Sentences with phrase «unfettered discretion»

This means that the Court has effective unfettered discretion in terms of the amount to award a Claimant in respect of harm suffered.

The Artwork must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.

Judges not trained in child development and family dynamics are given unfettered discretion, and this results in unpredictable outcomes based on idiosyncratic biases and subjective value judgments.

The Village of Orland Park Board of Trustees is entitled to act in its sole, absolute and unfettered discretion with respect to any item or issue contained in the Recordings.

For shelter directors accustomed to operating their facilities with little to no oversight, no lifesaving expectations, and virtually unfettered discretion to avoid doing what is in the best interests of sheltered animals, laws like HB 71 are deeply threatening.

«This absolute unfettered discretion to decide whether to issue and then when to lift a stay makes the governor's decision virtually unreviewable.»

The Eighth Circuit reversed an injunction in favor of plaintiff against the ordinance at issue, holding that the terms used in the ordinance — «obstruct» and «resist» — covered only physical acts or fighting words and did not give officers unfettered discretion to make arrests for mere words that annoy them.

This is why, I believe, that indefinite sentencing schemes leaving the judge with unfettered discretion within a given range is acceptable, but a definite sentencing scheme that imposes particular presumptions or mandatory penalties, and requires judges to find facts to address presumptions, is invalid in the Blakely universe.

In such a case, the judge is in effect subrogated into the employer's shoes, to decide what a reasonable exercise of the discretion would have produced: «Thus, if the court is required to calculate the bonus, it has the same unfettered discretion as the original bank, which discretion must, of course, be exercised reasonably.

Traditionally, the common practice of national courts across the globe has been to avoid any application of international law that would clash with the position of their governments, a deference that helped to insure their executive branches unfettered discretion in external affairs.

This is probably obvious, but I always thought appointment to the position of Attorney General is, as the article points out, at the large and unfettered discretion of the Lt.G.

In effect, the Department has virtually unfettered discretion to determine whether to deny, suspend, or revoke a license.

While the motivations for the regulation in general sound legitimate, Lash is concerned that the definition of harassment is entirely left to the «sole and unfettered discretion» of the condo board.

Thirdly, it is surely also important whether or not faith schools believe that they «have an unfettered discretion in terms of being able to give unrestricted preference in respect of any teacher».

Sponsor may, but shall have no obligation to, post, display or otherwise make publicly available any content submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any portion of the video or information that you submit to the Contest.

Please be advised that submitting or posting any of the following content in your eBook file, cover image or product data may, in the exercise of Barnes & Noble's sole and unfettered discretion, result in the removal of said content and / or termination of your account.

You agree that if New Home Buyers Network, in its sole and unfettered discretion, requests in writing that you remove any link or links to the New Home Buyers Network Web Sites, you will promptly do so.

The AHRC concluded that Webber Academy did not have an «unfettered discretion» to summarily refuse a student's request to perform a religious obligation on its campus.3 The discretion did not extend to allow Webber Academy to deny the use of facilities or services in a discriminatory fashion.

But the court held that the licensing board was not vested with arbitrary power or an unfettered discretion; that its discretion must be exercised with

Finally, the General Court's judgments show that the Council does not have unfettered discretion to designate undertakings and persons on the sanctions list without providing sufficient evidence to support its claim and without giving the designatee ample chance to exercise its right to self defence.

It has long been accepted that a trial judge has an «unfettered discretion» to reconsider an order, or to re-open a trial, when the order in question has not been entered.

Soon, the unfettered discretion of the general counsel to operate his or her legal department will come to an end.

A majority of the Shime board found that the parties, in the Return to Work Protocol they signed to end the 2006 strike, gave the arbitration board an unfettered discretion to decide compensation payable to employees for the work they performed following the strike.

Costs awards are entirely discretionary, meaning that a judge has unfettered discretion to decide if costs are appropriate, who may be entitled to them, when they should be awarded, and how much should be given.

Reformers decried the dangers of arbitrariness, bias, and disparity in sentencing judges» unfettered discretion.

However, in that event, the court has an unfettered discretion to reconsider its decision but should do so exceedingly sparingly.

In such cases, it remains a matter for the judge to decide whether or not it is appropriate to give an indication; the judge is under no obligation to give an indication and he has an unfettered discretion in this regard.

As Goodyear (para 56 — 59) makes clear, the judge is under no obligation to give an indication and he has an unfettered discretion in this regard.

The right to evaluate whether a bidder has met a bid requirement in an owner's «sole and unfettered discretion» does not confer on the owner the right to ignore, alter or delete bid criteria as they please.

A reservation or privilege clause involving an owner's «sole and unfettered discretion» can not be interpreted to include the ability to alter the bidding process in a manner which can not be reasonably anticipated from a reasonable reading of the Instructions to Bidders.

However, he felt that this may prove an impossible task and reminded himself that since 1857 the decision about spousal maintenance has always been left by Parliament to the unfettered discretion of the individual judge.

In other words, an interim custodial parent does not have unfettered discretion to move the child wherever he or she chooses.

The mere existence of the licensor's unfettered discretion, coupled with the power of prior restraint, intimidates parties into censoring their own speech, even if the discretion and power are never actually abused.

Given that it is difficult to see how a referral would be made unless there has been some «change in circumstances», the confirmation by the Supreme Court that the prosecutor has in those circumstances an unfettered discretion whether to do so will provide no ammunition for anyone seeking to avoid a referral.»

While there are some guidelines, they basically have the unfettered discretion to look at everything that is on one's laptop.

You agree that if New Home Buyers Network, in its sole and unfettered discretion, requests in writing that you remove any link or links to the New Home Buyers Network Web Sites, you will promptly do so.