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17 results on '"Discretion (Law) -- Laws, regulations and rules"'

1. The Nature of the Fintech Firm.

Author

Jackson, Howell E.

Subjects
The Nature of the Firm (Nonfiction work) -- Evaluation, Financial technology -- Laws, regulations and rules, Financial risk -- Laws, regulations and rules, Manipulation (Securities) -- Laws, regulations and rules, Online securities trading -- Laws, regulations and rules -- Innovations -- Evaluation, Artificial intelligence -- Laws, regulations and rules, Credit discrimination -- Laws, regulations and rules, Financial services -- Laws, regulations and rules -- Innovations -- Evaluation, Discretion (Law) -- Laws, regulations and rules, Government regulation, Financial services industry, Artificial intelligence, Online securities trading
Abstract

INTRODUCTION The title of this essay is an homage to Ronald Coase's classic work, The Nature of the Firm, in which Professor Coase offered up a pithy but profound exposition [...]

Published
2020

2. Too Much, Too Soon: The High-Tech Cases Reveal Criminal Antitrust Enforcement Inappropriate for No-Poach and Wage Fixing.

Author

Lee, Tawanna

Subjects
High technology industry -- Laws, regulations and rules -- Contracts, Noncompete agreements -- Laws, regulations and rules, Public prosecutors -- Powers and duties, Wages and salaries -- Contracts -- Laws, regulations and rules, Antitrust law -- Evaluation, Discretion (Law) -- Laws, regulations and rules, Government regulation, Antitrust issue, Contract agreement, Salary, Sherman Act (15 U.S.C. 1)
Abstract

TABLE OF CONTENTS I. INTRODUCTION 199 II. THE COURT-FORMULATED ANALYTICAL SHORTCUT TO SECTION 1 SHERMAN ACT CLAIMS 201 A. The Court Limits the Use of Per Se Condemnation for "Pernicious" [...]

Published
2020

3. ACTUAL COMMITMENT TO COMPLIANCE WITH INTERNATIONAL LAW AND SUBSEQUENT SUPREME COURT OPINIONS: A REPLY TO PROFESSOR MOORE.

Author

Paust, Jordan J.

Subjects
Executive power -- Laws, regulations and rules, Judicial opinions -- Analysis, Treaties -- Interpretation and construction, International obligations -- Laws, regulations and rules, Legislative power -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Government regulation, United States Constitution (U.S. Const. art. 2, s. 3)
Abstract

I. INTRODUCTION II. PART I'S FLAWED METHODOLOGY A. Modern Professorial Debate and Unmoored Theory B. Actual Views of Founders and Framers and Trends in Judicial Decision III. Elusive Alleged "Violations" [...]

Published
2017

4. Are Discretionary Demotions, Layoffs, and Terminations Valid Reemployment Positions for Returning Veterans? Uncertain Applications of the Escalator Principle under the Uniformed Services Employment and Reemployment Rights Act.

Author

Harksen, Jacob C.

Subjects
Employee reinstatement -- Laws, regulations and rules -- Military aspects -- Remedies, Military personnel -- Laws, regulations and rules -- Employment, Discretion (Law) -- Laws, regulations and rules, Employment terminations -- Laws, regulations and rules -- Military aspects, Government regulation, Uniformed Services Employment and Reemployment Rights Act of 1994
Abstract

Introduction Suppose a widget manufacturer employs three machine operators: Allen, Brown, and Carr. All three have the same position, job title, and terms and conditions of employment. Allen and Brown [...]

Published
2017

5. When is a treatment considered medically necessary?

Author

Salkin, Barry L.

Subjects
Judicial review -- Laws, regulations and rules, Health insurance -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Government regulation, Patient Protection and Affordable Care Act, Employee Retirement Income Security Act of 1974
Abstract

The term medical necessity or medically necessary appears only three times in the Patient Protection and Affordable Care Act (ACA)--Section 2707, Section 520K, and Section 9007--and none of these sections [...]

Published
2017

6. Policy reform at the forefront of racial justice: the racial justice improvement project.

Author

Safiedine, Salma S., Komis, Jihad J., and Kulumani, Christine M.

Subjects
Race discrimination -- Laws, regulations and rules, Criminal procedure -- Evaluation, Discretion (Law) -- Laws, regulations and rules, Government regulation
Abstract

As the United States criminal justice system continues to grow and evolve, the need for appropriate policy regulation to increase efficiency and fairness becomes more evident. Legislation sets the fundamentals, [...]

Published
2016

7. How discretionary is a U.K. employer's discretion?

Author

Gwilliams, Ivor and Gorham, Simon

Subjects
Labor contracts -- Interpretation and construction, Employers -- Evaluation -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Braganza v. BP Shipping Ltd. (2015 U.K.S.C. 17), Government regulation
Abstract

The U.K courts have been wary of intervening in employers' decisions unless the decision has been made arbitrarily, capriciously, perversely or irrationally or in bad faith, and U.K employers have [...]

