Sentences with phrase «strict appellate review»

The question is whether they think the Guidelines are being treated as advisory in name only but mandatory in fact due to strict appellate review, which the Booker merits majority intimated would present a Sixth Amendment problem.

Not exact matches

two decisions handed down by the European Court of Human Rights on the basis of Article 6 § 1of the European Convention on Human Rights in relation to the application of the aforementioned Article of the [French] Code of Civil Procedure must lead the Case Management Judge to perform a strict review of the relationship of proportionality between the purpose of the text and the potential deprivation of the right to access to the appellate judge that may result from such text;

First, on the strict matter of appellate jurisdiction, the Court of Appeals said yes, it had such jurisdiction and in terms of the standard of review, «A district court decides a motion to compel arbitration under the same standard it applies to a motion for summary judgment» and that «the party opposing arbitration is given the benefit of all reasonable doubts and inferences that may arise.»