Sentences with phrase «state using clause»

It is not clear what would «prevent the secretary of state using clause 1 (3) to enhance data retention powers», peers said.

Not exact matches

Under the proposal, companies could still use arbitration clauses, but would have to state explicitly that consumers can sign onto class actions.

His decision to invoke a rarely used national security clause to justify the new tariffs will further undermine the multilateral economic system — already challenged by protectionism, state capitalism and by Chinese initiatives such as the Belt and Road Initiative.

That's why there hasn't been a single case of a Canadian company using the National Treatment clause on an IPR issue with the United States since NAFTA.

Separation between church and state is a phrase often used to summarize, perhaps to sloganize, the relationship between religion and government envisioned by the founders and decreed by them in the religion clause of the First Amendment.

There has always been some tension between the Establishment Clause and the Free Exercise protections of the First Amendment, but the Supreme Court, when considering a similar challenge to the Religious Land Use and Institutionalized Persons Act in 2005 — wherein the Sixth Circuit Court of Appeals had ruled that granting protections to religious prisoners amounted to a violation of the Establishment Clause — ruled that alleviating a state - imposed substantial burden on religious practice did not violate the Establishment Clause.

«Black used his opinion in Everson to secure the phrase «separation of church and state» in Establishment Clause jurisprudence and this prejudiced phrase has remained there ever since.»

Many employers in these states, as well as in others where this sort of open sale and use is still against the law, simply decided to turn a blind eye to marijuana testing, opting instead for clear clauses in contracts that stipulate that employees may not show up for work under the influence.

If a convertible car seat says you must use it rear - facing until baby weighs at least 22 pounds, then a state law with a proper use clause is essentially making that weight a legal requirement for that child in that car seat.

The Iraq Resolution known as «AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002» cites national policy, a war on «terrorism», and United Nations Security Council Resolutions to justify authorization of military force against Iraq, but I am not aware of any document by which the United States has been legally bound by a declaration of war against Iraq as per the federal Constitution (Article 1, Section 8, Clause 11).

Most worryingly the Bill contains a number of so - called «Henry VIII clauses» where power is given to ministers to use secondary legislation to amend existing primary legislation.2 Alan McLintock commented: «The Bill gives the Secretary of State and the Treasury unprecedented power to create tax legislation with very limited opportunity for scrutiny.

4.2.9 Practice Inter Library Loan (ILL) of articles or components of the Licensed Materials for noncommercial use in compliance with Section 108 of the United States Copyright Law (17 USC 108, «limitations on exclusive rights: Reproduction by libraries and archives») and clause 3 for the Guidelines for Proviso of Subsection 108 (g)(2) prepared by the National Commission on New Technological Uses of Copyrighted works.

«Use it or lose it» clauses, as they are known, are common in state laws throughout the Colorado River basin and give the farmers, ranchers and governments holding water rights a powerful incentive to use more water than they neUse it or lose it» clauses, as they are known, are common in state laws throughout the Colorado River basin and give the farmers, ranchers and governments holding water rights a powerful incentive to use more water than they neuse more water than they need.

If the content you're interested in doesn't come with a Creative Commons tag, it helps to know that the fair use clause in the Copyright Law of the United States allows the use of works without permission for teaching.

In two separate lawsuits, opponents of educational choice alleged that Nevada's ESA violated the state constitution's mandate that the state provide a «uniform system of common schools» (Article 11, Section 2), its prohibition against using public funds for sectarian purposes (Article 11, Section 6), and a clause requiring the state to appropriate funds to operate the district schools before any other appropriation is enacted for the biennium (Article 11, Section 10).

Allow me to elaborate: Typically, to protect both the state and the testing company, an assessment contract that includes the use of an assessment created for the intent and purpose of college admission, not state accountability, would include a clause requiring that the test items be reviewed and approved for use by a content committee from the client state.

In 2007 in Parents Involved in Community Schools v. Seattle School District No. 1, the United States Supreme Court invalidated race - conscious plans in Seattle, Washington, and Louisville, Kentucky, finding that explicitly pursuing racial balance in K - 12 schools by using race as a criterion for admission and placement was impermissible under the Constitution's equal protection clause.

