"Arbitrary and capricious" Shortly thereafter, Uber filed a lawsuit challenging the city's rulemaking authority, calling it "arbitrary and capricious" and inconsistent with "fundamental labor laws," according to court documents.
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Unlike the driver who expects ... Who is capricious, right?
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But its capricious moods are rendered with a deft touch.
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Musk's capricious nature is also wearing thin with some shareholders.
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The bottom line figures are going to be totally capricious.
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S. businesses appear spooked by the president's capricious trade policy.
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They're slapdash, arbitrary, and capricious products of racism and jingoism.
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The damage along the coast was extensive but also capricious.
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Wine prices are also infamously capricious, often decoupled from quality.
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The fees felt arbitrary and capricious, but they are common.
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His undoing of net neutrality was capricious, irrational, and unpopular.
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Second, one's word must be kept, and not be capricious.
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Winds are capricious in California, and often hot, even at night.
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Better a capricious tax, it seems, than missing the deficit target.
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The government came across as politically capricious and unsure of itself.
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Their rules tend to be opaque and their enforcement is capricious.
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And it's somewhat capricious in terms of which ones get broken.
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But the MMA gods are not merely cruel; they're also capricious.
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The differences from one painting to another seem capricious and meaningless.
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Laura Carmichael is convincing as the capricious and self-absorbed mistress.
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But what if the analyses themselves are increasingly arbitrary and capricious?
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As we are witnessing in the political climate, policy is capricious.
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The city's residents now face episodic warfare and increasingly capricious attacks.
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The trunk of a tree is immovable; the foliage is capricious.
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Hasselman's use of the phrase "arbitrary and capricious" was very deliberate.
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They argued that the new policy was arbitrary, capricious and illegal.
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But ultimately, memory isn't the capricious, fragmenting prism of classic Stoppard.
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What if Mr Kim sees the American government as crazy and capricious?
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But investors are warned off by the capricious way he takes decisions.
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And third, the law prohibits government action that is arbitrary or capricious.
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Some wonder if talks could proceed faster without the capricious Mr Dhlakama.
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Are you alarmed by the capricious, seemingly unconsidered nature of this decision?
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" The court ruled that DeVos's actions were "unlawful" and "arbitrary and capricious.
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They seek diversification to insulate themselves from wild, often-capricious market fluctuations.
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They are arbitrary and capricious, reflecting the daily whims of Donald Trump.
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A way to combat the capricious and biased nature of human decisions.
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His capricious approach makes a mockery of our laws and deliberative process.
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Is it a capricious world, where cities are destroyed for no reason?
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Unfortunately, these companies are hindered by cumbersome, confusing, and capricious governance practices.
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" The decision not to list, the judge wrote, "was arbitrary and capricious.
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The series has been almost as capricious as any in recent memory.
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For nearly six years you have cultivated a reputation for capricious brutality.
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As a presidential nominee, Trump would likely continue to be flighty and capricious.
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And the reason cannot be as capricious as a firing on "The Apprentice".
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There's the swinging pendulum, who grows increasingly capricious across a couple of variations.
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We settle these things in one night, no matter how capricious the means.
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This sounds more like the arbitrary and capricious government most Republican object to.
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The most unpredictable aspect of a British Grand Prix is the capricious weather.
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"They have always been somewhat subjective, arbitrary, capricious, befuddling, and bemusing," he said.
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A substantial amount of my energy is spent dealing with its capricious nature.
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Our nation was founded in a rejection of the capricious usurpation of power.
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The bankability of the leading man has always been both predictable and capricious.
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The department's decision to delay the rule was "arbitrary and capricious," he wrote.
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It's telling that YouTube's biggest star portrayed the platform as distant and capricious.
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But some delivery firm owners claim Amazon's termination decisions are capricious and inconsistent.
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But that was before Russia's capricious and aggressive law-enforcement system got involved.
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But for parents like Ms. Hernández, the cuts feel both catastrophic and capricious.
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Not to mention administrative law requirements that protect against "arbitrary and capricious" actions.
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It will be a curious spectacle, revealing how capricious American politics can be.
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Capricious winds could carry deadly agents back on users, infecting troops and citizens.
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The show-stealer is Shalini's mercurial mother, an "outrageous queen" of capricious gestures.
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" The White House Correspondents' Association issued a statement calling the administration's move "capricious.
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Through wild, seemingly capricious abstraction, they became purveyors of a particularly calculated criticism.
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Trump's capricious use of power to denigrate and even endanger his critics must end.
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Medium's biggest challenge, according to many of these sources: its capricious founder and CEO.
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Nonetheless, recent ICE enforcement actions under Mr Homan's leadership appear ill-timed and capricious.
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The longest-lived wines, some of which last half a century, are particularly capricious.
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This was not the capricious choice of a freckle-faced teenager, which she is.
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We're rebelling against laws we don't control and are capricious to say the least.
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These bodies should also begin investigating the arbitrary and capricious discharge of noncitizen recruits.
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The stock market's capricious behavior cannot be traced to a single factor, of course.
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Even on matters of near-perfect moral clarity, he is often transactional and capricious.
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But that was before Russia's notoriously capricious and aggressive law-enforcement system got involved.
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Daniel Pantaleo's lawsuit, filed Wednesday, argues his ouster was "arbitrary and capricious," USA Today reports.
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Using the dollar as a bludgeon has already led to capricious and arbitrary decision-making.
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Given those deficiencies, Mr Ross's move was "arbitrary and capricious", in violation of administrative law.
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The slowking4 episode further exposes how capricious Wikipedia's article creation and deletion process can be.
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They argued the FCC's move was "arbitrary and capricious" and violated the Administrative Procedures Act.
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Katrin, a cynical and capricious queen bee, is beautiful and more than a little cruel.
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The article included anecdotes about Neumann's substance use and seemingly capricious and chaotic management style.
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But his inexperience, and Trump's capricious nature mean that Macron may be playing with fire.
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This is a textbook example of "arbitrary and capricious" conduct — exactly what the law prohibits.
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And many Canadians are wary of what they consider President Trump's capricious view of Canada.
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This proved to be a much more efficient means of fertilization than capricious air currents.
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In fact, I soon saw that the advice could be capricious: Live by strict rules.
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But Karem and Boutrous are likely to argue that the White House action was capricious.
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These decisions can be capricious at best and calculated camouflages for ulterior motives at worst.
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That worked for about half a century to sober the Soviet Union, deterring capricious leaders.
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Second, the capricious enforcement by the IRS of current law lacks transparency and clear interpretation.
|
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But capricious, erratic and fundamentally contradictory public policy views can lead to catastrophic, unintended consequences.
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His outsize personality, capricious decision making and tumultuous management style consistently put him center stage.
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The source material for the film is "Fingersmith", Sarah Waters' capricious and capacious novel from 2002.
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When few cases are tested in trials, police may become sloppy, lawyers lazy and judges capricious.
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And even though those weddings are worth north of $30,000 on average, this money is capricious.
|
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As Mark Joseph Stern writes for Slate, this sets a precedent of using an arbitrary, capricious
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These capricious decisions created significant uncertainty for insurers which, in turn, increased premiums by double digits.
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When courts review agency decisions, they strike down those made in an "arbitrary and capricious" fashion.
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It requires that Federal agencies may not be "arbitrary and capricious" in changing or nixing regulations.
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In the context of baseball free agency, it is fickle, capricious, circumstantial and, above all, nonlinear.
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The North Korean government — however poor, paranoid and apparently volatile — is anything but capricious or unpredictable.
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Curiously, both stories were written pre-"Middlesex": "Air Mail" in 1996 and "Capricious Gardens" in 1988.
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Sometimes they will reward those who please them, but they can also be capricious and spiteful.
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"'We don't like the person or their politics,' would be arbitrary and capricious," Mr. Sandler said.
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These days we know that we have winters that are increasingly difficult, more and more capricious.
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" Bridgeton Landfill disagrees with the EPA's plan, calling the agency's decision to excavate "arbitrary and capricious.
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But this only enhanced the notion of the play as a work of capricious, tortured memory.
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Challengers argue that the rescission was "arbitrary and capricious" in violation of the Administrative Procedure Act.
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On the ground, these programs can make Israeli offers of help seem somewhat arbitrary and capricious.
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"Federal Defendants' decision not to initiate the NEPA process proves arbitrary and capricious," Judge Morris wrote.
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He could be a capricious and despotic critic, whose judgments were beyond appeal and often feared.
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Thus, a kind of capricious religious-intellectual sensation is established with tonal considerations of social-political conflict.
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The Administrative Procedures Act (APA) says government agencies may not be "arbitrary and capricious" when changing regulations.
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These trade rules were designed precisely to stop the arbitrary and capricious behavior that Trump is proposing.
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But we respect that the other is not being capricious about those things, so it works out.
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The procedure act prohibits actions by federal agencies that are arbitrary, capricious or an abuse of discretion.
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Worse, changing the menu to serve her capricious desires risked alienating the chain's older, more conservative patrons.
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Chutkan agreed, calling the Trump administration's decision to reverse the rule "arbitrary and capricious," according to Reuters.
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"Distribution is often erratic and is subject to corruption and capricious political interference," the World Bank said.
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Regulations and codes require a standard that can be upheld, otherwise decisions can be arbitrary and capricious.
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Many Zimbabweans rejoiced to be rid of a capricious tyrant with no interest in true democratic rule.
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And there is nothing capricious about the way that alien criminals are removed from the United States.
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In such a society, with such an unbalanced and capricious king, could not another Haman easily arise?
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CK: ... who is capricious and expects you to actually execute exactly like he or she does. Right.
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American administrations forged rules governing disputes, enabling countries to trade with diminished fear of capricious political intervention.
|
|
" In September, a federal judge ruled that Ms. DeVos's delay was illegal, calling it "arbitrary and capricious.
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|
The fire there was capricious in that way of natural disasters, one home taken but another spared.
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But if the politics and governance this unleashes remains predatory, discriminatory and capricious, the gains are ephemeral.
|
|
The sense of circularity, at once fated and capricious, proves representative, as do the intimations of mortality.
|
|
Still, it's a reminder of the capricious and secretive government to which Facebook users have pledged allegiance.
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"This government acts in a manner that is almost the definition of arbitrary and capricious," he said.
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Capricious enforcement of otherwise pointless rules leading up to a chaotic election day can do the trick, too.
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The equal-protection claim was based on Mr Trump's rather capricious choice of countries in his executive order.
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The internet is a capricious beast; someone can go from deified to vilified in a matter of minutes.
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When the Department of Homeland Security rolled back DACA, its action was "arbitrary and capricious", Judge Alsup wrote.
|
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Given those deficiencies, he found Mr Ross's move to be "arbitrary and capricious", in violation of administrative law.
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An Asian order sculpted by China would be more capricious and suffocating than anything Mr Trump could devise.
|
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In the words of the APA, agencies may not alter rules for reasons that are "arbitrary and capricious".
|
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They argue the FCC ran afoul of federal law prohibits federal agencies from passing "arbitrary or capricious" regulations.
|
|
While taste might be capricious, there are a few overarching qualities that Lowe said will inevitably confer value.
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Unless a statute requires a different standard, review occurs under the Administrative Procedure Act's "arbitrary and capricious" standard.
|
|
Uros Seljak, who directs U.C. Berkeley's department of astronomy and physics, warned that private foundations can be capricious.
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All three courts found that the repeal was "arbitrary and capricious" in violation of the Administrative Procedure Act.
|
|
Similarly, U.S. investigations are often disrupted by lengthy and capricious responses to MLAT requests from the U.S. government.
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"This has got to be one of the more arbitrary and capricious potential prosecutions I've seen," Cramer said.
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Our democratic system allows lobbyists to advocate for causes that are completely irresponsible, capricious, or even life-threatening.
|
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"EPA's action was arbitrary and capricious in any event," the ruling by two judges on the court said.
|
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Any court would hold that such an agency action is arbitrary, capricious and not in accordance with law.
|
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Of course, as we all now know, Trump's unitary, capricious attempts at diplomacy are a double-edged sword.
|
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From a distance, they seem like a cliche of abstraction, meshing inhuman structures with the capricious human mark.
|
|
But research shows that algorithms are powerful tools for combating the capricious and biased nature of human decisions.
|
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But blocking the rule remains an administration priority, no matter how arbitrary, capricious and harmful that would be.
|
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But it is important to remember that managerial careers are brief, opportunities are fleeting, and fate is capricious.
|
|
He has become a guru of sorts, and his views have grown correspondingly capricious—even perverse at times.
|
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Judge Blake granted the City's motion for summary judgment, ruling that HHS's decision-making was arbitrary and capricious.
|
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But the states believe this denial was arbitrary and capricious, and violated the EPA's obligations under the TSCA.
|
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The most likely argument: that the commission's decision violates federal laws barring agencies from crafting "arbitrary and capricious" regulations.
|
|
Politics is a strange a capricious beast, but few political processes are as odd and arcane as the caucuses.
|
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If the ATF makes any missteps in the rulemaking process, it could be accused of arbitrary and capricious rulemaking.
|
|
What business leaders see, analysts say, is a punitive approach that is capricious, aggressive and at times ill-prepared.
|
|
FORT MCMURRAY, Alberta (Reuters) - The wildfire that swept through the Canadian city of Fort McMurray blazed a capricious trail.
|
|
And, although Jeff Bezos nor Donald Trump will appreciate the comparison, an ultimate arbiter who becomes capricious when criticized.
|
|
OSHA's action, findings, and conclusions are arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law.
|
|
"It seems incredibly hard to justify or explain that this is anything other than arbitrary or capricious," said Weaver.
|
|
Trump thrives on inconsistency, a capricious unpredictability typical of a yard bully, which he threatens to employ against Kim.
