Sentences with phrase «substantive decisions»

The self - determination requirement of mediator ethics appears to make the nature of the process in each case, as well as the substantive decisions, dependent upon the consent of the parties.

One of the substantive decisions this week involved an appeal from civil contempt findings.

The result for standard of review analysis is that the presumption of deference to substantive decisions made by statutory tribunals should be alive and well in Alberta, but it should be noted there is a growing resistance to the presumption not only at the Alberta Court of Appeal but also within the Supreme Court of Canada.

In this paper we... evaluate all substantive decisions rendered by any court in every patent case filed in 2008 and 2009 — decisions made between 2009 and 2013.

As to actual substantive decisions, the number in civil cases has remained exactly the same (87), those relating to criminal matters have reduced (33 as against 43) and the number of successful asylum cases has remained small though it has risen (from 26 to 54).

Within the next 20 years, provincial ombudsman offices came into being in Canada and began responding to complaints about instances where those good substantive decisions were not being made — but something else was happening too.

When it was first put in place, the Durban Platform did not include too many substantive decisions, for the objective was to allow the terms of international cooperation to be discussed and decided upon through negotiations from 2012 to 2015.

Every layer of educational bureaucracy should infuse students as well, positioning in them in powerful roles that effect not only individual students, but all students; not as recipients, but as active partners who design, implement, critically assess, and make substantive decisions about the education system as a whole.

However, the highest barrier to the engagement of teachers in education reform comes from conservatives who believe that teacher unions shouldn't be involved in substantive decisions about the direction of school reform.

And by stuffing so many substantive decisions into budget bills — which he and the legislative leaders will inevitably hash out as Albany's infamous three men in a room — Cuomo is enabling the Assembly and Senate's bad habit of never allowing rank - and - file members to act like real legislators.

They are also called to make substantive decisions about the common good, decisions that may leave a lasting mark on the community, for good or ill.

Of all «resolvable» requests received during Q3 of 2011 (i.e. requests where it was possible to make a substantive decision on whether to release the information being sought), 56 per cent were granted in full.

Second, a patient may challenge the substantive decision to include or exclude medical services from public insurance plans, by, for example, arguing that the decision - maker erred in giving weight to irrelevant considerations or misconstrued relevant evidence.

In addition to these administrative mechanisms, a patient may turn to the courts for judicial review of either the substantive decision (i.e. the decision to cover (or not) a particular medical service) or the process used to make that decision.

However, the PO did not ask them to reconsider the substantive decision in relation to the grant of IHER as the flaw in the decision - making had been rectified in the stage 2 decision under the Internal Dispute Resolution Procedure in place.

While a tribunal's substantive decision - making under its home statute may survive a judicial review merely by being reasonable, a tribunal must still be correct about questions of general law, and must still reach decisions on a foundation of procedural fairness; legislatures do not authorize tribunals to decide matters through unjust processes (Dunsmuir at 128 - 129).

Circuit Judge Jimmie V. Reyna criticized the practice as amounting to a substantive decision, stating that, «You are doing something that prevents in my opinion some litigants from... having their day in court.»

It thus prevents consideration of material so that, in the normal course, it plays no part in the substantive decision making in the judicial process.

[91] At the same time, increased procedural and substantive decision - making was assigned to justices of the peace.

It was a fairly uneventful week, the most substantive decision being a family law case on the issue of variation of spousal support arising out of a material change in circumstances.

Yesterday the STL Appeals Chamber issued its first substantive decision (h / t Bill Schabas» blog), penned by Professor Antonio Cassese, who was not only the presiding judge but also the judge rapporteur in the Chamber.

But in a statement, TREB says: «This is a substantive decision which unequivocally allows TREB to continue with its current Virtual Office Website (VOW) policy.

Not exact matches

Mitch Bainwol, president and chief executive of the Alliance of Automobile Manufacturers, said in a letter to Pruitt the decision was «the product of egregious procedural and substantive defects» and is «riddled with indefensible assumptions, inadequate analysis and a failure to engage with contrary evidence.»

With the FIA decision the Department made a substantive and irrevocable change to the proposed Rule without any impact analysis or due process for comment on that change.

Generally, if directors consider reasonable alternatives, and reach reasonable conclusions, their decisions will be insulated from substantive review or remedy by the corporation's other stakeholders.

Christians may also he attracted to an approach advanced by former Harvard professor John Hart Ely who argues that courts should not themselves choose substantive constitutional values, but should issue rulings that keep the processes of political debate and decision - making open to all.

In retrospect this terminological decision seems wise, for in all the discussion which Habits generated, which was sometimes quite vituperative, the issues remained substantive and not definitional.

