Sentences with phrase «recent supreme court»

In the midst of several recent Supreme Court decisions that gained national media attention, was a ruling that could eventually affect sign laws in the Green Mountain State.
It also looks at why a recent Supreme Court decision on the regulation of bodies of water is important to your inbdustry.
After a lengthy analysis of what constitutes an employment relationship under the code, which included reviewing a recent Supreme Court of Canada decision, tribunal member Norman Trerise concluded that even when interpreted broadly, the term employment still relies on two main questions: how much control is exercised by the employer over working conditions and remuneration, and how dependant the worker is on that employer.
In a recent editorial published in the Cape Argus, the chairman of Rawson opined that «homebuyers, banks and tenants all need to take action to protect themselves against the effects of the recent Supreme Court of Appeal (SCA) judgment that property owners can be held liable for historical municipal debts dating back up to 30 years.»
A recent Supreme Court of Canada decision, Krayzel Corp. v. Equitable Trust Co. tackled an interesting related issue: Does this prohibition also cover those scenarios where the borrower gets a lower - interest rate «discount» while he or she is not in default, as compared to the higher rate payable if the loan goes into default?
The recent Supreme Court decision in Obergefell v. Hodges makes marriage equality the rule in all U.S. jurisdictions.
According to a recent report in the Tampa edition of Creative Loafing, in light of the recent Supreme Court decision and issuance of marriage licenses to same - sex couples, Florida's Office of Vital Statistics is making the state's marriage certificates gender neutral...
But a recent Supreme Court case, Petrella v. MGM, called the doctrine into question.
We will fight hard against any efforts to undermine post-grant review of patents or recent Supreme Court decisions cutting back on abstract patents.
Although recent Supreme Court rulings such as the notable 2014 decision in Alice Corporation v. CLS Bank Intl. have made patenting certain categories of software inventions more difficult, patents on software features for many different technologies are alive and well.
Shubha Ghosh provided commentary on Teva v. Sandoz, the recent Supreme Court recent decision on patent claim construction, for a January post on the blog PatentlyO.
What will be most interesting to watch as this cases progresses is whether the Courts will take into account more recent Supreme Court cases dealing with laptop and cell phone searches and if there is a positive duty on the part of a traveler to unlock or provide the password to a digital device.
However, in the wake of a recent Supreme Court decision, at least one top - secret national security program will not face constitutional scrutiny.
On top of the government's proposed reforms it is likely that case law, particularly in the area of discrimination, will continue to develop, as the lower courts take into account decisions such as the recent Supreme Court case in Bull v Hall [2013] UKSC 73, [2013] All ER (D) 307 (Nov) in which the court unanimously upheld the finding of indirect discrimination but split 3:2 in favour of finding direct discrimination.
It's not surprising this ended up in the appellate court, with the parties being ordered to brief the issue of what level of scrutiny is appropriate for gay jurors in light of the recent Supreme Court DOMA case.
Congratulations to Sheri Kiselbach, members of Sex Workers United Against Violence (SWUAV), and our friends at Pivot Legal Society for your recent Supreme Court Victory!
The recent Supreme Court ruling in Oceanbulk Shipping & Trading SA v TMT Asia Ltd and others [2010] UKSC 44, [2010] All ER (D) 250 (Oct) has widened the exceptions to the long established principle that «without prejudice» communications are not admissible in evidence.
Emma Humphreys addresses the recent Supreme Court decision in relation to parties who have deliberately breached contractual obligations.
Post by Randall Ryder Legal scholars are claiming that one sentence from a recent Supreme Court decision is «tea leaf» that can be interpreted as the Supreme Court's opinion of gay marriage rights.
A recent Supreme Court of Canada decision, R. v. Jordan, set a precedent around defendants who face excessive delays, ranging from 18 months in a provincial court to 30 months in federal court.
LEGAL BASIS There are several relatively recent Supreme Court of Canada decisions that outline the nature of the Provincial and municipal duties and responsibilities as road authorities.
Following the recent Supreme Court decision in Creston Moly Corp. v. Sattva and Teal Cedar Products Ltd. v. British Columbia, the Court of Appeal held that the standard of review of an arbitrator's decision is almost always «reasonableness» (this implies more deference to the arbitrator's decision than a standard of «correctness»).
* A recent Supreme Court decision puts in doubt the Lanham Act portion of the Monty Python holding.
Until the release of two recent Supreme Court of Canada decisions (made after CEAA 2012 was enacted), it also might have been thought that section 35 decisions concerning Aboriginal and treaty rights were connected to the content of the power over Indians and lands reserved for Indians contained in section 91 (24) and, thus, Federal in nature.
