Sentences with phrase «rights applies in the case»

That none of the grounds for denying individuals the enjoyment of their moral rights applies in the case of assisted suicide and voluntary euthanasia.

Not exact matches

«The court rejected (the plaintiff's) theory that the newspaper's publication violated her right to privacy because her post to MySpace was made virtually to everyone with an internet connection,» Zaller wrote in a blog post two years ago, asserting the case could apply to situations of employees posting on social media.

In the 2008 District of Columbia v. Heller case, the Supreme Court ruled 5 - 4 that the Second Amendment protects a person's right to own guns — at a federal level — and in 2010 the court said that protection applies at a local level as welIn the 2008 District of Columbia v. Heller case, the Supreme Court ruled 5 - 4 that the Second Amendment protects a person's right to own guns — at a federal level — and in 2010 the court said that protection applies at a local level as welin 2010 the court said that protection applies at a local level as well.

This decision probably shouldn't have been a surprise, because it basically said that the court's 2010 decision in the Citizens United case, upholding the right of corporations to spend money in federal elections, applies to the states as well.

In the case, which dragged on for more than a decade, the Trump Organization won sole rights to use the president's name on products in the country, which would help prevent a bevy of unrelated entrepreneurs from applying it to a wide range of products, from toilets to clothing to condoms to explosiveIn the case, which dragged on for more than a decade, the Trump Organization won sole rights to use the president's name on products in the country, which would help prevent a bevy of unrelated entrepreneurs from applying it to a wide range of products, from toilets to clothing to condoms to explosivein the country, which would help prevent a bevy of unrelated entrepreneurs from applying it to a wide range of products, from toilets to clothing to condoms to explosives.

As my PaidContent colleague Jeff John Roberts reported last month, Harris» attempt to have this court order struck down failed for a somewhat unusual reason: namely, the judge hearing the case decided that Harris did not have any legal interest in the tweets he sent, because such rights only apply to things a user actually owns — and users do not own their tweets for the purposes of the U.S. Constitution.

People with authority have a right, even in cases of disagreement, to expect compliance with their justifiable commands and to apply sanctions if it is not forthcoming.

When you give everything a subjective aim, and make this apply right down the scale, you are using language which is very difficult to make intelligible, except in the case of what Whitehead calls «high grade organisms.»

You can't claim this is a violation of your 1st amendment rights, because you are not acting in this case as an individual, but as an agent of the corporation, and the rules governing the corporation apply.

Exhibit A your honour in the ongoing case of why this team will never get it right as long as Wenger stays at this club... there is no way any rational soccer fan could have wrote this article unless they were killing time waiting in the line to apply for the Wenger fluffer job again!!!

After March 6, the BC Human Rights Commission (as it is now called) applied for intervenor status in the case.

The news comes as the British Humanist Association (BHA) has announced that it is applying to intervene in an appeal to Tony Nicklinson's right - to - die case,

In the worst case scenario, one group might deny the full humanity of another, and draw the grim inference that human rights do not apply.

The news comes as the British Humanist Association (BHA) has announced that it is applying to intervene in an appeal to Tony Nicklinson's right - to - die case, and a day after the BHA released the results of a new survey showing 81 % of adults support a change in the law.

Mr Alfred Agbesi Woyome applied to the court arguing that his human rights were being trampled upon by Ghana in relation to the case in which he sued Ghana for abrogating a financial engineering services contract and was paid Gh?

In any case, even if the libertarian - minded succeed in taking control of the debate on the Right, it still won't guarantee the long - term success of their ideology: the real world is dangerously messy, and we've seen a lot of evidence over the past few decades that perfect ideas don't always work as planned when they're applied to actual people (see: markets, freeIn any case, even if the libertarian - minded succeed in taking control of the debate on the Right, it still won't guarantee the long - term success of their ideology: the real world is dangerously messy, and we've seen a lot of evidence over the past few decades that perfect ideas don't always work as planned when they're applied to actual people (see: markets, freein taking control of the debate on the Right, it still won't guarantee the long - term success of their ideology: the real world is dangerously messy, and we've seen a lot of evidence over the past few decades that perfect ideas don't always work as planned when they're applied to actual people (see: markets, free).