|
|
A combination of rising costs, crippling taxation, capricious regulation and widespread corruption has started to inhibit China's economic growth.
|
|
Ferguson called the policy "arbitrary and capricious" and "irrationally discriminatory" because it targets individuals near the southern U.S. border.
|
|
It argues the census question is unconstitutional and is arbitrary and capricious in violation of the Administrative Procedure Act.
|
|
"Any agency action must meet a high bar for ensuring the action taken isn't arbitrary and capricious," he said.
|
|
The Fed's policy compass is swinging wildly, working hard to offset the fallout from the president's capricious trade decisions.
|
|
No longer are they at the mercy of a capricious board that can reject a prospective buyer, just because.
|
|
So, if you've ever called someone MERCURIAL or "capricious," know that the word was named after the PLANET Mercury.
|
|
The stars and creators shared how they made movie magic out of a tiny budget and capricious Viennese trains.
|
|
Challengers and several courts have said the rollback was "arbitrary and capricious", in violation of the Administrative Procedures Act.
|
|
He concluded that people make themselves miserable when they pursue nothing more than their "fleeting, capricious and insatiable" desires.
|
|
Four Supreme Court liberals wanted to block Ross's addition of the question as "arbitrary and capricious," but Roberts disagreed.
|
|
Despite this capricious and punitive asylum system, paroled asylum-seeking family members do mostly come back to court for hearings.
|
|
The requirement that agencies not take action that is "arbitrary and capricious" leaves plenty of room for legitimate executive discretion.
|
|
Nothing will make you hate humans—capricious, volatile, unplanned, erratic humans—like sitting in the back of self-driving car.
|
|
This is true even when, as with software, the capricious vagaries of physical reality have already largely been abstracted out.
|
|
Mr Cliff does well, despite some musical infelicities, to describe the big game of culture wars and Khrushchev's capricious adventurism.
|
|
An appeals court struck down the restriction calling them "arbitrary and capricious" -- a ruling welcomed by the American Beverage Association.
|
|
If its cancelation is "arbitrary and capricious" or without sound basis, it may violate the Administrative Procedures Act (the APA).
|
|
He would question them, pulling apart various flaws in their arguments (or, in later seasons, following his own capricious whims).
|
|
Regulators aren't allowed to make rules that are "arbitrary and capricious" and the FCC's opponents say that's exactly what happened.
|
|
While the commission is allowed to change its mind, it isn't allowed to change rules for "arbitrary and capricious" reasons.
|
|
It was classic Jammeh: impulsive, capricious and generous with his pocket, at least when he was in the right mood.
|
|
Yet his capricious reversal on a key foreign policy issue and his lack of strategic thinking remains the bigger concern.
|
|
The suit will say Trump's decision on DACA is arbitrary and capricious, allegations that would violate the Administrative Procedure Act.
|
|
"It is deeply regrettable that the U.S. has been capricious, escalated the tensions, and provoked a trade war," he said.
|
|
"It is deeply regrettable that the U.S. has been capricious, escalated the tensions, and provoked a trade war," Gao said.
|
|
Think of it as an insurance policy against the capricious way men in power have treated women's sports for decades.
|
|
State Farm, a decision to rescind is subject to the same "arbitrary and capricious" test applied to the rule's promulgation.
|
|
Facebook's decisions about what people should be allowed to post are not only arbitrary, but also capricious and self-serving.
|
|
"It's usually not a capricious decision by the association or the club to dress up its facilities," Mr. Burnett said.
|
|
He also said the agency's analysis of threats to the animal was "arbitrary and capricious," according to the judge's decision.
|
|
But even this highly sophisticated method will, owing to the capricious whims of chance, eventually cast suspicion on the innocent.
|
|
The aftereffect of President Trump's capricious move will also be felt far beyond the border area of Syria and Turkey.
|
|
In "The Elements of Style," the images coat the volume with a layer of capricious artistic intervention blind to regulation.
|
|
For its part, Facebook has defended its actions in court filings, calling the IRS&apos conclusions "arbitrary, capricious, or unreasonable."
|
|
Judge Randolph D. Moss, a federal judge in Washington, D.C., said on Wednesday the Department's action was arbitrary and capricious.
|
|
That is something Mr. Buffett has criticized, saying the rule would cause "wild and capricious" swings in Berkshire's bottom line.
|
|
A couple of years go by, and Willie is growing into a cute, if capricious — seriously, what a diva — little toddler.
|
|
Instead, governments are tilting towards policies that may involve capricious, arbitrary rules or have disproportionate effects on broader public policy goals.
|
|
It also means that admins can set arbitrary, capricious, and hilarious rules that contribute to the overall ~vibe~ of a place.
|
|
FORT MCMURRAY, Alberta, May 9 (Reuters) - The wildfire that swept through the Canadian city of Fort McMurray blazed a capricious trail.
|
|
He plays Alan, Nadia's new comrade in mystery-solving, and his breathless performance is the perfect antidote to Lyonne's capricious one.
|
|
"We are saddened by this whimsical and capricious display of vindictiveness," said the chairman of the commission, Jose Luis Martin Gascon.
|
|
"This is another reminder of the capricious, arbitrary, and utterly opaque nature of online censorship in India," Prakash told BuzzFeed News.
|
|
The most recent ruling, from Judge John Bates, called the move "arbitrary and capricious" in violation of the Administrative Procedure Act.
|
|
WORK is like a capricious lover whose incessant demands are resented but who is missed terribly when they are not there.
|
|
Worries over "threatened litigation over DACA's validity...was so implausible that it fails even under the deferential arbitrary and capricious standard".
|
|
Taking #Florida off the table for offshore drilling but not #California violates the legal standard of arbitrary and capricious agency action.
|
|
"EPA's decision to impose a stay, in other words, was 'arbitrary, capricious, (and) ... in excess of (its) ... statutory ... authority,'" they wrote.
|
|
"The capricious enforcement of this order is likely to heighten its harmful effects and present legal and constitutional issues," he added.
|
|
" He urged that the U.S. must be "a steadfast ally rather than an erratic and capricious partner given to moral posturing.
|
|
The result is that Tillerson lacks the domestic power base and strong persona that could insulate him from Trump's capricious nature.
|
|
Nevertheless, the speed of his departure, after the showing and selling of a single collection, highlights how capricious fashion has become.
|
|
After the Second World War, the Tube suffered neglect and deterioration, a victim of capricious, bare-minimum, politics-driven public budgets.
|
|
" In January, a judge in Minnesota found that Castle Rock Township's rejection of a proposed Muslim cemetery was "arbitrary and capricious.
|
|
The public imagination paints them as capricious storms of violence that appear as quickly as they churn through the news cycle.
|
|
Greene says one of the issues that researchers/hackers have with these programs is that the payment system can be capricious.
|
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Many merchants cannot find a way to eliminate the screens and still comply with Visa's arbitrary and capricious merchant operating rules.
|
|
Was the Trump administration's decision to add a citizenship question to the Census "arbitrary and capricious," violating the Administrative Procedure Act?
|
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The circumstances that put Olga where she is and me where I am are random, capricious and in many ways cruel.
|
|
He seems a demagogue of a familiar modern type, but far less coherent and more capricious than most of his predecessors.
|
|
Critics have argued that the play is greater for these inconsistencies — more vast, as capricious and real as the world itself.
|
|
Even the president's most dedicated enablers scan the sky warily, awaiting today's cyclone, the next reckless, capricious twist of the plot.
|
|
The rise of social practices, and of collaborative endeavors in particular, makes even attempting to judge an art prize seem capricious.
|
|
" Margot doesn't want to seem spoiled or capricious, so she takes a sip of whiskey to "bludgeon her resistance into submission.
|
|
Instead, China, like Russia sees a tottering, erratic U.S. led by a capricious and unsteady president and consumed by domestic gridlock.
|
|
The capricious workings of the Nigerian political space make it difficult to make distinctions among the contenders and their political entities.
|
|
True contact comes in the unparalleled relationship with nature—a force that is as beautiful as it is psychotic and capricious.
|
|
Jerry McNerney called the "secretive and capricious nature" of the waivers that largely keep recipients a secret due to business confidentiality concerns.
|
|
The dispute: CNN says that by revoking Acosta's hard pass, the Secret Service's actions were "arbitrary and capricious," which violates the act.
|
|
As for the arbitrary and capricious allegation, the FCC merely reiterates that all its decisions were reasonable as justified at the time.
|
|
The employee described him as a capricious figure who was quick to blame any problems on the "dark forces" arrayed against him.
|
|
Most nights we had a full posse of eight, and would dish out justice as we saw it in a capricious manner.
|
|
He soon relented and appointed a third finance minister, whom investors trust, but the episode solidified his reputation for capricious decision-making.
|
|
A lot can change, both within the framework of the band itself and the fabric of an ever-fickle, capricious music industry.
|
|
It's a humiliating reminder of how the promise of fame (and its equally capricious twin, fortune) can cloud even the clearest eyes.
|
|
"Capricious policies make for volatile markets," Jack Ablin, chief investment officer of Cresset Wealth Advisors, said regarding Trump's latest statement on tariffs.
|
|
"EPA's unjustified delay harms the nation's hundreds of thousands of farmworkers and their families, and is arbitrary and capricious," reads the suit.
|
|
"EPA's unjustified delay harms the nation's hundreds of thousands of farmworkers and their families, and is arbitrary and capricious," reads the suit.
|
|
He has always had an ownership mentality, whereas many investors fixate on price, which leaves them vulnerable to short, capricious market swings.
|
|
The Hammonds and Bundy tapped into a longstanding reservoir of anger and skepticism over the federal government's seemingly capricious use of power.
|
|
The deduction is complicated, makes capricious distinctions and provides an overwhelming share of its benefits to households with incomes above $39.63 million.
|
|
Buffett said the rule could lead to "wild and capricious" results and can mislead investors, who should look at operating profit instead.
|
|
"Because EPA has not engaged in reasoned decision-making, its promulgation of the delay rule is arbitrary and capricious," the judges said.
|
|
But fate is capricious and, when we're on the last leg of the road, I see Rafael standing next to his bicycle.
|
|
It's named for the Hawaiian volcano goddess Pelehonuamea, or Pele—a capricious deity who, according to legend, resides in Kilauea's Halemaʻumaʻu crater.
|
|
The Nuzlocke Challenge is a way to revive that feeling by making these new connections as transient and capricious as life itself.
|
|
The outside world is cruel, capricious, inhospitable; only when the sisters lock themselves inside their crumbling castle can they truly be free.
|
|
Why should I respect a capricious, mean-minded, stupid God who creates a world which is so full of injustice and pain?
|
|
Instead, they blame the International Olympic Committee, the organization that barred their best competitors and that they consider both corrupt and capricious.
|
|
Thanks to the "God powers" given to Australia's immigration ministers, Mr. Dutton can make an already opaque immigration system even more capricious.
|
|
Or at least they used to, before they became the party of Trump — of his nativism, demagoguery, and penchant for capricious cruelty.
|
|
Streitfeld's article shows that Amazon's transition from "we'll sell anything!" to "we're getting rid of inappropriate books" is vague and apparently capricious.
|
|
"The Final Rule is not arbitrary and capricious because HHS properly examined the relevant considerations and gave reasonable explanations," the court ruled.
|
|
She is the author of the books Anyone Telling Anything Is Telling That Thing (Printed Matter, 2013) and Hustlers (Capricious Publishing, 2014).
|
|
The exclusion of grandparents seemed particularly capricious and nonsensical, as did the allowance of a sibling, say, but not that sibling's spouse.
|
|
The judge said the administration's grant of a veto power is 'arbitrary and capricious as well as inherently susceptible to hidden bias.
|
|
"This strongly supports the argument that the decision to terminate for these three countries at least was arbitrary and capricious," he said.
|
|
Besides, several pointed out, even before he faced impeachment proceedings, Trump's capricious approach to the rest of the planet was doing damage.
|
|
The NFL is arbitrary and capricious and run by a guy who makes decisions based on which way the wind is blowing.
|
|
But perhaps their key explanation is that the FBI needs a director who will apply the law independent of Trump's capricious whims.
|
|
The penalty was applied in an arbitrary and capricious manner, violating the Eighth Amendment bar on "cruel and unusual punishments", the justices held.
|
|
One ongoing lawsuit argues the FCC was unreasonable and capricious in repealing the rules, and hopes to reinstate the rules on those grounds.
|
|
Moreover, it claims, the rule violates the Administrative Procedure Act because it is "arbitrary and capricious" and exceeds the Census Bureau's statutory authority.
|
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They have three options: find a way of cleaning up coal, build batteries capable of storing energy from capricious renewables, or go nuclear.
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These less capricious businesses have been surprisingly stable even as market-making revenue has fallen and Goldman's own investment bets have flopped around.
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"Look, if someone does something that Trump doesn't like, he will be capricious on an ad hoc process and overrule people," said Lewis.
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Some might say this is an opportunity for public officials to rescue voters from their own, possibly less informed and more capricious, opinions.
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The high inflation and capricious currency policies of the post-default years meant Argentines did not trust the peso to hold its value.
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The Equal Employment Opportunity Commission, a federal agency, holds that civil-rights laws bar capricious mistreatment of people based on their gender identity.
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While it's difficult to know what the capricious Trump will actually do, Levie talked about what to expect on immigration, privacy and regulation.
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But if he did denounce the President's statements and Trump heard about it, he might risk alienating and angering a famously capricious leader.
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As the FCC is required to consider the interests of public safety, the FCC's repeal is therefore "arbitrary and capricious," the brief argues.
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So she submits to Robert and his inept slobbering (much of it seemingly inspired by pornography) mostly to avoid seeming "spoiled and capricious".
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Deripaska said the U.S. government's designation of him is "arbitrary, capricious," and an "abuse of discretion" that has been ruinous for him financially.