Published
2015

8. Two Recent Appellate Decisions Discuss Discretion And Privilege Clauses In A Competitive Bidding Process

Author

Martin, Jonathan

Subjects
Alberta. Court of Appeal -- Powers and duties, British Columbia. Court of Appeal -- Powers and duties, Competitive bidding -- Cases, Construction industry -- Cases, Privileges and immunities -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Company legal issue, Government regulation, Business, international
Abstract

The courts of appeal of British Columbia and Alberta have recently released decisions dealing with the effect of discretion and privilege clauses often used by owners in calls for competitive [...]

Published
2018

9. Federal duties require discretion before eviction.

Author

Baughman, Scott

Subjects
Unconscionable contracts -- Laws, regulations and rules, Eviction -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Government regulation
Abstract

Byline: Scott Baughman As a landlord, the government can evict a tenant from federally subsidized housing for certain bad acts of a third party, but only after exercising discretion required [...]

Published
2016

10. Landlord/tenant - public housing - summary ejectment - babysitter's drug dealing - landlord's discretion.

Author

Bruno, Teresa

Subjects
Tenancy -- Laws, regulations and rules, Illegal drugs -- Laws, regulations and rules, Eviction -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Government regulation
Abstract

Byline: Teresa Bruno, Opinions Editor Eastern Carolina Regional Housing Authority v. Lofton (Lawyers Weekly No. 010-034-16, 11 pp.) (Paul Newby, J.) (Sam Ervin IV, J., not participating) Appealed from Wayne [...]

Published
2016

11. BOP ordered to reconsider concurrent sentences.

Author

Elkins, Deborah

Subjects
Presumptions (Law) -- Laws, regulations and rules, Habeas corpus -- Laws, regulations and rules, Sentencing guidelines -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Mangum v. Hallembaek (No. 15-6134 (4th Cir. May 25, 2016)), Government regulation, Criminal Code (18 U.S.C. 3584(a)) (18 U.S.C. 3621(b))
Abstract

Byline: Deborah Elkins The 4th Circuit says a district court erred in overlooking the Bureau of Pris­on's abuse of discretion in denying a ha­beas petitioner a nunc pro tunc designa­tion [...]

Published
2016

12. Insurance - ERISA - plan administrator's discretion.

Author

Egan, Tom

Subjects
Group health insurance -- Laws, regulations and rules, Health services administrators -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Stephanie C. v. Blue Cross Blue Shield of Massachusetts HMO Blue, Inc. (No. 15-1531 (1st Cir. Feb. 17, 2016)), Government regulation, Employee Retirement Income Security Act of 1974
Abstract

Byline: Tom Egan Where the defendant claims administrator of a group health insurance plan denied payment for the room and board charges of Gateway Academy, where a plaintiff beneficiary's son [...]

Published
2016

13. No deliberate abuse of process.

Author

Elkins, Deborah

Subjects
Discovery abuse (Law) -- Laws, regulations and rules, Bias (Law) -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Republic Services of Virginia L.L.C. v. Candi (No. 0352-15-4 (Va. Ct. App. Oct. 27, 2015)), Government regulation
Abstract

Byline: Deborah Elkins Although a claimant seeking benefits for a knee injury failed to comply with an order compelling discovery responses and failed to appear at a commission hearing on [...]

Published
2015

14. Immigration - persecution - China - christianity.

Author

Egan, Tom

Subjects
Converts (Christianity) -- Laws, regulations and rules, Deportation -- Laws, regulations and rules, Motions (Law) -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Wang v. Lynch (No. 14-1845 (1st Cir. July 31, 2015))
Abstract

Byline: Tom Egan Where a Chinese petitioner moved in 2014 to reopen a 1998 removal order, an order denying the motion must be affirmed, as (1) the motion was untimely [...]

Published
2015

15. Immigration - persecution - China - christianity.

Author

Egan, Tom

Subjects
Converts (Christianity) -- Laws, regulations and rules, Deportation -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Motions (Law) -- Laws, regulations and rules, Wang v. Lynch (No. 14-1845 (1st Cir. July 31, 2015))
Abstract

Byline: Tom Egan Where a Chinese petitioner moved in 2014 to reopen a 1998 removal order, an order denying the motion must be affirmed, as (1) the motion was untimely [...]

Published
2015

16. Estoppel Versus Discretion: How Is The PTAB Deciding Multiple Petitions Against The Same Patent?

Author

Maebius, Stephen

Subjects
United States. Patent and Trademark Office -- Powers and duties, Estoppel -- Laws, regulations and rules, Patentability -- Laws, regulations and rules, Patents -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Patent law -- Interpretation and construction, Business, international
Abstract

The PTAB has denied petitions filed by the same petitioner against the same claims, even where the subsequent petition relied upon completely different prior art (IPR2014-00506), reasoning that a petitioner [...]

Published
2015

17. Sustainable growth rate legislation refines civil monetary penalties for gainsharing

Author

Pereira, Alix

Subjects
Medical care quality -- Laws, regulations and rules, Medical fees -- Laws, regulations and rules, Gain sharing -- Laws, regulations and rules, Discretion (Law) -- Laws, regulations and rules, Government regulation, Law, Medicare Access and CHIP Reauthorization Act of 2015
Abstract

On April 16, 2015, President Obama signed into law the highly anticipated Medicare Access and CHIP Reauthorization Act of 2015 (MACRA), which, among other things, repealed Medicare's controversial sustainable growth [...]

Published
2015

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