Their first meeting, and interactions with Edie Windsor, the plaintiff in the landmark 2013 civil rights case in which the Supreme Court held that restricting U.S. federal interpretation of «marriage» and «spouse» can apply only to opposite - sex unions was unconstitutional.

While the notion was later discarded in case of the Earth, now it seems that the idea was right, but was applied to a wrong planet, National Geographic reported.

She also pioneered the use of DNA sequencing for human rights investigations, developing the approach of sequencing mitochondrial DNA preserved in human remains, then applying this method to the identification of kidnapped children in Argentina and subsequently to cases of human rights violations on six continents.

He said: «There are very generous bursaries in some areas and we should look at making them available to all trainee teachers, not just for those with first - class degrees in particular subjects... It is right to incentivise recruitment in particular subjects but there is a case for across - the - board bursaries, because we want good people applying in all subjects.»

«It is right to incentivise recruitment in particular subjects but there is a case for across - the - board bursaries, because we want good people applying in all subjects.»

The paddles require just the right amount of weight applied to them to shift up or down, not so much that an upshift requires the same thought and physical process as a conventional manual shift (if it was the case we'd be demanding a return to an open manual gate), not so light that an errant index finger brushing the left - hand paddle could result in two ratios dropped mid-corner.

(This risk still applies with most traditional loans, since the borrower usually always has the right to pay early, but some loans include a «prepayment penalty» in such cases to help compensate the lender.)

I suppose it's true that some sort of change is in order, since you have failed to convince the financial blog community, but as is often the case with you, I'm not at all convinced that you are applying sound reasoning in assuming that the frothy mix of politics is the right place to take your war on passive index investing; which is about the most benign thing a person could do, and one that I am not sure can be outlawed without significant impact on our basic personal freedoms!

In that case, the policy says right in the definitions section that you're both covered, because coverage applies to the named insured and resident relativeIn that case, the policy says right in the definitions section that you're both covered, because coverage applies to the named insured and resident relativein the definitions section that you're both covered, because coverage applies to the named insured and resident relatives.

A liability claim may fall outside the scope of the policy, in which case the insurer would likely send a reservation of rights letter telling you that any defense they provide does not guarantee that coverage will apply.

The lead attorney representing the plaintiffs argued that this rule does not apply in this case because «the exception to this policy is where the officer personally committed a tort: a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.»

The right of rescission does not apply in all cases where your home is used as collateral for the loan.

However, rules adopted by the Federal Reserve Board and the FTC give consumers the right, in some cases, to receive credit scores when applying for credit or a notice that credit has been approved but that the consumer did not receive the most favorable credit terms because of the credit score.

While it's possible to maximize value further and take advantage of the 10 % Redemption Bonus right away by booking flights and splitting hotel nights into separate bookings over the course of a few days, we'd keep things simple in this case by recommending Tiffany's husband apply his bonus toward the taxes and fees on the Alaska award bookings, wiping out these costs entirely, and having Tiffany apply her bonus toward the total hotel booking at Hotels.com.

In this case I'm inclined to make an exception and say that if you are able to take advantage of these bonus categories, you should strongly consider applying for this card right now.

The right to apply for participation in the Biennale is limited to the aut hors of projects (artists and curators in the case of a curatorial project).

Researchers say the tech could be built right in to a phone's case without adding noticeable weight or thickness though for now they are working on embedding it into a skin that could be applied to a phone's exterior.

Therefore, in light of European case law, the SCC concludes that the absolute content of the right to a fair trial does not require that a person convicted in absentia has the chance of applying for retrial if the right has been voluntarily and unequivocally waived and the person was duly summoned and defended at trial by counsel.