(e) The board shall establish the information needed in an application for the approval of a charter school; provided that the application shall include, but not be limited to, a description of: (i) the mission, purpose, innovation and specialized focus of the proposed charter school; (ii) the innovative methods to be used in the charter school and how they differ from the district or districts from which the charter school is expected to enroll students; (iii) the organization of the school by ages of students or grades to be taught, an estimate of the total enrollment of the school and the district or districts from which the school will enroll students; (iv) the method for admission to the charter school; (v) the educational program, instructional methodology and services to be offered to students, including research on how the proposed program may improve the academic performance of the subgroups listed in the recruitment and retention plan; (vi) the school's capacity to address the particular needs of limited English - proficient students, if applicable, to learn English and learn content matter, including the employment of staff that meets the criteria established by the department; (vii) how the school shall involve parents as partners in the education of their children; (viii) the school governance and bylaws; (ix) a proposed arrangement or contract with an organization that shall manage or operate the school, including any proposed or agreed upon payments to such organization; (x) the financial plan for the operation of the school; (xi) the provision of school facilities and pupil transportation; (xii) the number and qualifications of teachers and administrators to be employed; (xiii) procedures for evaluation and professional development for teachers and administrators; (xiv) a statement of equal educational opportunity which shall state that charter schools shall be open to all students, on a space available basis, and shall not discriminate on the basis of race, color, national origin, creed, sex, gender identity, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, proficiency in the English language or academic achievement; (xv) a student recruitment and retention plan, including deliberate, specific strategies the school will use to ensure the provision of equal educational opportunity as stated in clause (xiv) and to attract, enroll and retain a student population that, when compared to students in similar grades in schools from which the charter school is expected to enroll students, contains a comparable academic and demographic profile; and (xvi) plans for disseminating successes and innovations of the charter school to other non-charter public schools.

Unfortunately, carryover effects of prior funding decisions still require the use of hold harmless clauses to ensure that many school districts (including a mixture of wealthy and average wealth districts) continue to receive a least as much state and local revenue as was provided in prior sessions, even when those amounts were inequitable.

Not surprisingly, upon passage of the bill the National Education Association and its state affiliate, the Indiana State Teachers Association, sued to stop it with claims that «letting families use the vouchers at religious schools violated the state constitution's religion clauses.&rstate affiliate, the Indiana State Teachers Association, sued to stop it with claims that «letting families use the vouchers at religious schools violated the state constitution's religion clauses.&rState Teachers Association, sued to stop it with claims that «letting families use the vouchers at religious schools violated the state constitution's religion clauses.&rstate constitution's religion clauses.»

(c) Pursuant to Executive Order 13043, Increasing Seat Belt Use in the United States, the contracting officer shall insert the clause at (TAR) 48 CFR 1252.223 - 73, Seat Belt Use Policies and Programs in all solicitations and contracts, exceeding the simplified acquisition threshold.

Someone else in this thread commented that the royalty clause in the contract states the document that is used to determine royalty — but, this must also be considered: They can change a document you don't sign at any time they like.

In fact, if the impact is so negative, I could see those issuers coming after Hilton since there are likely clauses in the contracts that state that Hilton can't materially change the program (since the credit card companies are buying millions of dollars worth of points that their cardholders can use at a later time and date).

It's one of four attempts in recent years to use the U.S. Constitution's commerce clause to roll back state clean energy laws.

MoFo recommends California companies reconsider using a standard arbitration clause in their contracts with consumers, due to a recent state supreme court decision.

These clauses are commonly used by EU Member States (especially within the Council of Europe) in order to prevent EU Member States from singing international agreements among themselves that might conflict with EU law.

While the «failure - to - vote» clause of the federal law bars programs that result in removal of a voter for nonvoting, other language in the law — referred to as the «confirmation procedure» — affirmatively requires states to use nonvoting in removal, according to the state's brief.

In our view, the Constitution's Due Process Clause forbids a State to use a punitive damages award to punish a defendant for injury that it inflicts upon nonparties or those whom they directly represent, i.e., injury that it inflicts upon those who are, essentially, strangers to the litigation.

The Free Exercise Clause permits the State to prohibit sacramental peyote use, and thus to deny unemployment benefits to persons discharged for such use

At least so far, restrictions on drug use have not been overruled as conflicting the the Free Exercise clause, although if e.g. Washington state were to prohibit Mormons from purchasing marijuana (where others can), that would surely be struck down as unconstitutional.

In particular, González will provide the views of a counsel on the use of this clause in investor - State arbitration.

It came after officials in 16 states plus the District of Columbia urged the federal government to end funding for nursing homes that use the clauses, citing the practice as a means for nursing homes to hide patterns of wrongdoing and nursing home abuse of residents.

As such, the act serves the spirit of the United States Constitution, insofar as it is used «to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries (Article I, Section 8, Clause 8).»

