This court has strongly emphasized that administrative tribunals do not have to consider and comment
upon every issue raised by the parties in their reasons.
This Court has strongly emphasized that administrative tribunals do not have to consider and comment
upon every issue raised by the parties in their reasons.
Not exact matches
Nevertheless, sales of substantial amounts of our Class A common stock, including shares
issued upon exercise of outstanding stock options or warrants or settlement of RSUs, in the public market following this offering could adversely affect market prices prevailing from time to time and could impair our ability to
raise capital through the sale of our equity securities.
Mark's primary areas of expertise include: assisting clients with substantial private businesses manage the growth from a financial and strategic perspective advising high net worth clients on succession and estate planning
issues helping clients achieve the optimal value for their business
upon disposal on an after tax basis analysis of business performance assisting clients with debt
raising issues structuring client's affairs for maximum tax benefits.
The tiny dependent state of Judaea was inevitably drawn into these events, but their impact
upon the Jewish mind was not such as to
raise great spiritual
issues, or to provoke new understanding of the ways of God with men.
Those who do not want to deal with the
issues raised by liberationists and women are trying to close the door
upon them.
Mays
raises an interesting hermeneutical
issue when he admits that his interpretation of Whitehead's metaphysics as a search for a logical structure of utmost generality may be said to be «largely circumstantial, based
upon attempts to set up correspondences between different parts of his writings» (PW 94/98).
Along the way, he
raises a host of theological
issues upon which the proclamation of the gospel as good news hinges.
The use of punishment as a deterrent, and the effect of the penal system
upon persons and society as a whole,
raise issues for moral judgment.
There is much we can agree
upon concerning the nature and work of the Holy Spirit without
raising the
issue implied in the question above.
He immediately addressed the
issue upon taking the pulpit Sunday, speaking for nearly eight minutes about the challenge of
raising children and denying he had hurt to his daughter.
When gospel - related themes about justice, peace, and equality are
raised in the various elements of culture, the church may suspect that these
issues did not rise solely out of the hearts and minds of unregenerate people, but were created by the gentle breezes of the Spirit
upon all people in our society.
YOGA: SCIENTIFIC ANALYSIS Sirs: Regarding the discussion of yoga exercises, the
issue raised by Joe David Brown (Yoga Comes West, SI, Jan. 25) and by B. K. Bagchi (19TH HOLE, Feb. 29) is a twofold one: first, whether it is a scientifically proved fact that yoga exercises exert a demonstrable effect
upon the heart; second, if such an effect is demonstrable, what its physiological nature is in terms of accepted concepts of cardiovascular physiology.
Another
issue raised by fans
upon Chamberlain's signing was a collective reservation over his seeming lack of end product.
The SNP have
raised fears that powers over
issues like farming and fishing that are currently held in Brussels will transfer to Westminster
upon Brexit rather than being devolved.
«There were certain
issues which we
raised which they in their ministerial capacity couldn't rule
upon,» attorney Frank Housh said.
«It's really important that we have robust systems in place, so that when somebody highlights, makes a complaint,
raises issues, or queries, around racism and anti-semitism and sexism and all of the «isms», that it's taken seriously, and it's acted
upon as swiftly as possible.
At any rate, adding «best - selling author» to my blog name
raises one
issue solely based
upon the hyphen.
The Visitor Talks — Dialogues... further develops
issues raised in the Fall 2013 — Spring 2014 series of The Visitor Talks: Pre-Ambulation and Retrospection, reflecting
upon overarching
issues pertaining to the conundrum of research within contemporary art, curatorial practice, and their attendant discourses.
His paintings often appear to be pure abstractions, but
upon investigation and contemplation, they reveal a charged space that connects to the artist's personal experiences and whose underlying ideas
raise questions about
issues from politics to environmentalism to cultural identity.
Particularly based
upon his past track record of careful investigation, I take seriously any such
issue that Nic
raises.
This question is designed to expose the fact that because delays in ghg emissions based on costs to the polluter makes the enormous threat of climate change much more difficult to solve and more likely that serious harms and damages will be experienced, therefore arguments for delays in reducing ghg emissions based
upon cost
raise moral and ethical
issues because the delays are making the problem much worse, more difficult to solve, and great harms inevitable.
This doesn't just
raise issues for measuring and reporting climate sensitivity, it extends on into any decision theory that may depend
upon it.
Discretionary orders of prothonotaries ought not be disturbed on appeal to a judge unless: a) the questions
raised in the motion are vital to the final
issue of the case, or b) the orders are clearly wrong, in the sense that the exercise of discretion by the prothonotary was based
upon a wrong principle or
upon a misapprehension of the facts.