In its judgment of 26 February 2013, the CJEU responded to the first two questions in the affirmative, and clarified that Article 53 of the Charter only allows national authorities to apply higher standards of protection of fundamental rights where an EU legal act calls for national implementing measures, but not where, as in this case, the EU legal act harmonises the law between the Member StateIn its judgment of 26 February 2013, the CJEU responded to the first two questions in the affirmative, and clarified that Article 53 of the Charter only allows national authorities to apply higher standards of protection of fundamental rights where an EU legal act calls for national implementing measures, but not where, as in this case, the EU legal act harmonises the law between the Member Statein the affirmative, and clarified that Article 53 of the Charter only allows national authorities to apply higher standards of protection of fundamental rights where an EU legal act calls for national implementing measures, but not where, as in this case, the EU legal act harmonises the law between the Member Statein this case, the EU legal act harmonises the law between the Member States.

Hence, without a whisper of a doubt, several national legislators eagerly await the outcome of these joined cases, in the hope to get more guidance as to how to apply Digital Rights Ireland concretely to their national legislation.

These rules do not only apply to domestic situations but they also guarantee the rights which the individuals acquire under the EU law, provided that in the latter case they are not less favourable than those governing the domestic situations and they do not make it impossible to exercise the rights acquired under EU law.

The military interpreters and their families may have a contract with the U.S. government as part of their employment that gives them a right to a visa, in which case the EO would be a law impairing contracts in violation of the U.S. Constitution, as applied to them.

Miranda applies just to 5th and 6th Amendment rights, in case a person is being held coercively.

For example in STC 232/2015, the SCC found that a court had breached the fundamental right to a fair trial of an interim public employee by ostensibly refusing to apply clear and consistent CJEU case law regarding the prohibition of discrimination between interim and career public employees.

It stated that various Dutch administrative authorities (in charge of determining whether a TCN has a right of residence) were applying a very restrictive interpretation of the Ruiz Zambrano case law to cases such as the present one.

In its case law, the Court has held that fundamental rights recognized as general principles of EU law apply not only to the acts of the EU institutions but also to the acts of Member States in certain circumstanceIn its case law, the Court has held that fundamental rights recognized as general principles of EU law apply not only to the acts of the EU institutions but also to the acts of Member States in certain circumstancein certain circumstances.

I am no fan of Doré and, notwithstanding my oft - expressed belief that, in light of the current state of the jurisprudence, the most logical next step for Canadian administrative law would be to embrace across - the - board reasonableness review, I would much prefer to see a robust proportionality test applied in cases involving infringements of fundamental rights (see further A Theory of Deference in Administrative Law, chapter 5).

The Court's reference (Tsilhqot» in at para 136) to R v Marshall, [1999] 3 SCR 533 as support for the proposition that interjurisdictional immunity does not apply where provincial legislation conflicts with treaty rights is also puzzling, as the applicability of provincial law was not at issue in that case — Marshall involved a prosecution under federal legislation, the Fisheries Act.

Even though the AG agrees that the scrutiny of an international agreement such as the EU - Canada PNR Agreement should not be looser than that of an ordinary adequacy decision or that of an EU Directive, and considers that both Schrems and Digital Rights Ireland should apply in this case, he doesn't apply in all instances the rigorous scrutiny the Court uses in those two landmark judgments.

Although its analysis, like that in Gideon and other earlier cases, suggested that the Sixth Amendment right to counsel should apply to all state criminal prosecutions, Argersinger held only that an indigent defendant is entitled to appointed counsel, even in petty offenses punishable by six months of incarceration or less, if he is likely to be sentenced to incarceration for any time if convicted.

The Alabama Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies in cases where a custody decision is made or which impact access to a child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are decided.

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, paragraph 60).

Second, in most civil rights litigation, the Laffey Matrix presumptively applies to determine fees in civil rights cases.

This comprehensive analysis discusses the challenges when applying such a principle in the EU context and concludes that the CJEU has positively contributed to transforming ne bis in idem from a traditional principle of procedure to a fundamental right with the result of influencing the case law of the European Court of Human Rights.