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The government claims its rescission of DACA is "a quintessential exercise of enforcement discretion to which arbitrary-and-capricious review does not apply".
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White House Correspondents' Association President Olivier Knox said the group "strenuously objects to the capricious decision to exclude some journalists" from the dinner.
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Idlib residents, in the meantime, must continue to live on a capricious battlefield with no rule of law and no clear governing authority.
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He behaves in a capricious, vain way, and it isn't really until he gets to the abdication that the man's humanity comes through.
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To pick against my childhood team might be seen as the best way to pull one over on the capricious gods of baseball.
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To them, the idea that animals had such cognitive sophistication — and that the preferences of "capricious" females could shape entire species — was nonsense.
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His narratives often feel like stories of mortals adrift against a pantheon of gods who are, if not capricious, deeply flawed and untrustworthy.
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It almost, but not completely, drowned out the three fans who first knew the truth — and celebrated the capricious spirit of the Olympics.
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Rich Russians, meanwhile, often funnel their private fortunes offshore, in an effort to hide their assets from the capricious and predatory Russian state.
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Their lawsuit hinges on the Administrative Procedure Act, which they argue prevents the FCC from "arbitrary and capricious" redactions to already existing policy.
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He said he was fighting "to protect the Tata Group from capricious decision-making by the interim chairman," a reference to Mr. Tata.
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The gallows humor and camaraderie is the closest you might ever get, in the material world, to an audience with a capricious God.
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"The Travis factor hangs over everything," said one source, which make the pugnacious CEO seem like a troublesome black cloud or capricious guillotine.
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Its openness to capricious possibilities becomes an incentive to workers unwilling to tell stories and yet be still highly engaged with the world.
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The appeals court in Virginia found by a 2-1 decision that the rescission of DACA was arbitrary and capricious and violated administrative law.
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"In my view, DHS has adopted procedures so ill-suited to achieving that stated goal as to render them arbitrary and capricious," Watford said.
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Viola told the US ambassador that he was concerned such coverage would convince the US government to take "a capricious posture" toward his government.
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Visiting Distrito Federal never failed to remind him of the delicate, capricious cascade of events that had shaped the geopolitical fortunes of the Americas.
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The judge found that the president failed to find adequate justification for ending the Obama era policy, calling the decision, quote, arbitrary and capricious.
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"The fact is we have very knowledgeable, experienced people, but they're up against this capricious, closed and authoritarian stance of Trump," he told Reuters.
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People are respectful of Mari, the nature goddess, "powerful, capricious and terrible," and grateful for the Basajaunak, hairy trolls that protect the enchanted woods.
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They will also consider whether the administration's move was legally justified, or if it was "arbitrary and capricious," and thus illegal under the act.
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It also violates the Administrative Procedure Act because it did not give proper notice and comment and is "arbitrary" and "capricious," the groups allege.
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The other contends that banks have been the victims of a capricious and unjustified shakedown, driven entirely by politics, with little opportunity for redress.
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Nearly three years into the Trump presidency, the Pentagon is learning how to manage a capricious president whose orders can whipsaw by the hour.
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They refuse to acknowledge that the threat of over-reaching and capricious regulations shook confidence and undermined the animal spirits of the U.S. economy.
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A federal judge ruled in June 2018 that Kentucky's effort to add work requirements to the state's Medicaid program was "arbitrary and capricious."ADVERTISEMENT
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Managed trade in the United States is mostly a manifestation of crony capitalism (leavened by the prickly and capricious ego of our current president).
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In March, U.S. District Judge Rosemary Collyer struck down the designation, saying the council used an "arbitrary and capricious" process in assessing MetLife's vulnerabilities.
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It's capricious—for some, exposure leads to the comparatively gentle fate of a future cancer; others' bodies will liquify in a matter of days.
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Kim's disqualification from the election last year had been "arbitrary and capricious," that the impeachment of Mr. Min had been proper, and that Mrs.
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There is a good basis for arguing that the way the FCC adopted this rule violated the APA, which prohibits "arbitrary and capricious" rulemaking.
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A court could, in theory, find this account of benefits "arbitrary and capricious," or at least find that about these cost-benefit shenanigans collectively.
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These eruptions are extremely capricious, so it's rare for them to be observed at all, let alone from only 35 kilometers (22 miles) away.
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Judge Boasberg found that the Trump administration's action approving work requirements in Kentucky was "arbitrary and capricious" and therefore violated the Administrative Procedure Act.
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But when you're a woman and you succeed, people either question your authorship immediately, or you get accused of being bossy, bitchy or capricious.
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"The lawsuit is capricious and opportunistic," Dan Cobleigh, the managing director of design and development at Madison Realty Capital, told me in an email.
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And, long before Lydia, he defined as a feminine ideal a woman who was outwardly capricious and ditsy, yet levelheaded, warm and fiercely independent.
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A spokeswoman for China's Ministry of Foreign Affairs called the U.S. "capricious, arrogant and selfish" this week amid continuing skirmishes in the trade fight.
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Because of Amazon's vast scale, inscrutable algorithms, and capricious enforcement of its own rules, unscrupulous sellers and paid shills largely get away with it.
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Plenty of other capricious factors — like rain that sends visitors scurrying to another part of the state — could turn eclipse day into a dud.
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American colonists staked their claim to independence out of a refusal to be subject to the capricious and abusive whims of British customs agents.
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"It is deeply regrettable that the U.S. has been capricious, escalated the tensions, and provoked a trade war," commerce ministry spokesman Gao Feng said.
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When discussing the rate, Harris repeatedly described it as "arbitrary" and "capricious," which he acknowledged were the words his lawyer told him to use.
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Jammeh is one of Africa's most capricious and ruthless autocrats who has resorted to torturing or killing perceived opponents, according to human rights groups.
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Hazel also said the addition was "arbitrary and capricious" in violation of federal law and that it violated the Enumeration Clause of the Constitution.
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Famous large U.S. companies get away without paying any profit taxes, while small firms are encumbered, making the corporate tax capricious, arbitrary and counterproductive.
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This includes the current U.S. administration, and its recent capricious declaration that transgender troops will no longer be able to serve in the military.
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The nominations for the Golden Globes, made by the Hollywood Foreign Press Association, are notoriously capricious and unpredictable, satisfying no one and startling many.
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Arguing before Justice Eileen Rakower of State Supreme Court on Wednesday, Mr. Ricardo said that the targets of the sodium rule were arbitrary and capricious.
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In this retelling, Miranda and Caliban are best friends, each other's sole companion on the island outside of cold, demanding Prospero and capricious, condescending Ariel.
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Earlier this week, however, parents filed lawsuit that argued the ban was "capricious," if not unconstitutional, and prevented their kids from being able to learn.
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The complaint seeks, in part, to find out whether this data collection is "arbitrary, capricious, or otherwise contrary to law" under the Administrative Procedure Act.
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"If there was no evidence that [lawful permanent residents] posed a greater security risk, this policy change is by definition arbitrary and capricious," Tigar said.
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Even by the standard of his previous capricious outbursts, Elon Musk's tweet that he is thinking about taking Tesla private left investors scratching their heads.
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CNBC's Jim Cramer on Monday said he expects "more capricious behavior" from President Donald Trump as the 2020 race for the White House heats up.
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Those who support the practice say it rewards dutiful service; others call it capricious and argue that a professional server's wages should not be discretionary.
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True, the Global Times, a chest-thumping tabloid, accused the American president of "gambling" that China will be cowed by his "capricious and obstinate attitude".
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The Internet Association and Incompas argue that the December decision was illegal under a federal law barring regulatory agencies from making "arbitrary and capricious" decisions.
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"Florida's system is arbitrary and capricious, as it allows death based on a jury's mish-mash combination of minority votes on aggravating factors", he says.
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The private sector will be unable to rely on government data if federal agencies can make arbitrary and capricious decisions about when to publish datasets.
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Schufa is not an open algorithm, and so important financial decisions are mediated by an unknown process that can be quite capricious in its scoring.
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"Because EPA has not engaged in reasoned decisionmaking, its promulgation of the delay rule is arbitrary and capricious," the court wrote in its Friday opinion.
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But his capricious policies, from the locking-up of wealthy Saudis in 2017 to pointless diplomatic feuds with Canada and Germany, are scaring them off.
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Those in the millennial cohort — people born between 1981 and 1996 — are in the midst of one of the most capricious times of their lives.
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" A group of Brooklyn parents earlier this week filed a lawsuit against the city over the emergency order, claiming that it was "arbitrary and capricious.
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What are we to make of this capricious narcissist, so cruel to her own daughter and, up to this point, so indifferent to her granddaughter?
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Any attempt to repeal such a rule is likely to be rejected by a reviewing court as arbitrary, capricious and not in accordance with law.
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So the idea was that the vast majority of voters are capricious and uninformed, but in the end they tend to cancel each other out.
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As is, they are arbitrary, capricious, and philosophically absurd, giving coaches and athletic departments undue, unearned power over unpaid students seeking a better situation elsewhere.
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But the Champagne region, situated around 150 km (90 miles) northeast of Paris, has a long-standing system in place to cope with capricious weather.
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Chilly, capricious Rose, who alternates between maintaining she is paralyzed and evincing the ability to walk, is not the only unreliable one in the family.
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"Tonight, I am banned from the debate even though I met the arbitrary and capricious polling standards," Paul said in a video released Thursday night.
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The spear of Wotan, the king of the gods, enforces contracts (which could prove useful in an opera house when it comes to capricious stars).
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But under US law, a court can strike down an agency decision that is "arbitrary and capricious" — even if it doesn't violate any other laws.
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Capricious and baffling as Americans can be, they do seem to prioritize other qualities above looks, and pulchritude is in the eye of the voter.
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Those pirates thrived under the protection of the island's capricious sultana, cruel in her poverty, weakness, fearful isolation, and unnatural state of unmarried womanly rule.
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Qassim Suleimani is the latest example of the capricious way in which the president, as commander in chief, has chosen to flex his lethal powers.
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If the court does not conclude within 24 hours that either the secretary's petition is arbitrary or capricious, the FDIC will be appointed as receiver.
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" Zinke added that he initially left Florida on the of state waters under consideration for drilling because otherwise "it would have been arbitrary and capricious.
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MOSCOW (Reuters) - Russian Foreign Minister Sergei Lavrov said on Tuesday that some participants of the Syria peace process had been "capricious" by refusing to negotiate.
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Go deeper: Secretary of State Mike Pompeo has his work cut out for him as the translator of Mr. Trump's seemingly capricious foreign policy decisions.
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But it must still ensure that its interpretations are reasonable and decisions are not "arbitrary, capricious, (or) an abuse of discretion" under the Administrative Procedure Act.
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McMakin designed industrial shelving, installed capricious furniture (a credenza with peep holes in it), and hung intimate pencil drawings in the lobby-like ground floor gallery.
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The next discovery will again depend on a capricious combination of hard work, politics, and luck—so physicists have no idea which breakthrough will come next.
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Shortly thereafter, Uber filed a lawsuit challenging the city's rulemaking authority, calling it "arbitrary and capricious" and inconsistent with "fundamental labor laws," according to court documents.
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Between pollution, overuse and global warming—which appears to be making the monsoons more capricious and slightly less generous—India is fast approaching a water crisis.
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Sonja sees memories in visions of swans in flight, of rustling rye-fields in Jutland and in the "vast, eerie, and capricious" wilderness of Loenborg Heath.
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" Ill-preparedness: "[T]he president's views of foreign policy and the world at large were among [his White House's] most random, uninformed, and seemingly capricious aspects.
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First, she deemed it "arbitrary and capricious" for the FSOC to designate MetLife as systematically significant without identifying the likelihood of MetLife finding itself in distress.
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A federal judge declared "arbitrary and capricious" the state's attempt to require those without any physical or mental problems to work in order to receive benefits.
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" Zinke added that he initially left Florida on the list of state waters under consideration for drilling because otherwise "it would have been arbitrary and capricious.
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The issue is that Trump has from the start run his affairs like a capricious monarch who likes to have a discordant range of conflicting advice.
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Barrow plans to reverse some of Jammeh's capricious acts, including stopping Gambia's withdrawal from the International Criminal Court announced last month, his spokesman Karamaba Touray said.
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Whatever you think of Syria, military intervention on the basis of whatever crisis has captured the media's capricious eye is likely not the best policy. 14.
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It said the rule bears the hallmarks of "unreasonableness" and constitutes an arbitrary and capricious exercise of administrative power on behalf of the Department of Labor.
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But Maura Healey, the attorney general of Massachusetts, said that following the proper rule-making procedures was important because doing so prevents arbitrary or capricious regulation.
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He has proved capricious and temperamental, at times lashing out when negotiations falter, as he has done in Congressional talks over tax or health care bills.
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In a way, what is shocking about the book is that its depiction of a capricious, uninformed and erratic president is not really all that shocking.
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"It would seem to be the very definition of arbitrary and capricious for H.H.S. to knowingly use false facts when calculating hospital reimbursements," Judge Kavanaugh wrote.
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Monica Lewinsky has finally emerged from a long period of being frozen in amber, after the capricious behavior of Bill Clinton and the smearing of Clintonworld.
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Blissfully unaware of how Kamchatka's capricious, sub-Arctic weather plays havoc with travel plans, we had decided that six days was enough to hit the highlights.
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" Zinke added that he initially left Florida on the later of state waters under consideration for drilling because otherwise "it would have been arbitrary and capricious.
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Several Senators sympathized with Pompeo, saying they understood the difficult situation he is in, serving as secretary of state to a capricious commander in chief. Sen.
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But it is just the latest example of the capricious way in which the president, as commander in chief, has chosen to flex his lethal powers.
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"They are engaging in an arbitrary and capricious use of their 'restricted mode' and 'demonetization' to restrict non-left political thought," Prager said in his statement.
