Sentences with phrase «substantive decisions in»

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.

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.»

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 definitionaIn 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 definitionain 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 discoursIn 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 discoursin 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 discoursin 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.

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.

«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.»

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.

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.

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.

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.»

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.»

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.

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.

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.

-- Judgmental subjective decisions, e.g. deselecting series that are judged «wet», or the wrong direction are quite absurd; when other substantive growth factors are ignored in some devotional belief that only temperature drives tree ring width.

As the UK did in earlier cases on this topic submitted to the Court, in case C - 81 / 13 UK v Council it criticised the Council once more for using Article 48 TFEU as the substantive legal basis for the adoption of a social security measure implementing an association agreement, in this particular case the Council Decision 2012 / 776 / EU, which aimed to update the obsolete implementing provisions on the coordination of social security systems as established by the EEC - Turkey Association Agreement (Agreement).

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.

For example, in the companion decision in El - Khodr v. Lackie, 2017 ONCA 716, released concurrently with Cobb v. Long Estate, the trial judge held that entitlement to prejudgment interest was a matter of substantive law and therefore the amendment did not apply retrospectively.

Indeed, the Illinois Supreme Court overlooked the clear substantive canonical violations for which the Church disciplined Dionisije, violations based on Dionisije's conceded open defiance and rebellion against the church hierarchy immediately after the Holy Assembly's decision to suspend him (a decision which even the Illinois courts deemed to be proper) and Dionisije's decision to litigate the Mother Church's authority in the civil courts rather than participate in the disciplinary proceedings before the Holy Synod and the Holy Assembly.

The implications of the court's decision were significant for creating substantive equality for women in the workplace, and were of particular importance to women with disabilities.

Scott monitors state rulings, legislation and court decisions that impact taxpayers and guides his clients in a broad range of substantive issues, from business restructuring and transactional tax planning to constitutional questions such as nexus, discrimination against interstate commerce and unitary combination.

It did so, secondly, not on the basis of a substantive analysis as the one suggested by Advocate - General Kokott, who, in her opinion of 28 October 2015, had focused on the distinction between the objectives of internal and international security, but, rather, by emphasizing the ancillary purpose of the Council decision concluding the transfer agreement as a decision the very rationale of which is dependent to a large extent on the broader, CFSP - dominated context.

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.

EFIM sought for an annulment of the EFIM - decision, but the General Court confirmed the findings of the Commission in its judgment of 24 November 2011 in Case T ‑ 296 / 09), including — interestingly enough — the substantive analysis of dominance based on the four criteria mentioned.

Making distinctions like this between categories of decision - maker in substantive judicial review is, in my opinion, a step in the wrong direction.

The primary issue in substantive judicial review should always be what is the nature of the question decided by the administrative decision - maker and who as between the judiciary and the executive or its delegates is best - suited to have the final say in answering it.

«Neither the general public nor, in many cases, members of the legal community fully appreciated the substantive and procedural impact of the Sault Ste. Marie decision.

Time will tell, on both fronts, but in the meantime it is safe to say that the Supreme Court decision will change summary judgment motions not only in a substantive, but also in a procedural, manner.

The classic case is that of Anisminic v Foreign Compensation Commission in which the House of Lords made it plain that errors of process and substantive errors that failed to match administrative law standards were reviewable notwithstanding a privative clause in the statute that conferred the decision - making power under challenge.

In the recent decision in Burden and another v United Kingdom [2008] All ER (D) 391 (Apr) the Grand Chamber confirmed that Art 14 complements the other substantive provisions of the Convention and the ProtocolIn the recent decision in Burden and another v United Kingdom [2008] All ER (D) 391 (Apr) the Grand Chamber confirmed that Art 14 complements the other substantive provisions of the Convention and the Protocolin Burden and another v United Kingdom [2008] All ER (D) 391 (Apr) the Grand Chamber confirmed that Art 14 complements the other substantive provisions of the Convention and the Protocols.

Any substantive need for RBS to appeal on the waiver aspect of the first decision of Birss J therefore fell away (and RBS's appeal in relation to other aspects of the decision was in any event settled).

These findings on standard of review are not only consistent with the overall trend in existing jurisprudence concerning the judicial review of FOIP decisions, but are also consistent with the trend towards reasonableness as the standard of review generally in substantive judicial review of statutory interpretation by administrative decision - makers.

The first step in substantive judicial review under Canadian administrative law is to identify the standard of review applicable to the question or questions in the impugned statutory decision.

In that decision, the court determined the substantive / procedural divide in a choice of law case, equally applicable here: «Remoteness and heads of damage are questions of substance governed by the lex loci delicti, whereas the quantification or measurement of damages is a question of procedure governed by the lex fori.&raquIn that decision, the court determined the substantive / procedural divide in a choice of law case, equally applicable here: «Remoteness and heads of damage are questions of substance governed by the lex loci delicti, whereas the quantification or measurement of damages is a question of procedure governed by the lex fori.&raquin a choice of law case, equally applicable here: «Remoteness and heads of damage are questions of substance governed by the lex loci delicti, whereas the quantification or measurement of damages is a question of procedure governed by the lex fori.»

Stating that administrative decision - makers such as the FOIP Commissioner are entitled to alter precedents or completely depart from an earlier interpretation of legislation — as Justice Manderscheid states here (at para 84)-- was perhaps tenable in a legal system that did not employ a strong presumption of deference to substantive legal findings made by these persons.

Aside from the lower court decisions in B.C. Motor Vehicles Reference, it appears the only decisions to find that «principles of fundamental justice» include a substantive element are Regina v. Young (1984) 46 O.R. (2d) 520 (C.A.) and Mia v. British Columbia (Medical Services Commission), [1985] B.C.J. No. 2920 (S.C.).

Having not been able to address these issues in DBN v the United Kingdom, [39] due to the lack of contact the UK solicitors had with their client, the Strasbourg Court has not been able to address substantive asylum claims based on sexual identity since the earlier 2004 decisions in F v UK [40] and INN v the Netherlands [41].

«Because class proceeding legislation is procedural, and does not create substantive rights, a proposed class action must identify class members who individually have legal capacity to sue and assert a cause of action,» Garson wrote in her May 3 decision Kwicksutaineuk / Ah - Kwa - Mish First Nation v. Canada (Attorney General).

Critical to the decision of the Court of Appeal was the wording of cl 1 of the lease which set out the term granted in the following way: «from and including 1 January 2003 to 28 September 2004 (hereinafter called «the term» which expression shall include any period of holding over or extension of it whether by statute or at common law or by agreement)...» Rimmer LJ, who gave the only substantive judgment in the case, referred to the words in brackets in this clause as «the words of extension».

Under the Supreme Court's decision in Armendariz, it appears that Uber's arbitration clause may be unenforceable because of its procedural and substantive unconscionability in terms of unequal bargaining power and one - sidedness.

Trial and appellate lawyers in the firm's offices have successfully tried cases to verdict, judgment or appellate decision in virtually every substantive legal area and business segment, highlighted by the specific practice areas below.

While many employers now opt to simply confirm when a past employee worked for them, the court's decision in Papp v. Stokes provides important takeaways for employers who provide more substantive job references.