While the Canadian Bar Association is usually busy intervening in court cases, making submissions to government, commenting on proposed legislation and supporting members, it's not every day that the CBA is called
upon to help the public understand the nuances of a pressing national
issue which
raises concerns about the rule of law.
Creating custom Groups for each new program, to which in - person attendees would be invited
upon registration, would allow the providers to post excerpts from papers or previews of presentations beforehand, to gather questions for the speakers ahead of time, to generate discussions about the
issues raised in the program, to conduct feedback through survey tools, and to notify delegates of similar sessions in future.
Below I discuss 5 prominent
issues which are
raised by these changes and that are elaborated
upon in the book:
Its high cost, dependence
upon the quality of electronic records management, interdependence with admissibility of evidence rules and practices, and development of TAR (technology aided review) software, which in itself
raises many complex
issues, will maintain disclosure and discovery's importance to all litigators for many years to come.
Newcastle
Upon Tyne Hospitals NHS Trust v Armstrong [2006] IRLR 124 (Court of Appeal), and on a second appeal, [2010] ICR 674 (EAT) Instructed throughout this long running equal pay case which, on appeal,
raised issues of the selection of comparators and the material factor defence in equal pay claims.
If the court is satisfied it has all the information that it needs to determine the
issues raised by the application and that it would be procedurally fair to proceed, then it is likely that there will be no grounds
upon which the court can properly adjourn the substan - tive application.
There is no doubt that random testing policies can infringe
upon human rights and
raise privacy
issues, but the evidence put forward in these cases suggests that, if the threshold tests for safety and risk in a workplace discussed above are met, appropriate policy design may alleviate most concerns arising from those areas.
In his view, Lord Mance said the Court of Appeal had erred with its justification that an enforcing court could make the decision, under the provisions of s103 and article V of the New York Convention, of an
issue raised under either subsection, conditional
upon the provision of security by the award debtor in respect of the award, there were no such provisions in either s103 nor article V.
Upon graduation, John spent the better part of three years in Chicago working with a private foundation raising funds for such worthy causes as alcohol awareness education and men's health issues — topics upon which he frequently lectu
Upon graduation, John spent the better part of three years in Chicago working with a private foundation
raising funds for such worthy causes as alcohol awareness education and men's health
issues — topics
upon which he frequently lectu
upon which he frequently lectured.
Indeed, in this effective Slate commentary focused
upon the judicial bias
issues raised by the case, Emily Bazelon concludes with this sober assessment:
And, reliance
upon apps
raises these
issues:
Administrative law — Judicial review — Municipal law — Taxation — Real property tax — Payments made by Federal Crown in lieu of real property tax — Assessed value of Halifax Citadel — Whether the Federal Court of Appeal erred in holding that the Minister is unconstrained by the assessed value of the property determined by the assessment authority in determining the property value of a federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands
upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it
raises similar
issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. M - 13.
Beyond the professional and ethical
issues that reliance
upon such an expert for litigation
raises, it is simply bad advocacy to place an essential aspect of a client's case in the hands of such a person.
The generality of the language contained in the Birmingham parade ordinance
upon which the injunction was based would unquestionably
raise substantial constitutional
issues concerning some of its provisions.
In so far as
issue of forgery
raised by the respondent is concerned, learned senior counsel submits that though the learned arbitrator was justified in rendering such finding in view of the pleadings filed by the parties, the claimants would not rely
upon such finding of forgery for filing any criminal proceedings against the respondent based on such findings rendered by the learned arbitrator.
I am of the view that since the
issue of applicability of Part I was not
raised in the petition filed under section 9, the said
issue was not litigated or adjudicated
upon.
How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: 334-215-3706 Cell Phone: 334-233-2631 Fax: 334-273-0477 E-mail:
[email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve
issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright
issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on
issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund -
raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable
upon request
There are no easy answers to these questions, but it is incumbent
upon governments to understand the importance of the
issues they
raise when they are instituting monitoring processes in implementing the Bringing Them Home recommendations, if such implementation is to be effective.
This
raises an
issue in terms of the priority which governments should attach to the situation of Indigenous women
upon release from prison.
Day Realty v. Spiegel (216 A.D. 2D 241) order granting broker's motion for summary judgment reversed;
issue of fact
raised precluding summary judgment as to whether or not commission agreement conditioned the earning of the commission
upon the closing of the sales transaction.
The requirement to give copies «
upon» signing in Article 9 also
raises practical
issues of where and when agreements are signed.