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But it is precisely this kind of capricious and biased use of institutional power that has birthed the cancel culture practiced by campus protesters and online.
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In September, the judge ruled in favor of the states, calling the department's delay "arbitrary and capricious," and ordered immediate implementation of the rule in October.
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His lawyer uses stronger words to describe the process: "arbitrary and capricious," though he said the difficulties went back to the years of the Obama presidency.
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Meanwhile, SZA wails and bounces in every direction, her voice cracking, remaining within the rough confines of the melody while bending it to her own capricious will.
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But mouse over to anything on the periphery, and the capricious pointer comes back on a different side and some new distance apart from the anchoring one.
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Compare President Vladimir Putin's deft military diplomacy in Vostok-2018 with Mr Trump's capricious cancellation of joint exercises with South Korea—to the dismay of his generals.
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For Europeans the shift is embodied in three presidents whose capricious impulses are shaping and constraining their foreign policy: Donald Trump, Vladimir Putin and Recep Tayyip Erdogan.
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"It is deeply regrettable that the U.S. has been capricious, escalated the tensions, and provoked a trade war," Chinese Commerce Ministry spokesman Gao Feng said on Thursday.
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Arthur Conan Doyle, author of the Sherlock Holmes detective novels, was among the early enthusiasts in Davos, though he thought skis "the most capricious things on Earth".
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"That assumption reflected a change in policy, one that was neither acknowledged nor explained in the final determination, and which was therefore arbitrary and capricious," she wrote.
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The 4-3-3 has flashed enough promise that it makes little sense to abandon it now, no matter how capricious Klinsmann may be with his tactics.
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" In his ruling Wednesday, Seeborg said the decision by Commerce "was arbitrary and capricious, represented an abuse of discretion, and was otherwise not in accordance with law.
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They said that the President's decision was "arbitrary and capricious" in violation of the Administrative Procedures Act, a federal law that governs how agencies can establish regulations.
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"HHS's failure to articulate any explanation for its action, much less a reasoned one based on relevant factors, exemplifies arbitrary and capricious agency action," the court said.
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A Lesser Tribe: For a few years before he died of pancreatic cancer last March, the novelist Pat Conroy maintained a charmingly capricious blog on his website.
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But Mayor P.J. Connelly said that the river flooding might not occur for days, if at all, given how capricious the storm's track had proven to be.
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Every time a programmer detailed a new idea, the executive turned to the official, who would point his thumb up or down like a capricious Roman emperor.
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You're going to say that the assist for this goal wasn't deliberate, and that the whole thing was a comedy of errors precipitated by a capricious breeze.
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A three-person committee is being given "the full power and authority" to negotiate any proposal by Elon Musk, the company's capricious C.E.O., to take Tesla private.
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Critics of Iran's opaque judicial system say foreign citizens — particularly Britons and Americans of Iranian descent — are often subject to capricious prosecution on vaguely defined political offenses.
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If the Trump administration does not adequately explain and justify the rule, she said, it could be challenged as "arbitrary and capricious," in violation of federal law.
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This double standard behavior is clearly arbitrary and capricious and will have a chilling effect on any American company's ability to do business anywhere in the future.
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Similarly, Congress could render noncompete clauses unenforceable in federal courts unless employment contracts provide due process protections, such as arbitration, against capricious or unjust discharges of employees.
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Courts across the country have repeatedly agreed that the Trump's administration termination of DACA was arbitrary and capricious, and now the question lies with the highest court.
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The fire is capricious and, as with the structures that it damaged, its flames often hurtle through one stretch of land while jumping over an adjacent plot.
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And it has kicked off fresh speculation that Ms. DeVos might be the next member of the cabinet to fall to the commander in chief's capricious whims.
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Parents sued, arguing the ban was "capricious," kept their kids from getting an education, and that the outbreak didn't amount to the severe emergency Day had outlined.
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Even with supercomputers and other modern assets at their disposal, forecasting storms such as this one still tests meteorologists' ability to anticipate what the capricious atmosphere will do.
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The decision is also held (owing to a lack of on-record citations or consultations) to be "arbitrary and capricious," and thus illegal under the Administrative Procedure Act.
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But they chafe against elements of the repressive government: the capricious rule of law drives them to find their own solutions to problems and behave in unpredictable ways.
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"Because the rule is within the agency's statutory authority and is neither arbitrary nor capricious, the petition for review is denied," Judge Merrick Garland wrote in the opinion.
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Capricious regulators may not be wholly to blame for the slowdown in online games, says Steve Chow of Agricultural Bank of China International (ABCI), a Chinese investment bank.
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But when it comes to the fall months, when the temperature can be as capricious as the rain forecast, the sartorial landscape can feel a bit more daunting.
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For most of us, it was a mixed bag of teenage angst, self-discovery, and capricious friendships existing in front of a backdrop of lockers, dances, and classrooms.
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With little risk of a repeat after Mercedes imposed tighter rules of engagement, Verstappen can pin his hopes on the capricious Spa weather to shake things up instead.
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"A capricious, arbitrary, and unqualified tweet of new policy does not trump the methodical and systematic review by military stakeholders qualified to understand the ramifications of policy changes."
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Furman ruled that Commerce Secretary Wilbur Ross had concealed the true motives for his "arbitrary and capricious" decision to add the citizenship question in violation of federal law.
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In August, Judge Bates ruled that the rationale the Department of Homeland Security put forward to scrap DACA was "arbitrary and capricious" under federal law — and then some.
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Videos circulating online of the clashes prompted many members of the public and human rights groups to criticize the police response as excessive and the arrests as capricious.
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But the ideas lapsed amid objections from career professionals and the fallout from other capricious early steps, like Mr. Trump's ban on visitors from several predominantly Muslim countries.
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But turmoil begets opportunity in financial markets — and investors looking to make the most out of these capricious times can find solace if they know where to look.
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The prosecution will have to show the killing was capricious and unjustified because the sergeant had alternatives to using deadly force, such as retreating or using a Taser.
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Like the other lawsuits, their new case hinges on the Administrative Procedure Act, which they argue prevents the FCC from "arbitrary and capricious" redactions to already existing policy.
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"Moreover, there is no public interest in allowing Defendants to proceed with an unlawful, arbitrary, and capricious rule that exceeds their authority," Judge George B. Daniels said Friday.
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With arguments Mr. Bowman sharpened in the private sector, the administration has prepared a detailed legal justification to convince courts that the rule is not arbitrary or capricious.
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But capricious bullying won't curb abuses in Saudi Arabia, nor will it lead Saudis to trust that their country is committed to reform and the rule of law.
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One mother, who's unnamed in the lawsuit filed Wednesday, alleged the county's "capricious" executive order violated her child's First Amendment rights and has kept her from attending school.
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We need to be vigilant that we don't conflate loftier 19th-century allegories of divine wisdom with a goddess who was jealous, capricious, and wrathful in source texts.
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Like the old English bard, he is an expert dramatist whose subjects can suffer in the deepest wells of tragedy or indulge in the capricious follies of comedy.
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Warring factions within factions, conflicting back-channeling, intense media scrutiny, questionable foreign influences and a capricious leader whose jarring moves leave everyone in a state of perpetual uncertainly.
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It violates the 1946 Administrative Powers Act against arbitrary or capricious actions or the abuse of executive discretion, especially when unsupported by substantial evidence of the need for action.
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That is a situation deserving much greater attention than brushing off political intrusions with apparently capricious rate hikes causing losses worth trillions of dollar to American and worldwide savers.
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Under the Act, a decision can be declared "arbitrary and capricious" (Ajit Pai's agenda is undeniably both) if the regulator in question can't justify such a severe policy reversal.
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His capricious and punitive ways were an affront to liberty and treating British subjects who happened to live in places other than Britain as lesser citizens was also wrong.
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The company might argue in a lawsuit that the administration failed to properly consider the effects of the order — that they were "arbitrary and capricious" in their decision-making.
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A federal appeals court has revived a lawsuit brought by Chicago-based Builders Bank challenging the Federal Deposit Insurance Corp's risk rating for the bank as arbitrary and capricious.
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China's Communist Party-run Global Times said earlier on Saturday the world had to "contain capricious U.S. actions," pointing to examples like Trump withdrawing from the Paris climate accord.
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He deemed the approvals of those proposals by the administration to be "arbitrary and capricious" and said that the work requirements could not be allowed to remain in effect.
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They viewed my decision as the capricious whim of a naïve teenager and would have been more impressed if I had chosen something more stable, like medicine or accounting.
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The medieval Arthurian tradition has the king experience a vision of the wheel of fortune, in which a capricious figure brings men high and low according to her spins.
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They all cite the same reasons: the Cuban company's stagnant and conservative repertory; the restrictions and capricious decision-making concerning travel and career opportunities outside of Cuba; the poverty.
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Whether what you are doing is worth hiding is down to the discretion of your government— and governments can be capricious, as Turkey's embattled civil society has found out.
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Lawsuits challenging the rule argued that the department exceeded its authority in establishing the rule, violated the Constitution and acted in an arbitrary and capricious manner in creating it.
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The great designers are like the capricious gods in Ovid, reaching down to turn this mortal into a spider, that one into a swan, that one into a constellation.
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The subtext is that women out alone might not be safe, subject not to the laws of the land but to the capricious mores of a conservative, tribal society.
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Calling the agency's approval "arbitrary and capricious," Boasberg said HHS Secretary Alex Azar had neglected to analyze whether Kentucky's plan would cause recipients to lose their health insurance coverage.
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Significantly, in embracing such overly-simplistic practices, Posner exposes the principal weakness of his cherished doctrine of "legal pragmatism"; namely, its haunting proclivity for all things arbitrary and capricious.
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Lucas thrives on such potty humor; it's her capricious stage for the dismantling of our phallus-obsessed culture that still subconsciously runs on the Oedipal conjectures of Freudian psychoanalysis.
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" Professor Hasen added that "the Commerce Department's decision to include the citizenship question is a textbook example of arbitrary and capricious action in violation of the Administrative Procedure Act.
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"That requirement will produce some truly wild and capricious swings in our G.A.A.P. bottom-line," he said, referring to the corporate accounting method known as generally accepted accounting principles.
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It's a potent visual metaphor for an enforcement policy that may be lawful and coherent but can appear capricious and terrifying, particularly when executed under the cover of darkness.
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Lydia, a hungry and capricious schemer, decided she must have him and insinuated herself into his life, babysitting for his son and setting up Christine with Alex's friend Zachary.
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" The 2-1 decision by the panel, they wrote, "will fuel unpredictability in labor arbitrations everywhere and make labor arbitration increasingly capricious and undesirable for employers and employees alike.
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The policy seems straightforward, but there is nothing straightforward about the reality of the working poor, a daily life of unreliable transportation, erratic work hours and capricious living arrangements.
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Many businesspeople cite the territory's robust legal system as a reason for doing business there and would be nervous of a lurch towards a more capricious style of rule.
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In this America, "refusal to comply" with authority -- resistance in the face of oppressive and capricious establishment decrees -- is a corporal offense and, all too often, a capital one.
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While retracing the Arctic travels of a capricious Victorian, I committed to crossing Iceland on two wheels, in preference to the four hooves chosen by my subject, Lord Dufferin.
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The approval of Arkansas and Kentucky's work rules by HHS were deemed "arbitrary and capricious" by the court since their impact on Medicaid coverage loss was not considered adequately.
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A coalition of more than 85033 migrant mothers and children sued the Trump administration Monday, arguing its enforcement of asylum rules has been capricious and arbitrary, according to Reuters.
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In the lawsuit, the advocate groups argue that the administration's decision was "arbitrary, capricious" and violates the Administrative Procedures Act, as well as Equal Protection guarantees of the Constitution.
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" The book, which portrays Mattis fending off capricious demands from Trump and voicing private fears that the president was weakening U.S. national security, will be released Oct. 29. "Mr.
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At this point, you may think the last person you want to spend time with is a crazy, capricious head of state with the power to wage cataclysmic war.
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The idiosyncratic structure is reminiscent of a crumpled paper cup that has been inverted and slashed by a capricious hand, with irregular bands of fenestration tracking the building's contours.
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As in, not only does someone have to somehow get their hands on one — which often means designing it themselves — but they're capricious enough to let Mother Nature steer.
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Editors who work on Trump's TV show say they consistently had to re-dub scenes to make his decision-making look smart and on point rather than arbitrary and capricious.
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Last week, a federal judge struck down work requirements in Arkansas and Kentucky as "arbitrary and capricious," ruling the Trump administration did not study how many people would lose insurance.
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And they are willing and able to delve into the psyche of their heroines to address their budding, complicated sexuality and fully embrace their capricious bitchiness with thoughtfulness and charm.
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But he worries that if these "hugely influential and far-reaching entities" are "capricious" or even "partisan" in their rule-enforcement, the ideal of an open society may be compromised.
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In a 277-page January opinion covering a multitude of evidentiary and legal issues, Furman found Ross' decision to be "arbitrary and capricious" in violation of the Administrative Procedures Act.
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"Sometimes the [CEO or founder] is a bad listener, or doesn't value the team's feedback, or their decision-making is capricious," says the VC who asked not to be named.
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But federal judges have blocked these efforts , saying the White House cannot legally terminate an agency program like DACA under the Administrative Procedure Act (APA) for "arbitrary and capricious" reasons.
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As he assumes his new role, many are expecting incoming chief of staff John Kelly to find his Marine's sense of hierarchy and order tested by his freewheeling, capricious boss.
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" If applicants disagree with the police chief's suitability decision with an LTC, they can appeal it to a court, which can decide if a chief's decision was "arbitrary and capricious.
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He argues that the current legal standard makes it too difficult to appeal a license rejection decision, by requiring appellants to prove a police chief's decision was arbitrary and capricious.
