justification for promotion

8686 results for justification for promotion

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  • 521 U.S. 702 (1997), 96-110, Washington v. Glucksberg

    ... important and legitimate, and the law at issue is at least reasonably related to their promotion and protection. Pp. 728-735. 79 F.3d 790, reversed and remanded.         Rehnquist, C. J., ... law, even the touching of one person by another without consent and without legal justification was a battery." Ibid. We then discussed the related rule that "informed consent is generally ...

  • Love, Loyalty and the Louisiana Civil Code: Rules, Standards and Hybrid Discretion in a Mixed Jurisdiction

    Introduction. I. Preliminary Title: Thinking about Rules and Standards. A. Rule Based Decision Making. B. Standard Based Decision Making. C. Rationales for Rules and Standards. 1. Justification #1: Fairness. 2. Justification #2: Efficiency. 3. Justification #3: Promotion of Democratic Governance. II. Book One: Marriage and Divorce. A. Entrance into Marriage. B. Matrimonial Regimes and Community...

  • Dworkinian Antitrust

    In this paper we offer a jurisprudential explanation of the structure and evolution of antitrust law, arguing that it provides the best example of Ronald Dworkin's famous theory of integrity in action. Dworkin's jurisprudence describes antitrust law strikingly well because it chooses right answers by considering what guiding principle best fits and justifies the relevant law. In antitrust, the...

  • 390 F.3d 695 (11th Cir. 2004), 03-12230, Cooper v. Southern Co.

    ...§ 1981 ("Section 1981"). The plaintiffs claimed discrimination in promotions and compensation, and sought declaratory and injunctive relief, back pay, and compensatory and ... 37(c) (1) of the Federal Rules of Civil Procedure, a party "that without substantial justification fails to disclose information required by Rule 26(a) or 26(e) (1).. is not, unless such failure is ...

  • 515 U.S. 753 (1995), 94-780, Capitol Square Review & Advisory Bd. v. Pinette

    ... Souter and Justice Breyer, concluded that the State has not presented a compelling justification for denying respondents' permit. Pp. 772-783. . (a) The endorsement test supplies an appropriate ...Our cases have accordingly equated "endorsement" with "promotion" or "favoritism." Allegheny, supra, at 593 (citing cases). We find it peculiar to say that ...

  • 491 U.S. 164 (1989), 87-107, Patterson v. McLean Credit Union

    ...The court instructed the jury, inter alia, that, in order to prevail on her promotion discrimination claim, petitioner had to prove that she was better qualified than the white employee ... decisis compels the Court to adhere to that interpretation, absent some "special justification" not to do so. The burden borne by a party advocating the abandonment of an established precedent ...

  • 405 U.S. 596 (1972), 70-82, United States v. Topco Associates, Inc.

    ... . sense, destruction of competition in one sector of the economy against promotion" of competition in another sector is one important reason we have formulated per se rules.    \xC2"... task, but we should not abdicate that role by formulation of per se rules with no justification other than the enhancement of predictability and the reduction of judicial investigation. Second, ...

  • 430 U.S. 762 (1977), 75-5952, Trimble v. Gordon

    ... endorse the reasoning of the Illinois Supreme Court, and suggest additional justifications for the statute. In weighing the constitutional sufficiency of these justifications, we are guided ...   The Illinois Supreme Court relied in part on the State's purported interest in "the promotion of [legitimate] family relationships." 61 Ill.2d at 48, 329 N.E.2d at 238. Although the court noted ...

  • 532 U.S. 67 (2001), 99-936, Ferguson v. Charleston

    ...602(1989), for United States Customs Service employees seeking promotion to certain sensitive positions, Treasury Employees v. Von Raab, 489 U.S. 656 (1989), and for high ... cases and this one, however, lies in the nature of the "special need" asserted as justification for the warrantless searches. In each of those earlier cases, the "special need" that was advanced ...

  • 290 F.3d 639 (4th Cir. 2002), 01-1338, Dennis v. Columbia Colleton Medical Center, Inc.

    ...In June 1997, Dennis was passed over for promotion to the position of registration supervisor in favor of an outside candidate, Johnny Bridge. Dennis ...First, she provided evidence that Hiott offered inconsistent justifications for his promotion of Bridge. At deposition, Hiott claimed that it was only Bridge's managerial ...

  • 487 U.S. 977 (1988), 86-6139, Watson v. Fort Worth Bank & Trust

    ...  Petitioner employee, who is black, was rejected in favor of white applicants for four promotions to supervisory positions in respondent bank, which had not developed precise and formal selection ... any such intent -- which it can do by offering any legitimate, nondiscriminatory justification. Such a justification is simply not enough to legitimize a practice that has the effect of ...

  • 458 U.S. 718 (1982), 81-406, Mississippi University for Women v. Hogan

    ... the basis of their gender must carry the burden of showing an "exceedingly persuasive justification" for the classification. Kirchberg v. Feenstra , 450 U.S. 455, 461; Personnel Administrator of ... that, because women were barred from combat duty, they had had fewer opportunities for promotion than had their male counterparts. By allowing. . women an additional four years to reach a ...