This law states that «warehousers» can't rely on clauses that limit their obligation to use due care and diligence with regard to «all property other than things in action, money and land.»

In answer to the question «does price parity mean price increase», perhaps the last word should go to the president of the Federal Cartel Office who, in relation to the HRS case, stated: «Only at first view do most favoured customer clauses used by online booking portals seem to benefit customers.

The fair use clause of Title 17 of the United States Code is one of the most widely misunderstood provisions of U.S. copyright law.

Cs made their claim and in doing so, relied upon the commentary in Volume 38 (2) of the Encyclopaedia of Forms & Precedents that states the inclusion of a «call - in» clause should at least be considered in any case other than: «the very simplest cases such as an application for change of use or for the carrying out of relatively minor building operations where... it is unlikely that the grant of planning permission would be challenged by third parties by way of judicial review....»

If the State's right argument is raised in the future due to violation of Federal Controlled Substances Act over the marijuana use, I am not sure if Inter-Commerce clause will be applicable.

«In Figueroa v. United States (June 28, 2005), the Court of Federal Claims concluded that Congress» practice of using money generated from patent application fees paid to the United States Patent and Trademark Office (USPTO) for purposes other than supporting USPTO operations did not violate the Intellectual Property Clause of the Constitution.»

YLAL co-chairs Ollie and Rachel used their column in Legal Action magazine to talk about our plans to update our research on the state of access to the profession and YLAL committee member Gemma Blythe wrote for Solicitors Journal about the Legal Aid Agency's agreement to clarify the remit of the»em barrassment clause».

[Footnote 10] While the Free Exercise Clause clearly prohibits the use of state action to deny the rights of free exercise to anyone, it has never meant that a majority could use the machinery of the State to practice its belstate action to deny the rights of free exercise to anyone, it has never meant that a majority could use the machinery of the State to practice its belState to practice its beliefs.

The use of the constitutional identity clause, then, should be revisited, in primis among those scholars who have overweighed the respect of the national identity as a «problem - solver», i.e. a means to reconcile the differences between Member States and the Union as far as a different degree of protection of fundamental rights is concerned.

Even the Swain dissenters did not take issue with the majority's position that the Equal Protection Clause does not prohibit the State from using its peremptory challenges to exclude blacks based on the assumption or belief that they would be partial to a black defendant.

The deal autopsy should include a road map of each significant clause in the contract, or issue that was addressed by the parties during negotiations, stating the starting positions of each party, their respective interests, the compromises that they made and why, the business reasons used to support their positions and their concessions, and a business description of the agreed outcomes, and a business description of what the contract is trying to state, and why.

* It is still illegal for anyone to wear armour to Parliament, (Royal Prerogative 1279) * Hanging washing in the street, beating a carpet and flying a kite are set out in the Town Police Clauses Act, 1847, (chapter 89, section 28) as punishable by a # 1,000 fine * The Licensing Act of 1872 states that it is illegal to be drunk in charge of a cow, horse or steam engine * You can't fire a cannon close to a dwelling house (Metropolitan Police Act 1839) * You can't bet or gamble in the library reading room (Library Offences Act 1898) * You can't use any slide upon ice or snow (Town Police Clauses Act 1847) * You can't drive cattle through the streets of London (Metropolitan Streets Act 1867)

They also added a «Principles» clause to the Ontario Drug Benefit Act, [5] which stated that the public drug system «aims to operate transparently to the extent possible for all persons with an interest in the system, including... consumers, manufacturers, wholesalers and pharmacies» and «aims to consistently achieve value - for - money and ensure the best use of resources at every level of the system».

The offending passage occurred in the judge's dissent in Jones v. United States 526 U.S. 227 (1999) where Kennedy is interpreting a piece of federal criminal legislation, and he finds that «there is some significance in the use of the active voice in the main paragraph and the passive voice in clauses (2) and (3) of § 2119.»

Employment v. Smith 494 US 872 applies this to criminal acts, holding that «The Free Exercise Clause permits the State to prohibit sacramental peyote use» and «the [Free Exercise] Clause does not relieve an individual of the obligation to comply with a law that incidentally forbids (or requires) the performance of an act that his religious belief requires (or forbids) if the law is not specifically directed to religious practice and is otherwise constitutional as applied to those who engage in the specified act for nonreligious reasons».

The incontestability clause is used to protect the policyholder from the insurance provider because it states that the benefits can not be contested due to false information or misrepresentation.

In stating action words for resume 2018, you can use verbs and your keywords for resume skills can also include adjectives and adverbs in a phrase or a clause.