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It reveals an administration that is capricious and a Republican Party establishment so out of touch that it thinks it should be the mouthpiece for firms that renounce their citizenship.
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In a filing in federal district court in Washington, ISS said that the SEC's guidance is "arbitrary and capricious," arguing that it "inappropriately altered the regulatory regime" over proxy advice.
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Trump emphasized that his supporters are committed to his campaign, rejecting the insider narrative that his capricious base won't show up to vote when it comes time to cast ballots.
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Everton threw impressive spirit into the second half and tied the score in a capricious manner when Manchester defender Chris Smalling mis-hit a low cross into his own goal.
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But it would indicate a true policy shift by the Trump administration and show that the children of Syria are more than a pawn in Trump's confusing, capricious foreign policy.
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And in their minds, sitting down publicly with Mr. Trump, whom they have called particularly ignorant, capricious, arrogant and rude, would be an especially humiliating submission to imperialism and pressure.
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Mr. Madison's new appeal argues that it would be unconstitutionally "arbitrary and capricious" to execute an inmate who was sentenced to death by a procedure that the state now disavows.
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Media companies and indie creators who develop content for Facebook and YouTube are griping about false-start business strategies and seemingly capricious rule changes that ban, hide or "demonetize" them.
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Federal courts generally defer to government agencies and officials, unless those agencies do things that are determined to be arbitrary or capricious — as has been common in the Trump era.
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Background reading: The Democrats' narrow focus on health care gave them an advantage over House Republicans whose campaigns were destabilized by party infighting and by President Trump's capricious political moves.
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Mr. Mattis himself is becoming weary, some aides said, of the amount of time spent pushing back against what Defense Department officials think are capricious whims of an erratic president.
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It is reckless and capricious, reversing the Clean Water Rule which was firmly based on sound legal and scientific analyses, extensive fact-finding and stakeholder input, and broad popular support.
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And it remains unclear how many Eastern resorts would do what Killington, an industry giant, has chosen to do: make a chancy investment dependent on capricious and evolving weather patterns.
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Doubles haunt the novel: a New York neighbor acts as a stand-in for the soldier, and the narrator becomes obsessed with a troubled, capricious woman resembling her lost friend.
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Until this law was passed, people with mental illness and substance abuse problems were subject to capricious annual or lifetime limits on coverage, higher deductibles or no coverage at all.
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" Bates concluded that the argument that a Texas court would have likely immediately halted the program "was so implausible that it fails even under the deferential arbitrary and capricious standard.
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In a 6900-2628 ruling, the 28503th Circuit Court of Appeals said the fiduciary rule bears the hallmarks of "unreasonableness" and constitutes an arbitrary and capricious exercise of administrative power.
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The order's heavy-handedness puts environmentalists and consumer advocates on solid ground to argue in court that the two-for-one repeal formula is arbitrary and capricious, and thus illegal.
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In a 2-1 ruling, the 5th Circuit Court of Appeals said the fiduciary rule bears the hallmarks of "unreasonableness" and constitutes an arbitrary and capricious exercise of administrative power.
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Impeccably dressed in Armani suits, Mr. McCarthy successfully led the company for 13 years without being as famously irascible and capricious as Mr. Fairchild, whose family had founded the business.
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" She said the United States was concerned the amendments could damage Hong Kong's business environment "and subject our citizens residing in or visiting Hong Kong to China's capricious judicial system.
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It is unclear how long President Xi Jinping of China will tolerate what some analysts here are calling the humiliation of his country at the hands of a capricious Mr. Kim.
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A federal judge has blocked President Donald Trump's administration from terminating five-year grants under a federal teen pregnancy prevention program two years early, saying the decision was arbitrary and capricious.
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Capital punishment had been halted in 24 when five justices determined it to be "arbitrary and capricious" in violation of the bar on "cruel and unusual punishments" in the eighth amendment.
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In 2008, a Florida court characterized his four-year doping ban — which was upheld by the sports court — as "arbitrary and capricious," and in violation of the Americans With Disabilities Act.
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It also, in a very subtle but clever manner, points out that parents are no less capricious than children and subject to moods that change the way they view their children.
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It is a capricious measure to boast about, and one that may not fully reflect the concerns of those who voted for him and probably care more about real wage growth.
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Exxon Mobil sued the U.S. government on Thursday, blasting as "unlawful" and "capricious" a $2 million fine levied against it for a three-year-old oil joint venture with Russia's Rosneft.
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Pop culture implications aside, Blenner is now finding out firsthand what bread- and booze-makers have known for millennia; that yeasts are capricious little fungi, but capable of very great things.
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Think here of the 1990 movie Goodfellas, with the portrayal of Tommy DeVito by Joe Pesci: DeVito's capricious outbursts of violence might seemed unhinged, but they kept people scared of him.
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Collyer called the MetLife designation "arbitrary and capricious," saying the council never adequately assessed the risk of Metlife's failure and neglected to perform a cost-benefit analysis of applying the designation.
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During Veep's run, we've been given the tools to understand Selina as a power-hungry, capricious, and ultimately sympathetic character—in no small part due to Julia Louis-Dreyfus's nuanced portrayal.
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It held that reversal of an existing rule by a federal agency may not be "arbitrary or capricious;" that an agency must furnish an "adequate basis and explanation" for its action.
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In a filing in federal district court in Washington, ISS said that the SEC's guidance is "arbitrary and capricious," arguing that the it "inappropriately altered the regulatory regime" over proxy advice.
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If the first marks a triumph against odds seen as a victory for the creative, the second demonstrates the capricious nature of the industry — much-feted Theyskens versus ill-fated O'Shea.
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" For that reason, Judge Jesse Furman blocked Ross from adding the question earlier this year, writing that the secretary violated federal administrative laws by acting in an "arbitrary and capricious manner.
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The NRDC filed the lawsuit today in New York saying the delay is "arbitrary, capricious, an abuse of discretion" and illegal, and that the bee should be listed as originally planned.
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The judge found that Commerce Secretary Wilbur Ross, who oversees the census, concealed the true motives for his "arbitrary and capricious" decision to add the question in violation of federal law.
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"How long can I live?" is a more capricious puzzle; it asks us to solve a very different sort of conundrum—not the average human life expectancy, but its outer limits.
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But two of the unlikely Frenchmen to reach the third round — the capricious Benoît Paire and the 252nd-ranked Nicolas Mahut — will be playing in successive matches on Simonne Mathieu Court.
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If the traditional English translations were all we had, with their depictions of Sarah's laughter as celebratory, her subsequent actions against Hagar could be read as merely petty or even capricious.
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Mr. Trump's capricious approach to politics was destabilizing for Republicans up and down the ballot, leaving candidates exposed to the president's whims and grievances and the machinations of White House advisers.
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There's virtually no room for error and alienating a new president—particularly one who has built a reputation as being vindictive, capricious, and xenophobic—might not be the best business move.
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Any impression that America and the world are spinning out of control, partly due to the capricious impulses of the President, would normally spell disaster for a first-term White House.
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Exxon Mobil sued the U.S. government on Thursday, blasting as "unlawful" and "capricious" a $2 million fine levied against it for a three-year-old oil joint venture with Russia's Rosneft.
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According to the lawsuit, the Treasury rule violated the APA because Treasury lacked authority to act, its rule was arbitrary and capricious, and it did not permit public notice and comment.
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She had a way of talking to her parents, at once formal and capricious, as if she were a celebrity, with a fully developed sense of her own needs and preferences.
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After a trial in New York, US District Court Judge Jesse Furman ruled that Ross, among other transgressions, had violated the Administrative Procedure Act's prohibition on "arbitrary and capricious" agency choices.
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His plots often unfolded in Irish or English villages whose inhabitants, most of them hanging on to the bottom rung of the lower middle class, waged unequal battle with capricious fate.
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His game is capricious in the best possible way, with physical and mental characteristics that can't be learned studying film or living in a gym (both of which he does fastidiously).
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An agency's interpretation of the law is usually entitled to deference, meaning that a reviewing court must adopt the agency's interpretation of the law unless, for example, it is arbitrary or capricious.
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Truth is intoxicating, and Madonna's career rebirth in the late '90s and early 2000s highlighted how baring it all could counteract the whims of even the most youth-ravenous, capricious industry around.
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Some critics have also noted that laws empowering governments to make broad decisions about online content could easily be abused by capricious or malicious regimes aiming to punish opponents and stifle dissenters.
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Agencies may not change regulations in "arbitrary and capricious" ways, the Administrative Procedures Act requires, and the three judges all ruled Mr Trump had not provided adequate justification for the wind-down.
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According to the lawsuit, the Treasury rule violated the APA because Treasury lacked authority to act, its rule was arbitrary and capricious, and Treasury did not allow for public notice and comment.
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Furman on Tuesday found that Commerce Secretary Wilbur Ross, who oversees the census, concealed the true motives for his "arbitrary and capricious" decision to add the question in violation of federal law.
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The Heritage Foundation wants all conservatives to present a united front when it comes to what it believes is the confusing and capricious treatment of right-leaning views by social media companies.
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However, if Pai wants to enact a rule that will survive a legal challenge, he'll have to show it isn't an "arbitrary and capricious" reversal of policy, under the Administrative Procedure Act.
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In a filing in the High Court in Mumbai last week, the DP World unit Nhava Sheva International Container Terminal said the CCI's decision to order an investigation was "arbitrary" and "capricious".
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So here's the part that's even worse than defending the equally sluggish and capricious moderations tendencies of Twitter: defending Josh Hawley, who, let me be clear, is a dumbass with bad ideas.
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"In the short term things may fall back as commodity markets are capricious and dependent on events like this weekend's meeting of oil-producing nations in Doha," he told CNBC via email.
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Photo: Getty ImagesThe U.S. government's capricious stance on foreign aid has likely worsened the reproductive care and health of women living in poorer affected countries, according to a new report out Thursday.
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" They went on the say that the industry challengers were incorrect in stating that the carbon cost is "irredeemably flawed," concluding instead that "DOE's determination of SCC was neither arbitrary nor capricious.
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Any regulatory regime should start with clear, understandable transparency requirements around network management practices, as well as baseline protections outlawing blocking of legal traffic or capricious degradation of websites or online service.
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Trump is a workplace bully—capricious, temperamental, quick to blame underlings for his own failures, endlessly hungry for praise, and prone to making rash decisions that create more work for his staff.
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True, his persona and character were ripe for raillery as coarse, capricious, deceitful and divisive, but multitudes embraced the novelty of his candidacy and many others found the alternative yet more unpalatable.
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They argued that Secretary of Commerce Wilbur Ross, who oversees the Census Bureau, violated the Administrative Procedures Act by ordering a citizenship question to be added in an "arbitrary and capricious" manner.
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"Because we hold that the NRC did not engage in arbitrary or capricious decision-making, we deny the petitions for review," a three-judge panel of the court wrote in its decision.
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The 15 plaintiffs suing the administration now have filed their suit in the same federal court, and want to have the new Trump administration approval also declared to be arbitrary and capricious.
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The challengers in those cases have argued the administration's decision flouted notice and comment rulemaking requirements, was arbitrary and capricious and denied so-called Dreamers equal protection and due process of law.
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"I think what got mischaracterized here was some feeling that the league had engaged in some sort of capricious decision with respect to smoke devices and it's just not true," says Abbott.
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Buffett has called the new accounting rule a "nightmare" that would produce "truly wild and capricious swings" in bottom-line results that could, depending on their direction, unnecessarily scare or embolden investors.
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"What we're seeing right now is a capricious move that has a very high risk of unsettling the region," Mr. Harden said, noting that the relief agency supported about five million refugees.
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The shutdown, capricious foreign policy moves and the Mattis resignation all came against the backdrop of the deepening investigations into Mr. Trump and his 2016 campaign that are enveloping his White House.
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The articles sought to portray China as a leader in free trade, and at times singled out the Trump administration, specifically, for what they denounced as its capricious and confrontational trade stance.
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With his ambitious plans, Musk has earned the respect from many people inside and outside his companies, though, at the same time, some say he can be a demanding and capricious boss.
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Second, an emotional "hear no evil" response that chalks everything up to a distraction, driven by the media's capricious need for interpersonal drama, and one that will ultimately harm the progressive interests.
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This was a blatant insult to the principle of fair and equal justice under the law, and a prime example of an arbitrary and capricious government edict that individuals should fear most.
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Opinion Columnist Working in digital media is like trying to build a fort out of marshmallows on a foundation made of marbles in a country ruled by capricious and tyrannical warring robots.
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In many cases, courts said the administration's actions were not justified because it failed to solicit public input before taking an action, or because it took an action that was arbitrary and capricious.
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If humans are natural beings and robots are artificial creations, then any designer that would create me has such an arbitrary and ridiculous approach that he or she is indistinguishable from capricious nature.
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He deemed the approval of the proposals in Arkansas and Kentucky by the administration to be "arbitrary and capricious" and said that the work requirements could not be allowed to remain in effect.
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Combined with the difficulties of managing a potentially capricious owner base and the stubborn need to raise additional capital from VC, going with equity crowdfunding can be a raw deal for all involved.
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On March 30, Judge Rosemary Collyer of the US District Court for the District of Columbia, a George W. Bush appointee, ruled that the designation was arbitrary and capricious and must be lifted.
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Last week, before he was retained by CNN, Boutrous tweeted that the action against Acosta was "angry, irrational, false, arbitrary, capricious content-based discrimination," and thus a clear violation of the First Amendment.
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As arbitrary and capricious as the 220006-day deadline may be, is there anything we can usefully see from this vantage point, other than Trump's almost unique penchant for getting himself in trouble?
