Sentences with phrase «reviewed by any court of law»

Section 8 states: «Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.»

Not exact matches

By contrast, Delaware Chancery Court Judge Leo Strine, now chief justice of the state Supreme Court, wrote in the Wake Forest Law Review: «Corporate law requires directors, as a matter of their duty of loyalty, to pursue a good faith strategy to maximize profits for the stockholders.&raqLaw Review: «Corporate law requires directors, as a matter of their duty of loyalty, to pursue a good faith strategy to maximize profits for the stockholders.&raqlaw requires directors, as a matter of their duty of loyalty, to pursue a good faith strategy to maximize profits for the stockholders.»

According to the standard account of the matter, the power of judicial review — that is, the authority of the federal judiciary to invalidate acts of Congress and the President when they are deemed to be unconstitutional — came to be entrenched in our law by the acceptance, tacit or otherwise, of the Supreme Court's ruling in the 1803 case of Marbury v. Madison.

The Australian Financial Review can reveal that, following a court hearing last Friday, the class action law firm will release to the ASX an annual notice of meeting and explanatory material, including an independent experts report by KPMG that finds the recapitalisation to be «fair and reasonable».

As regards to the EU professional footballers and the none EU / UK ones who will caught up by Brexit as they are still plying their trades in the UK when the Brexit comes to effect, for the EU footballers and EU managers, to me, of course they should automatically have their former status of freedom or rights to play / work freely in the UK as if they are UK citizens forfeited and should be henceforth be treated as foreigners subjected to comply with the new UK laws so reviewed by the London Supreme court and passed into Law by an act Parliament.

And should henceforth be treated as foreigners who are subject to comply with new none UK Laws as being reviewed by the London Supreme court and passed into Law by an act of Parliament.

The report followed a review of a five - year sample of court records in Suffolk and five other counties by State Comptroller Thomas P. DiNapoli's office to check if they were enforcing Leandra's Law.

The licensee is entitled to an expedited administrative law hearing before an administrative law judge, the release said, and an order of summary suspension remains in effect until it is modified by the liquor authority or a reviewing court.

It would also require courts to hold a bail review hearing within 14 days of arraignment, instead of 30 as allowed by current law.

Federal courts have played a key role in the development of special education policy by interpreting what Congress wrote in IDEA three decades ago, and the Supreme Court is reviewing what the law means by a «free appropriate public education» as it considers Endrew F. v. Douglas County School District, which deals with the standard of services districts are required to provide (see «Examining the Standards for Special Education» legal beat, Summer 2017).

The ACLU of Southern California, Public Counsel and the law firm Morrison & Foerster represented the schoolchildren in the case and plan to seek review by the California Supreme Court, said David Sapp, a staff attorney for the ACLU of Southern California.

By granting review of its third case in two years involving the Individuals with Disabilities Education Act, the U.S. Supreme Court has signaled a renewed interest in resolving legal conflicts arising under the federal law that governs services provided to nearly 6.7 million schoolchildren in special education.

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

According to Wired Science, «the House Oversight and Government Reform Committee, chaired by California democrat Henry Waxman... has launched an investigation» into why Administrator Johnson apparently ignored the recommendations of his own advisors.It is well known that «automakers lobbied the White House for months before Johnson's decision, and met privately with Vice President Dick Cheney to discuss California's law,» but many are optimistic that the EPA's decision will be overturned, either by the courts or after an internal review.

[36] The court found that the University could properly protect «prepublication critical analysis, unpublished data, analysis, research, results, drafts, and commentary» as well as prepublication peer review work because the University was justified in concluding that, as is prohibited by Arizona law, «release of [the] information would have an important and harmful effect on the duties of a State agency or officer.»

Shell, BP, Total UK and Centrica are just a few of the 15 oil and gas companies courted by the Department of Energy and Climate Change (DECC) to help implement the Wood Review recommendation to maximise the economic recovery of UK petroleum (MER UK)-- a policy which is now law under the Infrastructure Act.

Unfortunately, on February 21, 2014, Quebec's Minister of Justice filed a notice to appeal the judgement stating that it contains errors of fact and law that deserve to be reviewed by the Court of Appeal.

Delivering judgment along with Mr Justice Holgate, Lord Justice Singh said Part 4 was incompatible with fundamental rights in EU law because «access to retained data is not limited to the purpose of combating «serious crime»» and «access to retained data is not subject to prior review by a court or an independent administrative body».

