Sentences with phrase «public adjudication»

The court also noted the importance of public adjudication of disputes for the development of common law.

The court also noted the importance of public adjudication of disputes for the development... [more]

Without public adjudication of civil cases, the development of the common law is stunted.

Not exact matches

The adjudication of these factors and how they were to be represented to the public, though, has lain primarily with the television industry, which controls the airwaves and the content communicated through them.

Mr Cameron added: «We will create a new presumption - backed up by new rights for public service users and a new system of independent adjudication - that public services should be open to a range of providers competing to offer a better service.»

In 2012, Mr. de Blasio, as public advocate, proposed piloting a fine - reduction program that emphasized compliance education, required city agencies to report fine revenue and streamlined the adjudication process for business owners to contest violations.

LaValle's report, which he compiled after hearing expert testimony during a public meeting in May and reviewing best practices from New York colleges, goes farther than Cuomo's policy, though, addressing the adjudication of assault charges and related disciplinary actions.

These includes a proposal for legislation preventing the use of public money in settling sexual harassment claims, removal of forced arbitration provisions from employee contracts and a requirement that companies doing business with the state disclose the number of sexual harassment adjudications and nondisclosure agreements they've carried out.

There needs to be an independent adjudication of both needs, and actual provision, to restore public trust and confidence.

We will consider using ADR in all areas including workplace issues, formal and informal adjudication, issuance of regulations, enforcement and compliance, issuing and revoking licenses and permits, contract and grant award and administration, litigation brought by or against the Department, and other interactions with the public and the regulated community.

In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issue.

In the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issue.

Charles J agreed with Collins J in Livingstone v Adjudication Panel for England [2006] LGR 799 and Sanders v Kingston that whilst the Code satisfies Art 10 it is important that the restraints should not extend beyond what is necessary to maintain proper standards in public life and also that political expression attracts a higher level of protection.

Helping to align investment arbitration with the functioning and the results of other systems of public law adjudication can contribute to forming an emerging consensus on the many contested issues in international investment law and afford legitimacy to the dispute settlement activity of investor - State arbitral tribunals.

Though less desirable than any of the above, a stay of adjudication will prevent the Court Administrator from certifying the traffic violation to the Minnesota Department of Public Safety, which means it won't go on the Minnesota Drivers License Record.

The high court said Article III was not violated because Congress has «significant latitude» in assigning adjudication of public rights to «entities other than Article III courts.»

Such conduct diminishes the public's respect for the court and for the administration of criminal justice and thereby undermines the legitimacy of the results of the adjudication.»

Public confidence in the impartial adjudication of disputes by an independent judiciary is the Canadian judiciary's most valuable commodity.

(d) Where the LERB conducts an oral hearing to receive evidence which was not before the Chief in making his initial adjudication, a member of the public, including the media, attending the hearing would need access to the Record to understand the full evidentiary landscape, to avoid being left with an incomplete impression created by the new oral evidence alone;

That decision required the panel to make findings of fact (whether there would be procedural prejudice, for example) findings of law (such as whether responsibility for delay before the establishment of the current or most recent regulatory regime should be attributed to the Commissioner) and the exercise of a discretion (weighing in the balance the public interest in addressing the complaints on their merits against the public and private interest in fair adjudication).

The procedurally irregular and substantively deficient nature of their adjudication gave more than ample cause for reasonable observers to question the three judges» own impartiality and propriety, and undermined the decisional independence that trial judges must enjoy to render fair and impartial decisions that are seen as legitimate across the full spectrum of the public's diverse litigants and communities.

In this Article, I closely examine this episode, which highlights a growing fluidity between adjudication and public discourse.

In my last post I argued that investment law should be reconceived as a system of public law adjudication in order to react to current criticism.

This requires working on counsel and arbitrators to perceive of themselves as being engaged in a process of public law adjudication that requires them to act in accordance with the expectations connected to such a role, most importantly to live up to the values of public law that fuel the criticism of investment law as privatizing global governance.