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Mr Sessions's reasoning, the courts ruled, did not satisfy the terms of the Administrative Procedure Act (APA)—a law requiring federal agencies to justify regulatory changes in ways that aren't "arbitrary and capricious".
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But Chief Justice Roberts first sided with the other Republican-appointed justices to conclude that under the Administrative Procedure Act, the administration's rationale for including a citizenship question was not arbitrary or capricious.
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Second, the FCC's decision is "arbitrary and capricious," and thus illegal under the Administrative Procedures Act, which requires certain standards of evidence and method to be shown in the establishment of such rules.
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Matthew demonstrated the capricious nature of hurricanes, whose seemingly random wobbles of a few miles make prediction difficult, and can mean the difference between bad news and outright calamity for a given town.
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The key legal phrase is "arbitrary and capricious," which means essentially that the President has broad executive power -- but cannot act in a way that is obviously wrong or improper under the law.
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In a ruling published Tuesday, Judge Robert Lasnik said the deal made in July last year was "arbitrary and capricious" and thus a violation of the federal Administrative Procedure Act and the Constitution.
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They argued that the FCC's decision to overturn its net neutrality rules just three years after adopting them violated the Administrative Procedure Act, which forbids federal agencies from making "arbitrary and capricious" decisions.
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They said the special counsel's actions are "arbitrary, capricious and not in accordance with the law" and have asked a district court to set aside "all actions" that Mueller has taken against Manafort.
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The ruling came in response to lawsuits filed by the parents of local school children, with the parents calling the ban arbitrary and capricious and saying the county acted beyond its legal authority.
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" A coalition of conservative groups said the agency "exceeded its statutory authority in enacting the Plan, making its imposition arbitrary, capricious, and an abuse of discretion, and urge that it be set aside.
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They bring to mind the double vulnerability of Black and Latino men, whose bodies are subject to both potential violence inside their communities, and to the violence of autocratic and capricious police shakedowns.
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Naturally most coverage of these developments has focused on Trump and Kim, two notoriously capricious men whose reactions to each other over the next two weeks could doom or save this meet-up.
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But no one wants a partner that is arrogant, domineering and capricious," state-run news agency Xinhua said on Friday in a commentary titled "Forcing 'America First' on others will lead to 'America Alone.
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But a federal judge -- siding with Democratic attorneys general from 18 states and the District of Columbia -- ruled that DeVos' freeze was "arbitrary and capricious" and ordered immediate implementation of the rule in October.
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The judge found both that the Department of Homeland Security's determination to rescind DACA is reviewable by the courts and that it is likely to found arbitrary and capricious under the Administrative Procedure Act.
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CNN's lawsuit accuses the White House of violating Acosta's First Amendment rights, his Fifth Amendment right to due process, and the Administrative Procedure Act's prohibition against "arbitrary" and "capricious" actions by a federal agency.
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But the SLS has a great deal of support in the Senate—and there are some in Washington who have their doubts about making the country's space programme too dependent on sometimes capricious billionaires.
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Feld declined to discuss specific legal strategy, but it's likely that any challenge would look to cast Pai's reversal as arbitrary and capricious, rather than a necessary response to judicial rulings or market conditions.
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Environmental groups and attorneys general from other coastal states will likely use the move to justify suing the federal government, arguing it was arbitrary and capricious to remove Florida but not other coastal states.
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We assess that Putin prefers direct public messaging on sensitive issues because he thinks it makes our government look capricious and responsive to him and the media -- rather than to our own policy objectives.
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"EPA's decision to allow the Administrator to make initial determinations on FOIA requests and to bar requesters from appealing those determinations is arbitrary, capricious, and otherwise not in accordance with law," the suit reads.
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The new lawsuit comes a month after a federal judge ruled that the regulation should immediately go into effect, after more than a year of what he called "arbitrary and capricious" delays by DeVos.
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In his essay for the exhibition catalogue, Dawson writes that the legs were added because "the painting demanded a sort of drama" — a capricious gesture made convincing solely through the solidity of the paint.
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"They are engaging in an arbitrary and capricious use of their 'restricted mode' and 'demonetization' to restrict non-left political thought," declared Dennis Prager, a conservative activist who filed suit against YouTube last fall.
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"To find that the Final Rule's enactment was arbitrary and capricious, the district courts generally ignored HHS' explanations, reasoning, and predictions whenever they disagreed with the policy conclusions that flowed therefrom," the judges wrote.
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They envision capricious tunnel closings and traffic restrictions to facilitate his movement around town, parade routes sealed off to accommodate the Secret Service and raucous demonstrations rocking Manhattan routinely for four or eight years.
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The president's capricious employ of his native idiom, his fractured syntax and streaming non sequiturs are challenging enough for Anglophones, so imagine the difficulties they pose to foreigners: How, exactly, do you translate "braggadocious"?
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The weather can be capricious this time of year, but this savory tart, adapted from the food writer Anna Jones's new vegetarian cookbook, "The Modern Cook's Year" (Abrams, 2019), suits any shade of spring.
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The fact that India's most celebrated industry depends entirely on imports in an era in which many countries are increasingly capricious about what goods they will allow to be exported makes some officials nervous.
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Or does he sit atop a state that is, in fact, shockingly ramshackle, a system driven more by the capricious and often venal calculations of competing bureaucracies and interest groups than by Kremlin diktats?
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The U.S. Court of Appeals for the D.C. Circuit in 2016 rejected arguments made by the broadband industry that the FCC's 2015 decision to redefine broadband as a telecommunications service was arbitrary and capricious.
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MetLife had argued that the Treasury Department's decision to include the firm on the SIFI list was arbitrary and capricious and that MetLife did not pose a systemic risk along the lines of big banks.
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China's Global Times, published by the ruling Communist Party's official People's Daily, said earlier on Saturday the world had to "contain capricious U.S. actions," pointing to examples like Trump withdrawing from the Paris climate accord.
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China's commerce ministry accused the United States of being "capricious" over bilateral trade issues, and warned that the interests of U.S. workers and farmers ultimately will be hurt by Washington's penchant for brandishing "big sticks".
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Look, I don't know that it was capricious or not, but it sure seemed to be trending in a direction where it was going to be a knock-down, drag-out sort of battle. Right.
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If this all seems like an unfair, if not downright capricious, way to treat campus athletes whose sports (cough football cough Dream Team/WNBA-era basketball) aren't represented at the Olympics, that's because it is.
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It's usually better if there are laws on the books, because if not, new "laws" can be invented on the spot, by a capricious authority, in a tiny police station on some distant desert plain.
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Federal regulators' decision to designate insurer MetLife as "too big to fail" was "arbitrary and capricious," the U.S. judge who struck down the determination last month wrote in an opinion that was unsealed on Thursday.
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WASHINGTON/HOUSTON (Reuters) - Exxon Mobil Corp sued the U.S. government on Thursday, blasting as "unlawful" and "capricious" a $2 million fine levied against it for a three-year-old oil joint venture with Russia's Rosneft.
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Some analysts say these arguments provide little cover to the administration, which must convince a majority of justices that its DACA rescission was not "arbitrary and capricious" for the rollback to survive the legal challenge.
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A decision upholding the lower courts' findings that the rescission was arbitrary and capricious, and therefore unlawful, would force the Homeland Security Department to continue administering the DACA program, including managing renewals and new applications.
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Judicial review of agency action that is, for example, arbitrary and capricious, an abuse of discretion, contrary to law or unsupported by substantial evidence is a familiar and critical part of the rule of law.
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In an op-ed in the Reno Gazette-Journal later that month, Trump called federal land ownership in Nevada "arbitrary and capricious" and said President Obama "encourages faceless, nameless bureaucrats" to manage public land holdings.
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There are a lot of questionable practices involved, like asking whether voters know their precinct or using capricious cutoffs in which pollsters decide what percentage of their sample are likely voters and which are not.
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The Museum of Modern Art — having for decades drummed the artistic feats of Picasso, Matisse, Mondrian and Duchamp into cultural consciousness — has finally rolled out the red carpet for this capricious, prolific, subversive fellow traveler.
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Celebrities have been accumulating these premature death narratives for decades is a matter that is less concerned with the natural features of Hollywood than it is with the capricious and violent machinery of celebrity surveillance.
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The judge found that the administration's approval had been "arbitrary and capricious," and that it had not demonstrated that a work requirement was consistent with the purpose of the Medicaid program, to "furnish medical assistance."
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Business leaders and economists have complained about meddlesome officials, heavy and capricious tax burdens, restrictions on investment and banks that prefer to channel loans to big state companies that enjoy the patronage of party leaders.
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Bryan is an enthusiastic ambassador for the area, and in his capricious approach to country, he is channeling the diverse mix of sounds that kids in his town, and others like it, were listening to.
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Staffers have seen short-lists for vacancies and heard whispers of potential replacements for top jobs -- but they hear little from the capricious President himself about what he is looking for in his second string.
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It focuses on the quotidian details of life among a group of talented students and demanding, sometimes capricious and cruel teachers, the most vivid of whom, Hannah (Kerry Fox), has taken an interest in Stanley.
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"Plaintiffs' inclusion on the Kill List is the result of arbitrary and capricious agency action, accomplished without due process, and in violation of the United States Constitution and U.S. and international law," the lawsuit reads.
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But the pardons the President has issued thus far demonstrate a capricious use of that power, because unlike other presidents before him, Trump has completely bypassed the Department of Justice Office of the Pardon Attorney.
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Some of those lawsuits — such as the one filed in New York that first revealed the overnight mailbox problem — hinge on the idea that the administration is shutting down the program in a capricious manner.
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The capricious monarch, who was known for his penchant for lobster, porpoise and custard, secretly married Anne Boleyn there despite Pope Clement VII's refusal to grant him an annulment from his first wife, Catherine of Aragon.
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Those photos were referencing the African diaspora water goddess Mami Wata, a figure who represents beauty, trade, capitalism, and money: she is capricious and powerful and can bestow or take away great fortune at a whim.
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Even the investors vying for Mr Modi's attention may take note that, for all the talk of openness, India still has some of the world's most tangled rules, highest corporate tax rates and most capricious officials.
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Business enthusiasm for Mr Modi has similarly waned as a result of tougher taxes, capricious rule-making and a deepening impression that the prime minister is more committed to Hindu nationalism than to development or reform.
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I'm often jealous of cats, what with their lifestyle that consists of sloth, capricious aggression and being pampered, but this is the first time that I've actually been cowed into an inferiority spiral because of one.
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He writes: If the Trump White House was as unsettling as any in American history, the president's views of foreign policy and the world at large were among its most random, uninformed, and seemingly capricious aspects.
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Germany's match against Italy is a bona fide headliner, but the game in Marseille looks set to be a far more capricious and mercurial affair, and nobody can be sure quite what it will serve up.
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A federal appeals court has rejected two environmental groups' challenge to Strata Energy's uranium mining project in Wyoming, rebuffing claims that the U.S. Nuclear Regulatory Commission was arbitrary and capricious in granting the project a license.
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To defeat the Frenchman Gaël Monfils in the United States Open semifinals, the top-seeded Djokovic had to endure heat, humidity and a player whose moods and methods can be as capricious as a sudden cloudburst.
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But it is also plausible that his bullying style leads to a darker form of capitalism, one characterized by cronyism and quid pro quos, where corporations singled out for shaming become vassals serving a capricious master.
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When she is assigned her own false identity and charged with befriending a middle-aged woman who is a Nazi sympathizer, the humor tilts toward the madcap; Juliet is, at best, a sloppy and capricious spy.
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"What we're seeing right now is a capricious move that has a very high risk of unsettling the region," Mr. Harden said, noting that the relief agency supported about five million refugees across the Middle East.
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" In the administration's brief, Mr. Francisco complains that "until now no court has seen fit to police the contents of the decennial census questionnaire by even entertaining an arbitrary-and-capricious challenge, let alone upholding one.
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CreditCreditBryan Thomas for The New York Times HOUSTON — Natural disasters are capricious, carving a hopscotching path of destruction that can swamp one neighborhood but spare another, destroy a city block but leave one lone house untouched.
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What mattered was the result or, at least, the potential that things would get better under the incoming president than they had been under the king, who had been demonized as capricious if not downright crazy.
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China's commerce ministry on Thursday accused the United States of being "capricious" over bilateral trade issues, and warned the interests of U.S. workers and farmers ultimately will be hurt by Washington's penchant for brandishing "big sticks".
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It was four years later, in "Jules and Jim," that she became a full-fledged international star, playing Catherine, the capricious, destructive object of Oskar Werner and Henri Serre's desire in a doomed ménage à trois.
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The movie's real subject is the nature of social control, the totalitarian demand for unquestioning obedience and the capricious application of power — a theme that may have inspired and was only reinforced by its arbitrary censorship.
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BTW ... the insurance company can deny coverage if Kanye had a preexisting condition that he didn't disclose at the time the policy was issued, or if his illness was caused by his "unreasonable or capricious behavior."
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As far as he's concerned, there will always be those in government who are steadfastly against an open fireworks exchange, keeping the market fussy and capricious, a million different irritable subdivisions acting as a persnickety whole.
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Net neutrality supporters argue that agency's plan is illegal under federal laws that prohibit "arbitrary and capricious" changes in regulations, and that the agency didn't gather sufficient public input on its proposal to overturn its old rules.
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We need government help to make our farms able to withstand this capricious climate, and to help us change our practices so we can farm in a way that fights climate change, while still being economically viable.
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" And speaking at a briefing Monday, U.S. State Department spokeswoman Morgan Ortagus said the legal amendments "could damage Hong Kong's business environment and subject our citizens residing in or visiting Hong Kong to China's capricious judicial system.
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But women, being human, also have the ability to be capricious and cruel, and to abuse those over whom they hold power — a dynamic illustrated by the accusations against Ronell and Argento, and also in the home.