In other words, a valid theory of justice requires an internal distinction between the formative principle or set of principles that should be explicitly articulated in a democratic constitution and the substantive principle or set of principles that ought to determine decisions taken in or through the full and free political discourse.

As for the substantive content of rationing decisions, I am most drawn to the British National Institute for Clinical Excellence (NICE)... One of the main (though not exclusive) economic tools it employs is that of Quality - Adjusted Life Years (QALYs), a way of relating the estimated extended life years a technology will bring in relationship to the quality of life it will bring.

When considered in light of the substantive moral basis of democratic governance, Roe v. Wade and similar decisions stand out as «undemocratic» in a far more radical sense than the one Justice Scalia has in mind.

If changes are a substantive deviation from the current systems, the Rainforest Alliance Leadership Team members are involved in the ultimate decision - making process, taking into consideration feedback from internal and external sources.

The NCAA when hamstrung by red tape has its share of issues, but given the decision - making in the past, the idea of the NCAA and schools riding a rocket docket toward substantive change seems fraught with peril as well.

What is clear is that to address political inequality — which is a precondition to achieving the broader goals raised by the Great Charter Convention — we must restore substantive democratic power over how our political and economic institutions are organised, thereby better enabling individuals to come together to make collective decisions that shape their lives, communities and workplaces.

«That this House notes the ruling of the European Court of Human Rights in Hirst v the United Kingdom in which it held that there had been no substantive debate by members of the legislature on the continued justification for maintaining a general restriction on the right of prisoners to vote; acknowledges the treaty obligations of the UK; is of the opinion that legislative decisions of this nature should be a matter for democratically - elected lawmakers; and supports the current situation in which no prisoner is able to vote except those imprisoned for contempt, default or on remand.»

While upholding the decision of the lower court, the appellate court declared that there was nothing wrong with the lower court hearing both the substantive and the preliminary objection simultaneously.

He argued that since the provision of section 2 (3) of the EFCC Act was activated by forwarding the nomination of Magu to the Senate, he could not defy the decision of the Senate, which rejected him for the substantive appointment.

Elizabeth Afoley Quaye, also defended her decision to appoint her brother as the Acting Administrator of the National Premix Secretariat, saying he was competent enough and has since left the position, and replaced by a substantive appointee.

To illustrate how substantive policy choices underlie technocratic - sounding budgetary decisions, consider, for example, a decision to cut back on NIH training grants, making them available only in fields with a shortage of researchers.433 This approach may seem like a neutral way to decide how to allocate a limited sum of money.

The School challenged OFSTED's Complaints Procedure on the basis that if an organisation, such as OFSTED, has an internal Complaints Procedure it ought to be «a fair and robust process that permits a substantive challenge and which gives the complaining party the possibility, in appropriate cases, of having the decision changed» (although it was accepted that «fairness» does not necessarily require an external appeals process).

He said that the process set out in its Complaints Procedures was neither fair nor rational because it «effectively says there is no need to permit an aggrieved party to pursue a substantive challenge to the conclusions of a report it considers to be defective because the decision maker's processes are so effective that the decision will always in effect be unimpeachable.»

Problem solving and decision making are dominated by substantive, strategic, and institutional uncertainties.

It was asserted that if there was to be an internal complaints process, as was the case with Ofsted, the complainant should be afforded the opportunity to make a substantive challenge with the possibility of having the decision changed, if appropriate.

There is a very fine line between offering sufficient guidance for teachers and districts to undertake substantive change, and being prescriptive in ways that work against teacher learning, decision - making, and flexibility.

For example, she reports that some School - Based Decision - Making Councils get so caught up in developing their bylaws and modifying them «to fit some nuance of administrivia» that they spend more time engaged in «ceremonial debate» than «substantive discussion.»

Without such new measures, important decisions about teachers have little substantive basis, as this past decade's futile search to identify highly qualified teachers showed.

Findings show year - to - year correlations in teacher effects are modest, but pre-tenure estimates of teacher job performance do predict estimated post-tenure performance in both math and reading, and would therefore seem to be a reasonable metric to use as a factor in making substantive teacher selection decisions.

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.

Published bimonthly September through June by the American Association of School Librarians, a division of the American Library Association, Knowledge Quest is devoted to offering substantive information to assist building - level school librarians, supervisors, library educators, and other decision makers concerned with the development of school library programs and services.

Published bimonthly September through June, Knowledge Quest is devoted to offering substantive information to assist building - level school librarians, supervisors, library educators, and other decision makers concerned with the development of school library programs and services.

Everything I attended this week, except the last day and evening, was a distraction from the decisions that need to be made to achieve a substantive and legally binding agreement to eliminate the emissions of climate - changing greenhouse gases.