  • 489 U.S. 656 (1989), 86-1879, National Treasury Employees Union v. Von Raab

    ...-screening program requiring urinalysis tests of Service employees seeking transfer or promotion to positions having a direct involvement in drug interdiction or requiring the incumbent to carry ... . substantial, the need to prevent its occurrence furnishes an ample justification for reasonable searches calculated to advance the Government's goal. 3 . .         We ...

  • 433 U.S. 36 (1977), 76-15, Continental T.V., Inc. v. GTE Sylvania, Inc.

    ...Pp. 42-47.         2. The justification and standard for the creation of per se rules was stated in Northern Pac. R. Co. v. United ... transactions reflected the view that the restrictions have too great potential for the promotion of interbrand competition to justify complete prohibition. 22 . . The Court's opinion provides ...

  • 490 U.S. 642 (1989), 87-1387, Ward's Cove Packing Co., Inc. v. Atonio

    ... the Civil Rights Act of 1964, alleging, inter alia, that various of petitioners' hiring/promotion practices were responsible for the workforce's racial stratification and had denied them employment ... of petitioners' practices, the burden of producing evidence of a legitimate business justification for those practices will shift to petitioners, but the burden of persuasion will remain with ...

  • 424 U.S. 747 (1976), 74-728, Franks v. Bowman Transportation Co., Inc.

    ... would have earned but for the wrongful treatment would also seem necessary absent justification for denying that relief. Without a seniority award dating from the time when he was ... Under Fair Employment Laws: A General Approach to Objective Criteria of Hiring and Promotion, 82 Harv.L.Rev. 1598, 1632 (1969); Stacy, Title VII Seniority Remedies in a Time of Economic ...

  • 494 U.S. 325 (1990), 88-1369, Maryland v. Buie

    ...Second, the justification for the search incident to arrest in Chimel was the threat posed by the arrestee, not the safety ... we have balanced the intrusion on the individual's Fourth Amendment interests against its promotion of legitimate governmental interests. United States v. Villamonte-Marquez , 462 U.S. 579, 588 ...

  • __ U.S. __ (2014), 13-132, Riley v. California

    ... upon an individual's privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests." Wyoming . v. Houghton , 526 U.S. 295, 300, 119 S.Ct. ... availability of the exigent circumstances exception may give law enforcement a justification for a warrantless search in particular cases. Pp. 25-27. .          No. 13-132, reversed ...

  • 468 U.S. 85 (1984), 83-271, National Collegiate Athletic Association v. Board of Regents

    ... anticompetitive limitation on price and output was not offset by any procompetitive justifications sufficient to save the plan, even when the totality of the circumstances was examined. ... at 692. Broadly read, these statements suggest that noneconomic values like the promotion of amateurism and fundamental educational objectives could not save the television plan from ...

  • 460 U.S. 730 (1983), 81-419, Texas v. Brown

    ... seizure of a suspicious item when the officer's access to the item has some prior justification under the Fourth Amendment. This rule merely reflects an application of the Fourth Amendment's .... . Fourth Amendment interests against its promotion of legitimate [103 S.Ct. 1542] governmental interests. .          Delaware v. Prouse, 440 ...

  • 487 F.3d 208 (4th Cir. 2007), 06-1309, Holland v. Washington Homes, Inc.

    ... to sell in Kingsview and that he was denied the opportunity to participate in a company promotion during this period.          In January 2002, Holland was reassigned to the. ... facie case, combined with sufficient evidence to find that the employer's asserted justification is false, may permit the trier of fact to conclude that the employer unlawfully discriminated." ...

  • 462 U.S. 640 (1983), 81-1859, Illinois v. Lafayette

    ... procedure at a police station incident to booking and jailing the suspect.  The justification for such searches does not rest on probable cause, and hence the absence of a warrant is immaterial ... must "balanc[e] its intrusion on the individual's Fourth Amendment interests against its promotion of legitimate governmental interests."  Delaware v. Prouse, 440 U.S. 648, 654, 99 S.Ct. 1391, ...

  • 512 U.S. 43 (1994), 92-1856, City of Ladue v. Gilleo

    ...Moreover, whereas in Linmark we noted that the ordinance was not concerned with the promotion of esthetic values unrelated to the content of the prohibited speech, id., at 93-94, here Ladue elies squarely on that content-neutral justification for its ordinance.         In Metromedia, we reviewed an ordinance imposing substantial ...

  • 229 F.3d 1012 (11th Cir. 2000), 97-8838, Chapman v AI Transport

    ...That position statement described Chapman's transfer to the position of SIR Manager as a promotion. The defendants later admitted that the transfer was actually a lateral move. Esther Kornblau, ... facie case, combined with sufficient evidence to find that the employer's asserted justification is false, may permit the trier of fact to conclude that the employer unlawfully discriminated. ...

  • 843 F.3d 129 (3rd Cir. 2016), 16-2492, Carroll v. Delaware River Port Authority

    ... may raise a plaintiff's lack of qualifications as a. nondiscriminatory justification for declining to promote the. plaintiff, notwithstanding his or her military service. . ... rehabilitation, Carroll applied to the Port Authority for a. promotion to the rank of sergeant. Although he was. interviewed in both 2010 and 2012, he was not ...