Sentences with phrase «substantive rules»

The 56 - page ruling, issued by Judge Denise Cote of the United States District Court for the Southern District of New York, is the first substantive ruling in the litigation.
It thereby indirectly included in its argumentation substantive rules of international law by using them as tools of interpretation (especially via Article 31 (3)(c) VCLT), declaring the GC's failure to do so an error in law (Judgment para 86, 97, 107).
Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules.
Moreover, there is no question that many other issues in contract law do engage substantive rules of law: the requirements for the formation of the contract, the capacity of the parties, the requirement that certain contracts be evidenced in writing, and so on.
Maintain the company's regulatory compliance by having intimate knowledge about the laws, regulations, and codes by researching the Public Utility Commission of Texas Substantive Rules and Laws and the Energy Information Administration (EIA) rules.
'' [Potential child advocates] could perform a public function by lobbying for the replacement of the best interest of the child test with a more determinative substantive rule... as the substituted rule, I suggest the primary caretaker rule, which rewards past care and concern for children and minimizes the role and power of the helping professionals in custody decision making.
Reversing the trial court and sustaining the bulk of plaintiffs» claims, the First District stressed some important recurring procedural and substantive rules in corporate litigation.
In applying these principles to the analysis of transferable records, the Working Group concluded that it did not need to touch on substantive rules of law at all.
Neither FundersClub nor AngelList rely on initiatives mentioned under Title III of the JOBS Act, so it's wrong to think that SEC was making a substantive ruling on the matter with these letters.
Singleton's report finds that the government's new online privacy legislation, Bill S - 4, largely leaves alone the substantive rules of privacy in Canada, which is positive.
Dominic Raab, the justice minister, rejected the arguments, saying the EU withdrawal bill would actually improve rights protections «precisely because we are making sure that the substantive rules of EU law will be retained on day one of exit».
In the Fall 2014 issue of Education Next, Richard Epstein, a University of Chicago law professor, questioned the departments» action for forcing «school districts to comply with a substantive rule of dubious legal validity and practical soundness.»
In sum, the ED and DOJ action forces school districts to comply with a substantive rule of dubious legal validity and practical soundness.
As for the substantive ruling that gave the father supervised access only, with custody to the mother — the Court of Appeal found that the evidence in support of this outcome was «overwhelming» and that the trial judge's decision on supervised access «was a wise one».
He was responsible for drafting the procedural and substantive rules of the party and represented them before the United States Supreme Court in connection with a reapportionment case.
In the present case, that rule prescribes an assessment of the environmental impact of a public or private project, but does not lay down the substantive rules in relation to the balancing of the environmental effects with other factors or prohibit the completion of projects which are liable to have negative effects on the environment.
For some time, the sheer amount of law — the substantive rules that regulate private conduct and direct the operation of government — made by
Our analysis provides the client with clarity and accuracy regarding significant and substantive rulings.
Beginning with a review of a number of leading Canadian and other common law decisions on judicial disqualification, we explore the implications of the divergent strands of thinking that emerge in the jurisprudence to improve our understanding of the Canadian jurisprudence and then move to a discussion of the substantive rules governing judicial disqualification in six categories of cases.
Many jurisdictions give parties one opportunity, before any substantive ruling is made, to seek recusal of the assigned judge as a matter of right, without proof of prejudice.
Solicitor - client privilege is a substantive rule with quasi-constitutional status, not merely a law of evidence (at para 38).
These rules range from the procedures that must be followed by both parties when proceeding through a lawsuit to the substantive rules of evidence governing which evidence is admissible at trial.
In creating a substantive rule applicable in state as well as federal courts, [Footnote 10] Congress intended to foreclose state legislative attempts to undercut the enforceability of arbitration agreements.
There is no authority for the proposition that the substantive rule of confidentiality means that an accused and his representatives are prohibited from attempting to identify an informant for a lawful purpose and by lawful means.
Again, this language is simply not expansive enough to capture the breadth of solicitor - client privilege as a substantive rule which the Supreme Court of Canada describes as a «fundamental civil and legal right».
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