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If we time it just right, we're able to to rendezvous somewhere in the middle, on the streets of Manhattan, where we'll have between 15 and 30 minutes depending on the whims of a capricious subway system.
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China's commerce ministry on Thursday accused the United States of being "capricious" over bilateral trade issues, and warned that the interests of U.S. workers and farmers ultimately will be hurt by Washington's penchant for brandishing "big sticks".
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China's commerce ministry accused the United States on Thursday of being "capricious" over bilateral trade issues and warned that the interests of U.S. workers and farmers would ultimately be hurt by Washington's penchant for brandishing "big sticks".
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The companies argued that three requirements the U.S. Labor Department's Mine Safety and Health Administration placed on the use of the devices were unnecessary to ensure safe mine operations and should be overturned as arbitrary and capricious.
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These results illustrate what Buffett has called the "wild and capricious" and, in his view, meaningless swings caused by an accounting rule requiring the reporting of unrealized stock gains with earnings, regardless of Berkshire's plans to sell.
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"The actions of DOJ and Mr. Rosenstein in issuing the Appointment Order, and Mr. Mueller's actions pursuant to the authority the Order granted him, were arbitrary, capricious, and not in accordance with the law," the suit reads.
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HHS made its decision despite the early success of the program and strong evidential foundation, violating the Administrative Procedure Act's requirements that agency decision making not be arbitrary, capricious, an abuse of discretion, or contrary to law.
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The Commission's disregard of its duty to analyze the impact of the 2018 Order on public safety renders its decision arbitrary and capricious in that part and warrants a remand with direction to address the issues raised.
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He also seems to embody a particular neurosis of Trump-era Washington, where the lizard-brain logic of making a name for yourself is colliding with the imperative of survival in the shadow of a capricious force.
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Ms. Nuril's case, which is now before Indonesia's Supreme Court, has become a very public example of the country's failure to protect women from sexual harassment, as well as the notoriously capricious nature of its judicial system.
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It is in such a political context that one has to view Germany's capricious resistance to an obvious and urgent need to reverse the cyclical downturn in the euro area, and in the rest of the European Union.
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Usman Chohan, an economist and researcher at the University of New South Wales, compares the current hysteria to the "irrational exuberance" of the dot-com era where paper fortunes rose and fell based on an illogical, capricious market.
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White continues the adventures of the crew of the Capricious as they set off to track down a mysterious cult that might have some connection to an ancient magic, all while dealing with unwanted figures from their past.
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"To stay issuance of the mandate for longer would hand the agency, in all practical effect, the very delay in implementation this panel determined to be 'arbitrary, capricious and in excess of EPA's statutory authority'," the court ruled.
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As for the vast majority of tech leadership and pretty much all of their employees, they are now making a break for the wall-free border with the government's capricious and ill-conceived crackdown on immigrants and refugees.
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A federal court said on Friday that petitioners — including tribes, nonprofits, and wireless carriers — were likely to prove that the commission's decision was "arbitrary and capricious," meaning that it failed to fully consider the changes it was making.
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She said she had set up such a place, a sort of board and care, maybe 15 years ago, and told a story of inspections and capricious city workers that sounded like a cross between Brazil and Kafka.
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He is at the mercy of Trump's apparently insatiable and capricious desire to tackle every issue head on at full speed and treat complex problems as binary issues that can be solved through military muscle, bluster and bluff.
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It is difficult to imagine a more arbitrary and capricious methodology than a rule under which EPA must take into account the indirect consequences of regulation if they are negative but must ignore them if they are positive.
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The beauty of the playoffs is their capricious nature, their potential to erase all that has happened, and in this case force the most decorated team in regular-season history to once again demonstrate its fortitude and worth.
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Lower court rulings in California, New York and the District of Columbia left DACA in place, finding that Trump's move to rescind it was likely "arbitrary and capricious" and violated a U.S. law called the Administrative Procedure Act.
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He also said the court did not consider whether FWS's assessment of the costs and benefits of the land designation was flawed in a way that would have rendered its designation arbitrary, capricious or an abuse of discretion.
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"The department's decision to extend the FLSA's protections to those employees is grounded in a reasonable interpretation of the statute and is neither arbitrary nor capricious," Judge Sri Srinivasan wrote in the D.C. Circuit Court's opinion last year.
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If they fail in that task, then administrative agencies can be reprimanded by an appellate court for engaging in arbitrary and capricious behavior or, in very rare cases, be subject to congressional rebuke via the Congressional Review Act.
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This raises the natural question for casual observers, eternally frustrated with the body's seeming spinelessness, as to why Congress is so reticent to check the presidency—especially under a president as capricious as our current commander-in-chief.
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Acceptance to college is capricious, but if admitted to a reach school, single mom sons and daughters belong there just as much, if not more, as the student who needs no financial aid and has an alumni parent.
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China's commerce ministry accused the United States on Thursday of being "capricious" over trade issues and warned that the interests of U.S. workers and farmers would ultimately be hurt, vowing to hit back with "quantitative" and "qualitative" measures.
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After holding roundtables in June, New York City Councilwoman Julissa Ferreras-Copeland discovered youth across the city have to navigate a capricious web of school staff to get a pad or tampon, compromising their education in the process.
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By law, a judge can block a decision by a federal official like Ross by finding, among other things, that it is "arbitrary and capricious," which can mean that the decision is not supported by the stated rationale.
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Cellular companies are working with the president's office to wrest control of the fiber optic network from the state-run operator, which has been criticized for its poor management, capricious rate-setting and poor quality, according to operators.
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"If the costs to the economy exceed the benefits, and there are no environmental benefits, the courts would classically look at this as an arbitrary and capricious policy," said Mr. Lazarus, who specializes in environmental law at Harvard.
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New York City's law to limit the amount of time Uber and Lyft drivers can spend cruising for passengers in busy parts of the city is "arbitrary and capricious," a New York State Supreme Court judge ruled Monday.
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" But the childhood gripes are outweighed by the simple fact of knowing, in an industry as cutthroat and capricious as D.C., "they're never going to stab you in the back or push you in front of a bus.
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Vox has a "just cause" provision in our union contract in part to prevent capricious removals like Olson's, and a system of due process for arbitrating allegations and claims precisely so that bogus allegations don't get people fired.
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"To find that the Final Rule's enactment was arbitrary and capricious, the district courts generally ignored HHS's explanations, reasoning, and predictions whenever they disagreed with the policy conclusions that flowed therefrom," the judges wrote in a 25-page opinion.
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A panel of judges held that the administration's decision to rescind the program was "arbitrary and capricious" under federal law, in part, because the Department of Homeland Security "failed to give a reasoned explanation" for the change in policy.
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Judge John Owens was more skeptical of the challengers' arguments and disagreed with the majority's ruling on the APA "arbitrary and capricious" claim, but he did agree that plaintiffs have "some" likelihood of succeeding in their equal protection claim.
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At a high level, he's doing all this because, he argues, Twitter and YouTube and Facebook are de facto public spaces with capricious private overlords, and there are legal reasons that they should be more tolerant of extreme speech.
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The stories share a pattern: A person waits for hours to see a caseworker, then is ordered by a peace officer to leave the office for a capricious reason, like asking to see a supervisor or using a cellphone.
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But even accounting for history's capricious nature, the event credited with setting off the Arab Spring could hardly have been more improbable: the suicide by immolation of a poor Tunisian fruit-and-vegetable seller in protest over government harassment.
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Facebook had become a capricious, godlike force in the lives of news organizations; it fed them about a third of their referral traffic while devouring a greater and greater share of the advertising revenue the media industry relies on.
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But the U.S. Court of Appeals for the District of Columbia ruled that the industry had "had ample opportunity" to weigh in on the rule, and therefore EPA's decision to delay it was "arbitrary and capricious" under the law.
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The global ultra luxury car market definitely grew last year by more than 15 percent (to around 28,000 units), fueled mainly by the capricious Chinese market, where demand for very high-end vehicles grew by a whopping 54 percent.
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The Chamber's promotion of legislation like the RAA and the MRRA almost always comes down to the same false claims: that the regulatory process is arbitrary and capricious and that regulations are being rushed through at the last minute.
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In a March 2018 ruling out of New Mexico, US District Court Judge Thomas Browning that the methodology used by the federal government was "arbitrary and capricious" and remanded it back to the agency, according to Lexis Legal News.
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These emitted Sébastien Roux's quizzical electronic score — an aural parade of buzzes, whooshes and bleeps — while Thomas Dunn's enchantingly capricious lighting filled the central corridor, its eye-popping changes, like a plunge into deep red, punctuating more understated moments.
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European Council President Donald Tusk has made the most forceful rebuke of President Trump from an EU leader thus far, accusing him of "capricious assertiveness" for pulling out of the Iran nuclear deal and threatening the EU with tariffs.
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Vettel set the fastest lap and a lap record on his charge through the field on Sunday even as Mercedes struggled for the second weekend in a row with a car described by team boss Toto Wolff as "capricious".
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The states argue that DACA had become so entrenched in the immigration system that to abruptly end it was "arbitrary and capricious," and that such a U-turn demanded a better explanation than what administration officials offered on Tuesday.
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After weeks of deafening silence and quiet acquiescence, top tech leaders finally began to react strongly to policies of the new administration, spurred by a capricious immigration ban on some Muslim countries ordered by President Donald Trump on Friday.
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" The tribe's case also uses this language: "The Tribe now seeks expedited summary judgment on claims that this easement decision, as well as the Corps' July regulatory actions and accompanying NEPA analysis, are arbitrary, capricious, and contrary to law.
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We hold only that here, where the Executive did not make a discretionary choice to end DACA -- but rather acted based on an erroneous view of what the law required -- the rescission was arbitrary and capricious under settled law.
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In another development in Russia's long somnolent but suddenly fast-moving political scene, Mr. Putin on Monday removed the prosecutor general, Yuri Y. Chaika, a central pillar of the country's capricious law enforcement system throughout his 20-year rule.
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The lawsuit will be brought by New York's attorney general, Letitia James, and will argue that the federal government's actions were arbitrary and capricious, did not provide state residents equal protection and violated the state's sovereign immunity, officials said.
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The lawsuit, filed in the United States District Court for the District of Columbia against the Agriculture Department and its secretary, Sonny Perdue, argues that the finalized rule, set to take effect in April, is unlawful, arbitrary and capricious.
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In a complaint filed in Manhattan federal court, the states accused the U.S. Department of Agriculture of acting in an "arbitrary and capricious" manner in easing rules championed by former first lady Michelle Obama to make school lunches healthier.
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Washington (CNN)Republicans might be resorting a lot more often to prayer -- the new strategy several senators have adopted for dealing with their capricious President -- because of the forces unleashed by the latest fraught moment of the Trump era.
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In upholding the injunction, the appeals court held that the challengers were likely to succeed on their claims under the Administrative Procedure Act (APA) that the decision was "arbitrary and capricious" — the standard used for finding agency decisions to be unlawful.
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The uncaring universe, one so capricious you have to laugh, is a long-running theme for the Coens, and The Ballad of Buster Scruggs picks it up again, this time in six shorts centered on various caricatures of the American West.
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That by failing to consider consumer complaints or perform adequate studies on the state of the industry, federal protections, and effects of the rules, the FCC's order is "arbitrary and capricious" and thus cannot be considered to have been lawfully enacted.
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"And, upon review, we conclude that plaintiffs are likely to succeed on their claim that the rescission of DACA - at least as justified on this record - is arbitrary, capricious, or otherwise not in accordance with law," Judge Kim McLane Wardlaw wrote.
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WASHINGTON, April 7 (Reuters) - Federal regulators' decision to designate major insurer Metlife as "too big to fail" was "arbitrary and capricious," the U.S. judge who struck down the determination last month wrote in an opinion that was unsealed on Thursday.
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The hard reality is that while renewables are growing and becoming more cost-effective, their reliance upon capricious natural phenomena to generate energy (such as the wind blowing or the sun shining) makes them an unreliable safeguard for America's energy security.
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China's agreement to the tougher regime is certainly a sign of its frustration with its dangerously capricious neighbour, whose leader, Kim Jong Un, said this week that North Korea had developed miniaturised nuclear warheads that could be mounted on ballistic missiles.
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In a letter to US Judge Nicholas G. Garaufis of the US Court for the Eastern District of New York, lawyers for the National Immigration Law Center argue that the termination violated federal law that forbids "arbitrary and capricious" agency action.
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The Administrative Procedure Act will ultimately govern both of the overlapping issues at play here: if the courts have jurisdiction, and whether the repeal was legally justified or if it was "arbitrary and capricious," and thus illegal under the act.
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By taking all the top jobs under his control, he has been turning away from the collective leadership of equals that Deng had created after the Cultural Revolution to ensure the capricious rule of someone like Mao could never happen again.
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But in her order, she pointed to arguments that FSOC's assessment of MetLife was flawed, that some of its assumptions were "arbitrary and capricious" and that it did not give enough consideration to how the SIFI designation would affect MetLife financially.
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Second, there are now 40,000 Canadians each year who will not face prosecution for marijuana possession, and since more than 3.5 million Canadians say they used marijuana in the past year, at best, the law has been capricious in its application.
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Spa can often be a lottery, with its capricious weather, and rain could be a boon for Red Bull's Belgian-born Dutch teenager Max Verstappen, who can count on plenty of local support in what amounts to a home race.
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So it is significant that Maas used the words "White House" rather than the United States -- because it reflects how Europeans are increasingly looking for ways to engage Washington through other centers of power rather than through the capricious President.
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The writer knows full well how much embarrassing racial angst the choice will cause; it's impossible to view it as anything other than an act of slight sadism or capricious control—suddenly, the playwright's right there onstage, sticking out her tongue.
