Sentences with phrase «upheld as»

It is therefore necessary to turn to the Government's alternative argument: that the mandate may be upheld as within Congress's power to «lay and collect taxes.

Bill McMullin, can't get around that provincial agreement instead he wants the Competition Bureau to force Ontario's real estate boards to relinquish all the sold data which is not yet even on registry and upheld as private information and the best way it seems to do so is by by - passing buyer, seller and brokerage approval because he can not, unlike in NS, gain access to the land registry database.

See also Bruch v Commonwealth [2002] FMCA 29 in which Abstudy was challenged by a non-Indigenous person and upheld as a special measure.

Joe's work exemplified the blending of rigorous scientific research and effective practice that CASEL has upheld as an abiding standard.

In most places, these agreements seem to be upheld as long as they don't make it unreasonably difficult for your employee to make a living.

It will be upheld as written if there is a disagreement on what the terms mean.

Such schemes... have repeatedly been upheld as valid criminal law...»

By contrast, they took some comfort from another Strasbourg decision by the chamber in Murphy v Ireland (2004) 38 EHRR 13, in which a state's prohibition of religious advertisements on television was upheld as within its margin of appreciation.

Legislators and administrators can see and present their decisions being upheld as a sign of approval, an imprimatur, even though these decisions may still be not only unwise, but even morally wrong.

«The breath test was a search of Bernard's person that would have been no more intrusive than the myriad of other searches of the body that we and other courts have upheld as searches incident to a valid arrest,» she wrote.

On the merits, the Commission's findings and sanctions were upheld as reasonable.

Random drug testing for athletic activities was upheld in Vernonia School District 47J v. Acton, and a mandatory extra-curricular drug testing program was upheld as constitutional in Board of Education of Pottawatomie County, Okla. v. Earls.

The draft was upheld as legal despite many challenges, even in the absence of a declared war (e.g. during the Vietnam war; Wikipedia cites United States v. Holmes, 387 F. 2d 781 (7th Cir.)

As Scalia put it in Rita, ``... there will inevitably be some constitutional violations under a system of substantive reasonableness review, because there will be some sentences that will be upheld as reasonable only because of the existence of judge - found facts.»

Furthermore, the Court did not undertake the usual steps in a constitutional analysis, i.e. by reviewing whether section 43 breached any of Ernst's Charter rights, and if so, whether it could be upheld as a reasonable limit on those rights under section 1 of the Charter.

FDI argued that the contract should be upheld as enforceable because by signing her employment agreement after the commencement of her job, Ms. Wood was merely fulfilling an administrative step that in no way altered the terms and conditions of her employment.

At this point, NPR listeners could hear Senator Specter picking up what sounded like a large and heavy chart (which the host described as «very small print») listing the 38 cases in which Roe v. Wade, which provides the precedent for legal abortion, has been upheld as the law of the land.

Two separate tort reform measures, Ohio Revised Code § § 2315.18 and 2315.21 (D), were upheld as constitutional by the Ohio Supreme Court in 2007.

Also, ethical rules for judges prohibiting them from espousing discriminatory views or from affiliating with discriminatory organizations (which are present in almost every state), and similar rules for lawyers (which are present in many states, but do not prohibit representation of discriminatory organizations as clients), have generally been upheld as valid.

In this Titanic litigation in 2000 the nine judges of the US Supreme Court had to decide whether the Presidential election of Bush in the State of Florida could be upheld as legally valid, despite doubts about the vote counting — remember all those hanging chads — or whether the election was so legally flawed that a manual recount was the right course.

On this basis the Alberta Court of Queen's Bench upheld as reasonable a decision of the Alberta Dental Association and College to refuse registration to a BC dentist in Lum v. Council of the Alberta Dental Association and College, Review Panel, 2015 ABQB 12.

Thus, the concern is whether the new laws offend security of the person and freedom of expression or whether they will be upheld as constitutional (Blaze Carlson and Fines).

Although in this case the trial judge did not find the mandatory minimum to be grossly disproportionate to the accused, a finding the Court upheld as deserving deference, the Court was forced to contemplate reasonably foreseeable situations where it would be grossly disproportionate.

