Sentences with phrase «than case law»

As well, both Quicklaw and CanLII have comprehensive collections of current legislation that, in the case of CanLII, are more popular than its case law databases.
If New York State's highest court allows Husband's claim to go forward, it would be a more expansive understanding of «mutual mistake» than the case law I have seen.
As a result, prosecutorial discretion in practice is more in depth than the case law infers.
First, the CJEU firmly took sides in the debate on whether the Charter has a different scope of application than the case law based fundamental rights regime.

Not exact matches

In the year following the law, there were 2.4 % fewer heart attack cases recorded in Accident and Emergency departments than the year before.
One could argue this is the best - case scenario, since lawmakers always have the option of creating new laws which lead to the promulgation of new regulations that are often worse than the ones before.
Painter recommends that Congress pass a law right now that would require that when a President or his businesses have specific matters pending before a federal agency — like, say, an Internal Revenue Service audit, or a case before the National Labor Relations Board or the Securities and Exchange Commission, or a licensing issue before the Federal Communications Commission — that the matter must be decided by a career civil servant, rather than by a political appointee.
So far, he has been more keen to highlight the failure of the FBI to stop the Florida high school carnage and the need to fill loopholes in mental health care than to accept the case for changing firearms laws.
While the content of the bill and the successful vote comports with our base case that the Republicans» tax reform plan will become law effective 2018, the Senate acted faster than expected, improving odds of a 2017 passage.
You can increase competition with anti-trust enforcement, and regulate natural monopolies and both (in the case of the newly merged Time Warner Cable), create greater transparency of prices, use government purchasing power, restore previous price controls (and please a federal usury law at no more than 15 %, to prevent debt bubbles of higher inflation).
That seems doomed to fail, as more than a century of case law dating back to the early days of the railroad suggests that provincial measures that directly thwart interprovincial infrastructure may be overruled by federal jurisdiction using 92 (10)(c) and this would be a prime example of when it should be (and has historically) been used.
Canadian mortgage laws are much more strict than in the United States — mortgages are full recourse, for example, so Canadian homeowners have a lot more on the line in the case of default than Americans.
Law enforcement in Broward County has taken steps to seize guns in more cases than anywhere in the state.
And in some instances, it has been Scalia and Thomas who have done so more than those who may think of themselves less as originalists (in one recent case in particular Scalia and Thomas dissented from the majority which held that convicted child molesters could be indefinitely imprisoned despite having fully served their sentences based on subtle shifts of language and the over-application of prior case law — no one wants a child molester free and about, but such results focused outcomes are always dangerous).
If I disagree with those laws, the way our healthcare system is set up, our care or lack of it for the poor and homeless, etc., there are avenues for me to contact my representatives and those whose voices are more likely to be heard than mine and plead my case.
IF the torture law was seen to work, and there was a dramatic decrease in violent crimes because bad people realized that they were okay with a death sentence, but 25 years of electric niple clamps was more than they were willing to take on, then the government could make the case that they enacted the will of the people by reducing crime.
Unless amended by the Senate, the law's conscience protections will be more meager than those currently afforded in the case of abortion.
In neither case does it reflect a disrespectful view of divine law (which both the Old and the New Testament see as grounded in divine grace), but rather it refers to what is bound to happen to the law when we start «handling» it and using it to establish our own righteousness rather than letting the rule and righteousness of God dwell and become embodied in our midst.
Nature is not the composition of law - like patterns occurring independently of God, and thus, miracles are not cases of when God intervenes, but when He acts differently than usual for His redemptive purposes.
Absent such a change in canon law, a bishop seeking to dismiss a priest will have to convince a canon court that the case warrants dismissal, and thus the zero tolerance policy amounts to nothing more than a declaration by the bishops that, because in their view all cases of sexual abuse warrant dismissal from the clerical state, they intend to seek this penalty in all cases.
Nothing has more reinforced my conviction on this score than the recent case of a lieutenant colonel, a rear admiral, a CIA chief and a president conspiring to set themselves above the law, and insisting that we citizens should let them lie to us for our own good.
The situation in Europe, including Britain, is more nuanced than that in North America, largely because Europe's Muslim populations have a longer and more established social and political history in nations where Muslims (of the theological left, right and center) are represented by sophisticated networks of» mosques and political NGOs that defend the rights of Muslims and shape their participation in civic life, including the introduction of Islamic law for civil cases.
The HL case does nothing more than to confirm the Religious Freedom Restoration Act of Nov. 1993, which was a near unanimous decision among Democrats (3 dissenters) where the law protects folks» religious freedoms wherever they feel they are being violated.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
In the Roman case, Coontz isn't entirely wrong in calling it a contract, insofar as marriage law would more often than not be adjudicated in the civil courts just like a contract law.
