Sentences with phrase «standard of review for»

Prior to the enactment of the Fair Housing Act Amendments of 1988 adding handicapped to the protected classes, the Supreme Court addressed the applicable standard of review for alleged Equal Protection clause violations against mentally retarded people in the case City of Cleburne v. Cleburne Living Center.

In Berthod REALTORS ®, Inc. v. J.W. Riker - Northern Rhode Island, Inc., the Supreme Court of Rhode Island addressed its standard of review for arbitration hearings and trial court decisions thereon.

The court addressed the standard of review for: (1) arbitration proceedings, and (2) appeals from judicial decisions thereon.

The first step in the Dunsmuir analysis is to determine whether the courts have already established an appropriate standard of review for the particular tribunal whose decision was being reviewed.

«In assessing the standard of review for a labour board they're dealing with a complex statutory scheme and they're dealing with it all the time.

The Court of Appeal held that the chambers judge conflated the standard of review for striking a claim on a pleadings motion (plain and obvious) with the test for determining whether a duty of care exists (the Cooper analysis).

The standard of review for findings of mixed law and fact is highly deferential, requiring a palpable and overriding error before an appellate court will intervene.

As the Superior Court decisions were decisions on motions involving questions of law, the applicable standard of review for the appeals was correctness.

But when the standard of review for First Amendment claims varies between courts and administrative agencies, constitutional protections become vulnerable to inconsistencies.

On August 4, 2016, the Ontario Court of Appeal released its decision in Intact v. Allstate [1] and changed the correctness standard of review for appeals from private arbitrations to one...

The Supreme Court of Canada declined to interfere with the application judge's findings of fact, noting that «The standard of review for findings of fact — whether adjudicative, social, or legislative — remains palpable and overriding error.»

RFRA was passed with the goal of setting the standard of review for all other legislation that burdens a person's exercise of religion.

As of 2011, one jurisdiction has set the standard of review for questions of fact at palpable and overriding error:

The default and lowest standard of review for constitutional questions in the US is «rational basis review».

Dunsmuir also confirmed that precedent is established on the applicable standard of review for a particular decision - maker in relation to a particular type of decision or question (Dunsmuir at para 62).

In the judgment in Kadi II of 30 September 2010, the General Court extended the above - discussed PMOI standard of review for autonomous EU sanctions cases to UN sanctions cases.

Although the Fourth Circuit Court of Appeals has not decided the standard of review for § 523 (a)(8) hardship discharges, the district courts within the Fourth Circuit have unanimously reviewed such cases under the de novo standard.

The standard of review for questions of procedure is (at para 70) «correctness with some deference to the Board's choice of procedure».

Chapters containing advice on research, citation, and standards of review for trial and appellate courts are included.

Ralph's Auto Supply (BC) Ltd v. Ken Ransford Holding Ltd, 2011 BCSC 999, sets out the standards of review for a master's decision:

Not exact matches

In a statement, the lender said it has published its own set of core principles for lending, and said it was «continuing to review and consider the best way to advance comprehensive industry - standards that take into account the full range of responsible credit products that serve small businesses.»)

While unions tend to be hesitant about automation, they are eager for training programs that can help advance their members» skills, says Daniel Wagner, the director of education, standards, and training for the International Sanitary Supply Association (ISSA), which reviews and validates training programs.

The 11 billion pound merger triggered the right for Lloyds and Scottish Widows, which is part of the British bank, to review an agreement struck in 2014 for Aberdeen to manage pension assets on behalf of Lloyds» insurance and wealth units as Standard Life is a «material competitor» to both.

Reducing fuel efficiency goals for vehicles March 16 Trump ordered a review of federal fuel - efficiency standards for vehicles, which Obama finalized in January, well ahead of schedule.

Given all the mystery and conflicting claims surrounding Trump's reluctance to comply with what's standard practice for presidential candidates, it's instructive to review the main features of the Trump tax controversy.

After careful review and consideration of the comments, the Department is issuing this final rule that will (1) extend the applicability date of the Fiduciary Rule, the BIC Exemption, and the Principal Transactions Exemption for 60 days until June 9, 2017, and (2) require that fiduciaries relying on these exemptions for covered transactions adhere only to the «best interest» standard and the other Impartial Conduct Standards of these PTEs during a transition period from June 9, 2017, through January 1, 2018.

Americans for Annuity Protection has engaged in active outreach to leaders of influence to establish the argument that the DOL's fiduciary rule should be returned because of the analysis performed by the department is flawed, inconclusive and arbitrary; it is not compatible with the Uniform Security Law or established insurance law, and the law has potential conflict with the Dodd - Frank requirements to the Securities and Exchange Commission (SEC) on reviewing a uniform fiduciary standard.

«We've always had a set of community standards that the public can see,» Facebook Vice President Monika Bickert told NPR's Steve Inskeep, «but now we're actually explaining how we define those terms for our review teams and how we enforce those policies.»

Audit Fees: comprise fees for professional services necessary to perform an audit or review in accordance with the standards of the Public Company Accounting Oversight Board, including services rendered for the audit of IBM's annual financial statements (including services incurred with rendering an opinion under Section 404 of the Sarbanes - Oxley Act of 2002) and review of quarterly financial statements.

Audit Fees, Supplemental comprise of fees for professional services necessary to perform an audit or review in accordance with the standards of the Public Company Accounting Oversight Board, including services rendered for the audit of the Company's annual financial statements (including services incurred with rendering an opinion under Section 404 of the Sarbanes - Oxley Act of 2002) and review of quarterly financial statements.

