Sentences with phrase «substantive decisions issued»

Not exact matches

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.

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.

Attacks on the judiciary by politicians unhappy with a decision have the capacity to undermine the system of justice, and the distribution of legal powers, particularly when the attack is of a personal nature, but the more substantive issue is undermining the structure of justice, and an attack on the substance and principles of justice and the structures essential to its coherent function.

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.

While issues of procedural illegality are likely to be addressed to the authorizing decision, issues as to whether the measure creates discrimination within the internal market or distorts competition or impinges on the rights and obligations of non-participating states are more properly addressed to the substantive legislative act.

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.

A committee is not, however (and this may be the most important aspect of the decision), «otherwise required to hear his evidence as to whether or not the substantive allegation against him is or is not well - founded; that is not the issue on the application for an interim order.»

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].

Thus, the Court's Cuozzo decision settles that § 314 (d) precludes a petitioner from challenging an institution decision based on a substantive issue of patent law, or the interpretation of a cited reference.

My comment is directed at the issue of process leading to the decision rather than substantive content (although I do have a substantive comment view) of the outcome of the decision.

With NLP technology, ROSS can pinpoint answers to substantive legal issues in Labor & Employment Law, across Federal and State courts, agencies and arbitration panels, including published and unpublished decisions covering subjects such as:

When an inquiry committee disposes of a complaint by issuing a citation for a disciplinary hearing, to what extent is that committee's decision subject to challenge based on either procedural fairness or on its substantive merits?

It does seem like Justice Veldhuis is reluctant to grant leave to appeal on substantive issues emanating from a development appeal — her comment in the Nash decision certainly supports this observation.

247 pieces of information for each case, roughly broken down into six categories: (1) identification variables (e.g., citations and docket numbers); (2) background variables (e.g., how the Court took jurisdiction, origin and source of the case, the reason the Court agreed to decide it); (3) chronological variables (e.g., the date of decision, term of Court, natural court); (4) substantive variables (e.g., legal provisions, issues, direction of decision); (5) outcome variables

Here, if the Virginia Bar finds that Hunter's news feed qua blog is an advertisement and therefore requires disclaimers, mark my words, that decision will be construed broadly to encompass even legitimate blogs that discusses substantive legal issues.

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.

Published 12 times per year, Electronically In Touch features advice, guidance, and tips useful to the young lawyer both professionally and personally; includes «nuts and bolts» information about substantive legal issues; highlights cases and decisions of interest; provides updates from the Executive Committee; offers opportunities for career, professional, and leadership development; and lists a calendar of events.

On issues such as the content of the record on judicial review applications, the extent to which administrative decision - makers can participate in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals» capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural law to bring it into line with the substantive law.

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.

The initial issue in the decision relates to the proper substantive law for decision.

Practice and Procedure Before Administrative Tribunals: This unique guide on administrative agencies and how they operate provides in - depth analysis of substantive legal issues and practical guidance on how to do the myriad tasks involved in modern administrative decision - making and agency operation.

Legal custody refers to the decision - making right and responsibility regarding substantive issues like education, religion, and non-emergency medical care.

It has almost all of the characteristics of the adversarial litigation system — counsel present on both sides, a process focused mainly on resolving the substantive issues according to the statutory law and appellate decisions, and a third party neutral whose main experience has been in deciding adversarial cases in an imposed process.

However, the court's ruling wasn't a decision based on the substantive issue of whether the mark was generic.