On claims broader, following a review of Canadian case law, the court found the functional claim parameters were «readily understandable» by a skilled person and there was no indication that those parameters would not treat psoriasis.

When the Commission issues a decision against a given party, such party has at its disposal the complete system of judicial review provided by EU law, which includes the action for annulment at the General Court and the appeal to the CJEU.

Best Lawyers in America for Commercial Litigation and Litigation — Real Estate (2013 - present) Best Lawyers in America — 2016 Lawyer of the Year for Real Estate in Billings, MT Best Lawyers In America — 2017 Lawyer of the Year for Real Estate and Commercial Litigation Mountain States Super Lawyers (2014 - Present) AV Preeminent Rating by Martindale - Hubbell Order of Barristers Award Edward A. Cremer, III Environmental Law Award Member, Montana Law Review Member, National Moot Court Team Clyde Augustus Duniway Award for Outstanding Student Achievement (Colorado College)

Sole custody orders issued by an Arizona judge may be appealed to the Arizona Court of Appeals, which will review the case to determine if there were apparent errors in interpreting the law -LSB-...]

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

Lawyers need to also take advantage of new tools which development in technology have brought about to work more effectively — lawyers now have access to tools that help make contract drafting and review quicker using artificial intelligence; tools that speed up research time by using electronic law reports, and there are even tools in other jurisdictions which attempt to use data to predict outcomes of court cases using predictive analytics.

This method of instruction, embraced by nearly all U.S. law schools, encourages students to review appellate court decisions, analyze the judge's reasoning and findings and deduce general legal principles from specific cases.

The Supreme Court of Canada has been feverishly productive in the field of administrative law since the Fall of 2011, rendering decisions on standard of review (questions of law, jurisdictional error and labour arbitrators), the right to reasons, issue estoppel, attempts to pre-empt the administrative decision - making process, and review of municipal by - laws.

Contrary to the modern English position, it may be appropriate for reviewing courts to accord deference to interpretations of law rendered by administrators.

Perhaps motivated by the political sensitivity of the matter in certain Member States, once the Court has found jurisdiction to review the French measures, it applies a relatively light - touch review, refraining from a too - intrusive inspection of national electoral law.

The court thoroughly reviewed US and Canadian law on the topic and recited a number of factors that might support a finding that a «browsewrap» contract (i.e. one that did not depend on any active assent to its terms, but that operated by mere use of the web site) would be enforceable.

Delvigne is an important judgment from the point of view of constitutional law, the political nature of Union citizenship and the role played by the Court of Justice in reviewing increasingly large areas of national law.

The time seems therefore ripe for a book like the one under review here, which is a volume of collected articles, edited by Maurice Adams, Henri de Waele, Johan Meeusen, and Gert Straetmans, fittingly entitled Judging Europe's Judges: The Legitimacy of the Case Law of the European Court of Justice (Hart Publishing 2013) examining the legitimacy of the Luxembourg Court in areas as diverse as the internal market, citizenship, or the EU's external relations.

29 That said, where a court of a Member State is called upon to review whether fundamental rights are complied with by a national provision or measure which, in a situation where action of the Member States is not entirely determined by European Union law, implements the latter for the purposes of Article 51 (1) of the Charter, national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of European Union law are not thereby compromised (see, in relation to the latter aspect, Case C - 399 / 11 Melloni [2013] ECR I - 0000, paragraphcourt of a Member State is called upon to review whether fundamental rights are complied with by a national provision or measure which, in a situation where action of the Member States is not entirely determined by European Union law, implements the latter for the purposes of Article 51 (1) of the Charter, national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of European Union law are not thereby compromised (see, in relation to the latter aspect, Case C - 399 / 11 Melloni [2013] ECR I - 0000, paragraphCourt, and the primacy, unity and effectiveness of European Union law are not thereby compromised (see, in relation to the latter aspect, Case C - 399 / 11 Melloni [2013] ECR I - 0000, paragraph 60).

Chapter 8 examines whether the fact that the EU is subject to review by the European Court of Human Rights is compatible with the concept of autonomy of EU law.

Also, keep in mind that this is only the primary materials and doesn't include treatises and textbooks and digests and law review articles interpreting the law which you need in practice to utilize this corpus of primary legal materials, and which can be referenced by courts in cases.