Certainly, one could argue that public law adjudication requires a certain adjudicatory structure, such as the presence of an appeals mechanism and permanent courts with tenured judges; yet, this disregards that arbitration is not an infrequent mode of settling disputes between public law bodies and private actors also at the purely domestic level, and is obviously accepted under the constitutional provisions of the legal systems involved.

In the interim, I have made an initial contribution in Foster, Caroline E. «Adjudication, Arbitration and the Turn to Public Law «Standards of Review»: Putting the Precautionary Principle in the Crucible» [2012](3) Journal of International Dispute Settlement, 525 available at http://jids.oxfordjournals.org/content/3/3/525.abstract.

Overzealous advocacy is not only costly to the parties but also burdens the courts and undermines the public interest in the timely adjudication and just resolution of patent disputes.

To the extent that Palmer suggests a generally applicable proposition that legislative purpose is irrelevant in constitutional adjudication, our prior cases — as indicated in the text — are to the contrary; and, very shortly after Palmer, all Members of the Court majority in that case joined the Court's opinion in Lemon v. Kurtzman, 403 U. S. 602 (1971), which dealt with the issue of public financing for private schools and which announced, as the Court had several times before, that the validity of public aid to church - related schools includes close inquiry into the purpose of the challenged statute.

Trial courts, where the essential findings of fact and drawing of inferences are done, can only be held properly to account if the reasons for their adjudication are transparent and accessible to the public and the appellate courts.»

He has extensive experience of mediation, arbitration and adjudication as well as the procurement process for both the private and public sectors.

In the public mind, being a trial judge will be associated with only those purposes — to provide the rich with expert adjudication and protection.

The IP Court and the IP Case Adjudication Act changed the requirements of PI application, making it clear that the court must review the likelihood of success, the likelihood of irreparable harm, the necessity, and the balance of public interests.

[97] If individuals can not be assured that judges are impartial, this could erode public confidence in adjudication and could result in people becoming reluctant to seek the aid of the judiciary to help resolve disputes.

Taiwanese enterprises became rather mature with the global IP regime and with the assistance of IP professionals and authorities, such as the Intellectual Property Court being established in 2008 in response to the public's concerns of the adjudication of IP related cases.

It is important to remember that this case concerned the adjudication of a labour grievance by the Public Service Labour Relations and Employment Board.

However, there is a number of procedures available that allow, under certain conditions, for settlements with the prosecution or other ways to avoid further prosecution and criminal sanctions, or adjudication by a criminal court in a public hearing.

Sally also regularly acts in adjudication litigation, arbitration and alternative dispute resolution proceedings for public procurement, construction and engineering disputes.

By mapping the remarkable run of the icon of Justice, a woman with scales and sword, and by tracing the development of public spaces dedicated to justice — courthouses — the authors explore the evolution of adjudication into its modern form as well as the intimate relationship between the courts and democracy.

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Since that time, there has been more public discussion of the potential impact on the delivery of adjudication services in the province.

Mark's other books include Public Law Adjudication in Common Law Systems: Process and Substance (Hart Publishing 2016)(co-edited with John Bell, Jason Varuhas and Philip Murray), The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow (Hart Publishing 2015)(co-edited with Hanna Wilberg), The Cambridge Companion to Public Law (Cambridge University Press 2015)(co-edited with David Feldman) and The Constitutional Foundations of Judicial Review (Hart Publishing 2000).

The final report supports the implementation of a public administrative tribunal to promote reliable, competent, and consistent adjudication.

The Operations unit under PDP provides information to the public on pharmacare application status, benefit coverage and adjudication of claims and extends helpdesk support and troubleshooting to pharmacy providers.

Construction Contracts Adjudication Service & Civil and Public Service Mediation Service Department of Jobs, Enterprise and Innovation

1997)(stating that in custody, support, or enforcement cases, the court shall inquire whether public assistance money was provided by the Department of Health Services for the minor child's benefit and, if it has, the DHS shall be a necessary party for the adjudication and establishment of the debt owed); R.I. Gen. Laws 15-5-16 (D)(1)(Supp.