Such was Paul's dynamic theology, and Erasmus had failed, so Luther judged, to understand on the one hand the relative dignity and goodness of the Law, on its own merits, and on the other the fact that in any case to keep it was useless, and indeed largely impossible for most men without Christ: «Fulfilment without faith in Christ, even if it creates men like Fabricius, Regulus and others [heroes of Roman history] who are wholly irreproachable in the sight of men — no more resembles righteousness than sorb apples resemble figs.»
A judge who departs from the Constitution, as the majority did in the five cases mentioned, is applying no law other than his will.
Contract and property law are useful far beyond their role in litigation because they allow people of good faith to coordinate their activities by following pre-announced legal forms rather than having to work out their plans (even in good faith) on a case - by - case basis.
One had to be either a Roman citizen, as in the case of Paul, or else guilty of a crime against the empire rather than an infraction of a provincial or racial law over which the recognized authorities among the conquered people had the right of judgment.
There isn't roomhere to do more than illustrate the case with a few examples, but an attempt will be made to show how rich Paul's view of ethics is, how his teaching on law is original and relevant, how his emphasis on love is important, and how he forces us to consider not only the human act that, as St Thomas says, is what moral theology is all about, but also the adjectival human agent transformed by the grace of the Holy Spirit into a friend, indeed a child of God.
The conclusion that an innocuous disclaimer constitutes an establishment of religion needs more basis in law than a passing reference to unspecified «facts and circumstances of this case
Companies with fewer than 50 employees are not likely to be subject to federal laws that govern how employers handle leave for family and medical reasons, bereavement, military leave, jury duty, court cases and voting.
See also Lucy Barbour, «Competition watchdog ACCC head Rod Simms (sic) denies claims an «effects test» would be «economically dangerous» (ABC Rural, 18 August 2014), in which the ACCC Chairman defends the ACCC's proposed effects test (and is also reported as saying that the current case against Coles was brought under the unconscionable conduct provisions rather than under s 46 because the misuse of market power prohibitions is a law that exists only between competitors...)
Wives were far more likely than husbands to report attempting to enlist the help of outsiders, from divorce attorneys to in - laws, marriage counselors, and psychologists (and in one case a bankruptcy attorney), to solve marital problems.
At the same time, federal law allows school officials to vet only a fraction of the lunch applications they receive — in the case of CPS, fewer than 1 percent.
@PoloHoleSet In Germany, one very rich man tried to get a law change so that in cases of large amounts of shares inherited, inheritance tax could be paid in shares, and not in cash - which would force the heirs to sell large amounts of shares, which would make the price drop, which would mean they have to sell a larger percentage of shares than the inheritance tax.
The trial of three former leaders of the law firm Dewey & LeBoeuf was declared a mistrial today, after more than four months, by the judge overseeing the case.
The law currently forces the writer to prove he did not defame the claimant, rather than the other way round, as is the case in most civil and criminal cases.
According to the Daily News report, Panepinto's law firm «specializes in Workers Compensation cases and recovered more than $ 8.5 million for injured workers in just the first few months of 2015.»
This may be true on average, but in the particular case of tasks needed in law enforcement, the typical US police officer has more training than the typical member of the military, nineteen weeks on average.
And though it's been viewed many fewer times than Yes We Can, in this case it was particularly well targeted, since the voter in question is my sister - in - law, a Linux expert at IBM in Austin.
While this is not an unreasonably short standard compared to similar laws in New York or Germany, my research on administrative litigation in China (based on 178 interviews) suggests that this simple limitation derails more cases against the Chinese state than any other factor.
The Second Circuit found that a new Supreme Court decision narrowing public corruption laws in a case involving former Virginia Gov. Robert McDonnell required different instructions than those used by Manhattan U.S. District Judge Valerie Caproni.
Surprisingly International Law is much less clear than one would think, but this doesn't seems to be the case.
This was based in part on a view that this case was bigger than the individuals involved and in part on the understanding of the law, when this case began, that even such egregious deception as that carried out by the police officers concerned was not sufficient to allow such a claim.
Senator John Flanagan, a Republican from Long Island, is one of several Senators who report earning more than $ 100,000 a year from outside employment, in his case also a law firm.
Our secretary to attorney ratio is competitive with, and in most cases significantly less, than that found in similarly sized law firms.
Sheldon Silver funneled $ 500,000 in state slush funds to a leading Manhattan oncologist in exchange for a steady stream of asbestos - related cancer cases, which he then fed to a personal - injury law firm that paid him more than $ 3 million in fees for the referrals, federal prosecutors charged Thursday.
Lawmakers voted to have Rural Law Center handle appeals from people who can't afford their own lawyer at $ 2,250 per case, which is lower than what it's been costing the county to hire local lawyers
The governor said federal laws provide prosecutors with more tools to handle corruption cases than do state laws, and district attorneys often turn their cases over to the feds.
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