That's the money question considered by Rachel Lee in this fascinating Stanford Law Review article, Ex Parte Blogging: the Legal Ethics of Supreme Court Advocacy in an Internet Era.

Two questions arose: (i) whether s 204 contained an express requirement under which the county court was required by an enactment to make a decision applying the principles that were applied by the court on an application for judicial review, thus placing s 204 appeals within the public law category; and (ii) if not, whether there were any other reasons requiring the application of judicial review principles with the result that s 204 appeals fell within the post-LASPO 2012 civil legal aid regime.

Further, the draftsman clearly drew a very important difference between «an appeal... on any point of law» in s 204 (1) and «the principles that are applied by the court on an application for judicial review» in s 204A (4) by using those different terms for different classes of cases in HA 1996.

In the Court of Appeal, Lord Justice Mance (as he then was) gave the lead judgment in which a detailed review of case law concerning judgments rendered in private and shrouded by a requirement of non-publication were considered.

The court reviewed the limited previous case law concerning incorporation by reference of contract terms, specifically cases which had confirmed that reference to the International Chamber of Commerce arbitration rules in a contract — vis - a-vis dispute resolution mechanism — was sufficient to incorporate the exclusion agreement therein (see Marine Contractors Inc v Shell Petroleum Development Co of Nigeria [1984] 2 Lloyd's Rep 77, [1984] LS Gaz R 1044).

Sole custody orders issued by an Arizona judge may be appealed to the Arizona Court of Appeals, which will review the case to determine if there were apparent errors in interpreting the law in regards to the situation at hand or a trial judge's abuse of his or her discretion.

Questions of law will be reviewed by an appellate court on a standard of whether the decision, taken as a whole, was demonstrably unreasonable.

My comments start from three propositions which are rooted in constitutional theory: (1) absent constitutional objection, legislation binds; (2) administrative decision - makers enabled by statute can only go so far as their home statute allows (3) it is a court's job, on any standard of review, to enforce those boundaries; in American terminology, to «say what the law is» (Marbury v Madison; Edmonton East, at para 21).

(Types of cases to be reviewed by appeal are provided by law or the Rules of the Supreme Court, so appeal is not always permitted in every case.)

Part II relies on case law and recent statements by a variety of stakeholders to examine the state of substantive reasonableness review in the circuit courts.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

In addition to his experience acting for and before administrative tribunals, Michael is a past law clerk to a Judge of the Federal Court of Appeal, and is the co-author of the legal reference text Standards of Review of Federal Administrative Tribunals, published by Butterworths.

The motions judge, Justice Paul Perell of Ontario's Superior Court of Justice, reviewed the existing conflicts of law analysis as set out by the Supreme Court of Canada in its 2012 decision, Club Resorts Ltd. v. Van Breda.

The annual Haynes and Boone Securities Litigation Year in Review comments on significant securities - related decisions by the Supreme Court, federal appellate courts and district courts, notes key developments in SEC enforcement, and summarizes significant rulings in state law fiduciary litigation against directors and officers of public companies.

My understanding of Achmea is that the Court considers it contrary to EU law for a MS to enter into an agreement which may cause it to be bound by decisions of a tribunal if (i) the tribunal may take decisions affecting EU law in that state — which is almost inevitable for any trade or investment tribunal, and (ii) it can not refer questions to the Court, and (iii) there is no possibility to substantively review the decisions in the MS courts.

This fascinating site looks at the history of the Supreme Court through features such as Supreme Court Decisions and Women's Rights, which explores how the court has reviewed laws that discriminate by sex, and FDR & the Court - Packing Controversy, a Flash documentary about FDR's 1937 attempt to enlarge the cCourt through features such as Supreme Court Decisions and Women's Rights, which explores how the court has reviewed laws that discriminate by sex, and FDR & the Court - Packing Controversy, a Flash documentary about FDR's 1937 attempt to enlarge the cCourt Decisions and Women's Rights, which explores how the court has reviewed laws that discriminate by sex, and FDR & the Court - Packing Controversy, a Flash documentary about FDR's 1937 attempt to enlarge the ccourt has reviewed laws that discriminate by sex, and FDR & the Court - Packing Controversy, a Flash documentary about FDR's 1937 attempt to enlarge the cCourt - Packing Controversy, a Flash documentary about FDR's 1937 attempt to enlarge the courtcourt.