Following a recent Supreme Court of Canada decision that significantly altered and lessened Canada's patent utility requirement, Canada ought to adopt the US utility standard of requiring inventions to have a «specific, substantial and credible utility.»
Legal professionals and litigants - in - person alike will be interested in the recent Supreme Court...
Whether they follow recent Supreme Court decisions, weekly publications from city and state bar associations, the National Law Review, or otherwise, reading about legal current events is integral to their daily routine.
As part of «Celebrate Liberty» month (a joint project of the Federalist Society and the Washington Times), today's Times includes dueling op - eds by John Yoo and me on the separation of powers after and in light of the most recent Supreme Court Term.
To explain statutory interpretation, I am actually going to go to case law and a recent Supreme Court of Canada criminal law case from 2012 called R v. Dineley.
The recent Supreme Court decision in Barton v Wright Hassall however suggests that the Court is now taking a harsher approach even in the case of litigants in person.
[34] During the hearing of this motion, I referred counsel to the recent Supreme Court of Canada decision in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), 2014 SCC 7.
Two recent Supreme Court of Canada cases have explored this «material contribution» test, and the troubled relationship between legal and scientific proof.
This is just a quick note to say that I've added announcements of recent Supreme Court decisions to the roster of Twitter feeds at CanCourts (cancourts.ca).
Our eclectic mix is rounded out by a look at a recent Supreme Court immigration ruling, a nice blurb from Network Solutions, and yet another reason you shouldn't steal a laptop.
The recent Supreme Court decision in Yukon Francophone School Board, Education Area # 23 v. Yukon (Attorney General), 2015 SCC 25 (CanLII) did not directly address social media but provides some useful perspectives on community involvement of adjudicators.
This opinion drew a vigorous dissent from Judge Browning, who accused Judge Kleinfeld of misreading recent Supreme Court punitive damages cases.
After thorough review, we are constrained to conclude that even under the most recent Supreme Court precedent, affording substantial deference to the district court's sentencing determinations, the district court abused its discretion by imposing a probationary sentence on the defendant in this case.
Summary: In the wake of the recent Supreme Court decision on same - sex marriages, a suit has been filed against Wal - Mart based upon...
In the most recent Supreme Court term, the high court reviewed a record six Federal Circuit rulings.
The recent Supreme Court of Canada decision Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations) related to the spiritual significance of a proposed development site.
Following a recent Supreme Court decision, it will be extremely rare that the corporate veil is pierced (VTB Capital Plc v Nutritek International Corp [2013] UKSC 5).
In a recent Supreme Court of Canada («SCC») decision, Sable Offshore Energy Inc. v. Ameron International Corp. 1, the SCC provided clarification pertaining to what may be considered a customary demand from defendants» counsel during the course of settlement negotiations involving co-defendants who have reached settlement by way of Pierringer Agreements («settling defendants»).
And from the Duke Law School, we're fortunate to have Professor Erwin Chemerinsky on the show to talk about the far - reaching effects of the recent Supreme Court decision on a city's reach to take private property under eminent doman in Kelo v. New London.
A recent Supreme Court tax decision suggests that vacation bonuses, maternity leave payments, sick leave, and other employee benefits may be taxable.
While there is not a civil legal remedy for every unlawful or unfair act — especially in light of recent Supreme Court rulings that have curtailed the rights of plaintiffs against corporations — our investigations exhaust every angle to determine whether a legal challenge is appropriate.
Now, in this case the Court of Appeal had clear guidance with respect to the fifth factor in the form of a recent Supreme Court of Canada decision — ATCO Gas and Pipelines Ltd v Alberta (Utilities Commission), 2015 SCC 45 — in which the Court found the standard to be applied to decisions of the Commission (when applying its expertise to set rates and approve payment amounts) is reasonableness.
A recent Supreme Court of Canada case held that just because a parent cares for a child more than 40 % of the time does not necessarily mean that they have a reduced child support obligation.
Changes in the law can also impact beneficiary designations such as the recent Supreme Court's Windsor decision.
Bail decisions and the value of providing reasons By Rob Lamberti A recent Supreme Court of Canada (SCC) ruling calls on judges and justices of the peace to provide explanations about how they reached a decision in a bail hearing, says Oshawa criminal lawyer Lawrence Forstner.
But now that more recent Supreme Court rulings have stressed the constitutional importance of jury determinations in the sentencing enterprise, the constitutionality of acquitted conduct enhancements under the Fifth and Sixth Amendments is questionable.
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