Tom Tyler, Robert Wood Johnson Foundation (2011) Tom Tyler discusses the impact that procedural fairness can have on the physical and psychological health of employees in large orgaProcedural Justice Tom Tyler, Robert Wood Johnson Foundation (2011) Tom Tyler discusses the impact that procedural fairness can have on the physical and psychological health of employees in large orgaprocedural fairness can have on the physical and psychological health of employees in large organizations.

To begin the series and establish a context for the topic, a lesson on the basics of procedural fairness was essential.

As part of their procedural fairness initiative, the California court system created a procedural fairness section on their website.

The need for procedural fairness begins at the courthouse door (or on the courthouse web page) and permeates many aspects of the administration of the courts, as well as what occurs in the courtroom.

The Federal Court of Appeal held that whether an adjudicator has a legal obligation to consider an argument is part of his or her duty of procedural fairness — which is assessed by the courts on a standard of correctness.

The Effects of Trust in Authority and Procedural Fairness on Cooperation (link to paid article) David de Cremer & Tom Tyler, 92 Journal of Applied Psychology 639 (2007) Contrary to a 1998 study by Van den Bos et al., Cremer and Tyler found that, when trust in authority is high, procedural fairness has a strong effect on cooperation wiProcedural Fairness on Cooperation (link to paid article) David de Cremer & Tom Tyler, 92 Journal of Applied Psychology 639 (2007) Contrary to a 1998 study by Van den Bos et al., Cremer and Tyler found that, when trust in authority is high, procedural fairness has a strong effect on cooperation wiprocedural fairness has a strong effect on cooperation with police.