After an extensive review of the standard form documents in use in the early - stage investing market, we feel that these documents are the most mechanically sound and present the most balanced terms for both investors and entrepreneurs.

A while back I realized that the razor review section has been neglected somewhat and since then I have been picking up razors of all kinds — the Merkur Progress, the Black Standard, a bunch of discount razors from AliExpress that I am still waiting for, and the subject of today's review the RazoRock Super Knurl DE Safety Razor from the Italian Barber — all in order to build it up.

109 For most of the last century, enforcers reviewed vertical integration under the same standards as horizontal mergers, as set out in the Sherman Act, the Clayton Act, and the Federal Trade Commission Act.

Given the «significant changes to retirement saving since the passage of ERISA,» the Coalition said, «it is entirely appropriate for the DOL to reevaluate the 40 year - old - rule defining the fiduciary standard for those financial professionals providing investment advice to retirement savers,» adding that the Coalition urges OMB to complete its review of the rule «in a timely fashion.»

BlackBerry's ability to manage inventory and asset risk; BlackBerry's reliance on suppliers of functional components for its products and risks relating to its supply chain; BlackBerry's ability to obtain rights to use software or components supplied by third parties; BlackBerry's ability to successfully maintain and enhance its brand; risks related to government regulations, including regulations relating to encryption technology; BlackBerry's ability to continue to adapt to recent board and management changes and headcount reductions; reliance on strategic alliances with third - party network infrastructure developers, software platform vendors and service platform vendors; BlackBerry's reliance on third - party manufacturers; potential defects and vulnerabilities in BlackBerry's products; risks related to litigation, including litigation claims arising from BlackBerry's practice of providing forward - looking guidance; potential charges relating to the impairment of intangible assets recorded on BlackBerry's balance sheet; risks as a result of actions of activist shareholders; government regulation of wireless spectrum and radio frequencies; risks related to economic and geopolitical conditions; risks associated with acquisitions; foreign exchange risks; and difficulties in forecasting BlackBerry's financial results given the rapid technological changes, evolving industry standards, intense competition and short product life cycles that characterize the wireless communications industry, and the company's previously disclosed review of strategic alternatives.

The Audit Committee reviewed and discussed with the independent registered public accounting firm the audited consolidated financial statements for the fiscal year ended May 31, 2014, the firm's judgments as to the acceptability and quality of FedEx's accounting principles and such other matters as are required to be discussed with the Audit Committee under the standards of the Public Company Accounting Oversight Board (United States)(the «PCAOB»), including those matters required to be discussed by Auditing Standard No. 16, Communications with Audit Committees.

The only other comment I'd have is that whilst he meets a much higher standard of scientific approach than the snake oil dressed as financial advice elsewhere, the core testing methods used are opaque and (as far as I can tell) not peer reviewed or made available for scrutiny.

Aldo has also spent two years as an independent risk consultant with a focus on internal controls and due diligence for fund of funds as well as reviewing transparency standards for fund of hedge funds.

The purpose of the study is to show the size and nature of the UK's advice sector two years after the Retail Distribution Review (RDR) was implemented and commission - based sales were banned.The RDR had several aims — to improve the investment management service to clients, to increase the standards of professionalism for advisers, and to clarify the way advisers are paid for their services.

In order to research for this review we used the account of the standard type.

Clearly the more deferential the standard of review the more difficult it will be for Burnaby to convince the FCA that it should grant leave.

This review aims also to serve as a tool for international institutional investors to better track the evolution of market accessibility in individual countries as well as for regulators to be informed of the areas perceived as not meeting international standards and for which some improvements may be welcomed.

Before continuing to review the discussion as it has been carried on within Protestant theological circles, we may perhaps be permitted a brief excursus into the realm of Roman Catholic biblical scholarship, for Strauss's book produced an immediate reaction from a Roman Catholic New Testament professor in which what has come to be, to the best of our knowledge, the standard Roman Catholic viewpoint, was developed.

Recommendations for actions include: specific targets to reduce single - use plastic packaging; scaling up the use of reusable packaging; reviewing food cosmetic standards and labelling; greater investment in waste prevention systems; and looking at how market - based instruments like extended producer responsibility (EPR) schemes can prompt behavioural change towards avoiding food and plastic waste.

She serves on the Organic Material Review Institute Board of Directors in the OTA's designated seat and as Technical Representative in North America for the Global Organic Textile Standard.

The Sustainable Agriculture Network (SAN) is revising the standards used for Rainforest Alliance certification, as part of a review process takes place every few years.

Despite vandalism in one of the five multilocation field trials in August this year, data are being readied for submission to government regulators who will review Golden Rice against international standards for biosafety, according to Antonio Alfonso, coordinator of the biotechnology program of the Philippine Department of Agriculture (DA) and leader of the Golden Rice project at the DA - Philippine Rice Research Institute (DA - PhilRice).

In line with this policy of continuous improvement, we are regularly reviewing our practices to ensure they meet the high standards of integrity that our clients expect of us and that we set for ourselves.

[Update: Post on the new standard and lack of shade canopy criteria here] The Sustainable Agriculture Network (SAN) is revising the standards used for Rainforest Alliance certification; this review process -LSB-...]

Improvements to current national standards for live export will form part of the terms of reference for a «short, sharp» federal government review into the industry.