But, if the exact harm to the other party from impairing their absolute discretion or ignoring a strict reading of the contract and instead allowing an implied reasonableness term to color the meaning of the contract is material but is hard to quantify, and the consequences to the breaching party are crudely proportionate to that hard to quantify harm, then a waiver of the implied duty to be reasonable will usually be upheld as valid, as the consequences of not allowing reasonableness do not extend beyond the compensatory relief normally allowed in a contract.

Their egregious products are upheld as truth.

Cross posted from The Great Beyond The contentious «hockey stick» climate change graph has again been upheld as broadly accurate, doubtless to the rage of climate denialists / sceptics / whatevers.

It is just another scientific paper whose general conclusions have been upheld as time passed.

Korean papermaking, called Hanji, has been upheld as one of the very highest quality and sought after products.

Barney, Beuys, Hesse, and Hammons slip right under the radar of mainstream awareness, while being upheld as fearless gods to us art initiates.

Every single Assured Breeder will be inspected by the Kennel Club, a UKAS accredited certification body, in order to ensure that the Scheme is upheld as the essential quality seal for puppy breeding and buying.»

«Retirement» is upheld as such a wonderful, ubiquitous goal because it's equated with total fiancial freedom: you can quit your job and do whatever you want, be it start a business, spend time with family, travel the world, volunteer, or just hang out in your fishing boat for 6 hours a day.

According to Top Ten Reviews, they are upheld as one of the best debt consolidation companies in the America.

It will be upheld as written if there is a disagreement on what the terms mean.

The Zins award, created in 2007, honors the memory of Joseph E. Zins, a pioneer in the field of social and emotional learning, who exemplified blending of rigorous scientific research and effective practice that CASEL has upheld as an abiding standard.

I am, however, certain that if conservatives are not hypocrites, they will insist that Cleveland's suburban schools open — rather than, as they have close — their doors to the students whose vouchers, at conservatives» behest, Zelman upheld as constitutional.

Even if the case goes to appeal, it's highly likely that the city's attempt to cut benefits will again be deemed illegal just like the state's attempt, which was finally upheld as unconstitutional last spring.

WASHINGTON — The inclusion of prayer at a public - school graduation exercise is consistent with the nation's long tradition of invoking God's name during ceremonial events and should be upheld as constitutional, lawyers representing the Bush Administration and a Rhode Island school district told the U.S. Supreme Court last week.

In a recent open letter to the Hollywood Reporter, Woody Allen offered support for the notion of Academy Award recognition for casting directors — and upheld as an exemplar of why such recognition is needed Juliet Taylor, who has cast every one of Allen's films since 1975.

Ideological ambivalence will forever be upheld as long as the country retreads the same questionable ground.

I'm no staunch advocate of term limits for every situation, but where they exist, it should be considered fairly disgusting and immoral to orchestrate an end - run around them, whether it was upheld as legal or not.

That the court upheld it as TAX to be collected by the IRS from those unable to afford private insurance unmasks the Obama administration's hypocrisy.

«Every Nigerian life matters and @ngrsenate will work to ensure that rule of law is always upheld as prescribed by the Nigerian Constitution.»

With local stories pouring in each day of the very real ways the Tea Party shutdown is hurting the middle class, it's time Republicans in Congress come to grips with reality that the Affordable Care Act is the law of the land, that it was upheld as constitutional by the U.S. Supreme Court, and that it's working.»

[142]: 916 [143]: 621 If a court concludes that racial considerations predominated, then the redistricting plan is considered «racially gerrymandered» and must be subjected to strict scrutiny, meaning that the redistricting plan will be upheld as constitutional only if it is narrowly tailored to advance a compelling state interest.

The GOP - lead House is set to vote yet again to repeal the Affordable Care Act recently upheld as constitutional by the US Supreme Court.

These three norms were upheld as articles of faith by EU countries throughout most of the 1990s.

I have been breastfeeding on demand for over 3 and a half years now and when someone who has breastfed for a few months because it was too hard is upheld as a standard I have to laugh.

I live in California, where the same law is upheld as NY.

(ironically a great Arsenal manager) Arsenal Football Club has ALWAYS been upheld as the icon of a superbly run club.

Does Focus on the Family advocate for that definition of marriage to be upheld as the law of the land?