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The lawsuit blames the Department of Education for denying applicants "on arbitrary and capricious grounds" and failing to put a process in place to review erroneous decisions or ensure loan servicing companies provide accurate guidance to borrowers about their eligibility.
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New York, California, Illinois, Minnesota, New Mexico, Vermont and the District of Columbia said Agriculture Secretary Sonny Perdue acted in an "arbitrary and capricious" manner, and asked a Manhattan federal judge to void the new sodium and whole grain standards.
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The regulators' decision is subject to review under an "arbitrary and capricious" standard, and presumably subject to a good dose of the "Chevron deference," a legal principle that says courts should defer to regulators' interpretations of laws unless they're unreasonable.
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The only question is whether this is a reflection of total neglect for the job he's signed up for through January 2021 (or later) or an affirmative desire to bend the federal government to his capricious and would-be autocratic will.
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To everyone's shock and delight, The Lego Movie (and its successors) turned out to be a capricious, self-aware caper with the sort of fast-paced wit and winking humor rarely seen in big-scale studio projects aimed at kids.
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By then, Pai's FCC may have successfully repealed the net neutrality policy, setting up yet another legal showdown if public interest advocates can show that Pai acted in an "arbitrary and capricious" manner in violation of the Administrative Procedure Act.
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But as he has done throughout his campaign and the transition, Mr. López Obrador walked a fine line between satisfying his supporters and attempting to reassure investors concerned that his tenure will lead to runaway spending and capricious decision making.
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Because he is "unpredictable and kind of capricious," Mr. Urata said, more countries will perceive the United States as "a very difficult country to work with that we cannot trust and rely on," leaving a void that China will increasingly fill.
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The attorneys general said the rollback of so-called net neutrality rules were "arbitrary and capricious" and a reversal of a longstanding policy to prevent internet service providers from blocking or charging websites for faster delivery of content to consumers.
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Akin to having a phoenix hatch from a chicken egg, a Rembrandt tulip, with its streaked petals, was an ephemeral capricious beauty; they were short lived and people were not sure what caused them to be different from standard blooms.
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As Belfast's well-being remains intertwined with the results of London's ongoing negotiations—both with itself and the EU—Brexiteers are openly seeking to impose their own worst fear upon Northern Ireland: a destiny shaped by capricious and volatile external forces.
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In the brief, which calls the rule an "arbitrary, capricious and unconscionable" regulation, the companies argue that it would slow down their ability to hire crucial employees by tacking on additional requirements and paperwork to the already lengthy immigration process.
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But while the procedure was incorrect, the substance of the elephant trophy ban was legal, the judges found, and did not meet the "arbitrary and capricious" standard that courts use to evaluate whether regulations are not compliant with the law.
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The ruling not only reopens America's doors for travelers, asylum seekers and refugees from the seven blacklisted Muslim-majority countries but also delivers — amid the unsettling outset of Mr. Trump's aggressive and capricious presidency — a reassuring check on executive power.
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In his 49-page ruling, Alsup said "plaintiffs have shown that they are likely to succeed on the merits of their claim that the rescission was arbitrary and capricious" and must be set aside under the federal Administrative Procedures Act.
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In his 49-page ruling, Alsup said "plaintiffs have shown that they are likely to succeed on the merits of their claim that the rescission was arbitrary and capricious" and must be set aside under the federal Administrative Procedure Act.
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The commission's rollback of net neutrality rules were "arbitrary and capricious," the attorneys general said, and a reversal of the agency's longstanding policy to prevent internet service providers from blocking or charging websites for faster delivery of content to consumers.
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The only question is whether this is a reflection of total neglect for the job he's signed up for through January 2021 (or later), or an affirmative desire to bend the federal government to his capricious and would-be autocratic will.
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Despite the unfortunate shadow of a recent stint in jail I won't mention again, he turns in a capricious, fluctuating collection of bangers and singsong exercises that demonstrate his versatility as a performer and charm as a pronouncer of syllables.
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The death was also provoking debate in the industry as to whether sufficient support structures were available for chefs grappling with the pressures of a physically and mentally demanding job that can be in thrall to capricious rankings and unforgiving food critics.
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This is hung with drawings, pinned directly on the walls, of dynamic red uteruses and triumphantly heaving breasts, such as the wide and capricious "The Sea of Breasts," the exuberant "Hallelujah," and the delicately rendered, sensually exciting "Deux Mains-Tétons" ("Two Hand-Nipples").
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Commerce Secretary Wilbur Ross had contended that it was added to ensure the protection of minorities' voting rights, but a lower court judge had declared that reason pretextual and said Ross' move was "arbitrary and capricious" in violation of the Administrative Procedure Act.
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Mester's comments come against a backdrop of intense interest at the Trump administration and in the U.S. Congress in undoing many of the banking regulations imposed after the 2007-2009 financial crisis that the banking industry views as onerous, capricious and overly complex.
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With someone as capricious as Trump at the helm, this is a terrible time to predict the future of American agriculture, but it's the perfect moment to take a hard look at the past and ask what policies have made a difference.
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" More than a year ago, U.S. District Judge Rosemary Collyer struck down the FSOC's designation of MetLife as "systemically important," which signifies it could devastate the financial system if it failed and triggers stricter oversight, saying the label was "arbitrary and capricious.
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"What we're seeing right now is a capricious move that has a very high risk of unsettling the region," R. David Harden, a former official at the United States Agency for International Development who resigned in April, told the New York Times.
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"To suddenly change the decision and issue the easement after already starting the legal process of preparing an Environmental Impact Statement is arbitrary and capricious," then-National Congress of American Indians (NCAI) president Brian Cladoosby said in a statement responding to the decision.
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Conjoining a rigorous numerical process with free-associative roots, and tight rational thought with intellectual freedom, Darboven's capricious sense of time has resulted in diverse monumental works that may span a month, a year, even a century, all recorded day by day.
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What is certain is that we have a rare, capricious, storm-brewing beast of an El Niño lurking in the Pacific, hurling storms at the U.S. So, Californians, buckle your seat belts, it should be an unusually wild rest of the winter.
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"These two final agency actions are arbitrary and capricious, as the conclusions that trophy hunting of elephants and lions in Zimbabwe enhances the survival of the species are not supported by the evidence in the administrative record," the groups wrote in their lawsuit.
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"Petitioners will show that the final rule is in excess of the agency's statutory authority, goes beyond the bounds set by the United States Constitution, and otherwise arbitrary, capricious, an abuse of discretion and not in accordance with law," the lawsuit read.
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But it's not all self-serious stodge; the duck à l'orange gains capricious tartness with kumquat and lime; hake is served with cumin and chermoula; and Burgundy snails are baked in puff pastry, like a pot pie, with tomato and wasabi butter.
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This time, net neutrality advocates are likely to charge that Pai's FCC made an arbitrary and capricious decision to undo the work of its predecessors — and failed to take stock of the millions of Americans who urged the agency to reconsider its repeal.
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" More than a year ago, U.S. District Judge Rosemary Collyer struck down the government's designation of MetLife as "systemically important," which signifies it could devastate the financial system if it failed and triggers stricter oversight, saying the label was "arbitrary and capricious.
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In a polarizing battle, Democrats might be gaining leverageDemocrats and Republicans — defined in our polls by which party's primary or caucus respondents plan to vote in — have fluctuated discernibly in opinion, indicating how partisan and capricious voters are when it comes to impeachment.
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The process was usually informal and local, run by equipment owners who could be capricious or discriminatory, and prices tended to surge at the times of year every farmer in the area would be doing the same job and need the same equipment.
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The state attorneys, including those of California, New York and Virginia as well as the District of Columbia, filed a petition to challenge the action, calling it "arbitrary, capricious and an abuse of discretion" and saying that it violated federal laws and regulations.
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By conflating censorship with the responsible maintenance of its platforms, and by providing "rules" that are really just capricious decisions by a small coterie of the rich and powerful, Facebook and others have created a free-for-all with no consistent philosophy.
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This splitting, which is performed just as much on the left as it is on the right, tends to crack along lines of "authenticity" – the actually-oppressed are lacquered in noble suffering while the well-meaning are cast as naive and capricious.
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Ms. Napolitano's lawsuit, which was filed in Federal District Court in Northern California, also claims that the decision to rescind her DACA memo was "arbitrary and capricious" because the Trump administration officials did not offer an expansive legal argument justifying their decision.
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"Petitioners will show that the final action is in excess of the agency's statutory authority and otherwise is arbitrary, capricious, an abuse of discretion and not in accordance with law," the states, led by West Virginia, told the court in their filing.
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If there is wisdom to be gleaned from the surfer, that's where we're going to find it: in the characteristic competencies that constitute his form of life — reading waves, riding waves, weighing the duties of work against the capricious call of the sea.
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And everyone knows that Texas and Florida had some good fortune beyond the scope of human influence: The big winds never hit the major urban areas, and in Florida, capricious Irma did not deliver a storm surge as devastating as some had predicted.
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Mr. Mugabe morphed into a caricature of dictatorship: vain and capricious, encircled by the flashy spending of his second wife and other family members, who lived in luxury at home and went on shopping sprees and long annual vacations in the Far East.
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The state attorneys, including those of California, New York, and Virginia as well as the District of Columbia, filed a petition to challenge the action, calling it "arbitrary, capricious and an abuse of discretion" and saying that it violated federal laws and regulations.
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"Governments can be very capricious, they can change their minds and elections come along and at any one time we have some great political uncertainties looming over us, be that in the U.S. or issues with Brexit in the UK," Soames told Reuters.
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MEXICO CITY — Mexico's finance minister resigned on Tuesday with a scathing letter that accused President Andrés Manuel López Obrador's administration of capricious decision-making and conflicts of interest, in a surprise move that could prove a blow to the country's anemic economy.
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MEXICO CITY — Mexico's finance minister resigned on Tuesday with a scathing letter that accused President Andrés Manuel López Obrador's administration of capricious decision-making and conflicts of interest, in a surprise move that could prove a blow to the country's anemic economy.
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In petitions filed in a Washington, D.C., appeals court, supporters of those protections each slammed Pai for acting in an arbitrary and capricious manner, adding that the FCC chairman had essentially ignored the public's pleas to preserve the U.S. government's online safeguards.
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"The EPA's declaration that XtendiMax would have no effect on plants and animals was arbitrary and capricious," Paul Achitoff, a lawyer for non-profit Earthjustice told a three-judge panel at the 9th U.S. Circuit Court of Appeals in Seattle during a hearing.
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The Court's four Democratic nominees sided with the lower courts that the addition of the question was arbitrary and capricious (and hence illegal under the Administrative Procedures Act), while four of the Republican nominees would have allowed the question to go forward immediately.
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Defenders of Donald Trump's candidacy and his presidential transition have often dismissed the more capricious and unpresidential aspects of his personality — his thin-skinnedness; his grudge holding; his obsession with media coverage, popularity, and ratings — as things that wouldn't affect his administration.
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Should she return to conventional Atlanta rap after her foray into rock, I doubt rap fans will complain — her straightforward rap songs are exactly as defiant and surreal as her genre amalgamations, embodying the same capricious attitude within trap's sparer formal template.
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The drawing evidences an artistic method that plays on the line between chaotic control and non-control, aiming toward a capricious alliance that likens mechanical grinding to organic sexuality, an association that opens up both notions to mental connections that enlarge them.
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"These two final agency actions are arbitrary and capricious, as the conclusions that trophy hunting of elephants and lions in Zimbabwe enhances the survival of the species are not supported by the evidence," the conservation groups said in their 34-page lawsuit on Monday.
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"To the point about the capricious nature of our political will to act, Startz emphasized that his team forecasts the world's carbon intensity (a metric of carbon emissions relative to economic growth) "will fall as quickly as it has been falling for some time now.
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The decision, which found the Interior Department's repeal of the so-called valuation rule was "arbitrary and capricious", was the latest blow to the Trump administration's "energy dominance" agenda in the courts, where environmental groups and some states have challenged dozens of de-regulatory actions.
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"I expect that appropriate relief for this arbitrary and capricious aspect of the MPP's implementation will involve (at the very least) an injunction directing DHS to ask applicants for admission whether they fear being returned to Mexico," wrote 9th Circuit Judge Paul Watford in May.
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Chris Harvey, a firefighter with the Sacramento Fire Department, said the capricious path of destruction had to do with the nature of the Kincade fire: The high winds picked up embers and dropped them all around, and they caught in places with ready fuel.
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"We hope President-elect Donald Trump, who will very soon go into (the) White House, will handle himself with respect, accountability and responsibility and become a force of peace and stability rather than making whimsical and capricious remarks aimed at surprising the world," he said.
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Judges have ruled that by citing only a flawed legal rationale for ending DACA — and no policy justifications — the administration's decision was "arbitrary and capricious," an illegal exercise of presidential power without any legitimate basis to end a program relied on by about 700,603 people.
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In the Dodd-Frank Act, Congress respected the legacy of McCarran, in that it both permitted entities designated by the FSOC to challenge the decision under the "arbitrary and capricious" standard familiar in administrative law, and it also left the McCarran-Ferguson structure intact.
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She is wise about children, the ways of men, the capricious loyalty of white neighbors, family and friends; and though she is not perfect, her jealousies, petty behavior and side-eyed disdain give her character a complexity that makes her all the more convincingly human.
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Keeping up with the capricious Henry, a king haunted by his own miscarried sons and fear of impotence, meant disposing of Henry's second wife, Anne Boleyn (the antagonist of Book 19353.) Mantel exaggerates the poverty of Cromwell's childhood and gives him a drunken, abusive father.
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Which is all to say that I envy you greatly, K.L. Forced out of a job you loved by shifting winds and capricious bosses, you made a new life for yourself, one in which you are thriving at work and being rewarded for it.
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Rather the Christian idea is that whatever capricious powers may exist, when the true God enters his creation, he does so honestly, straightforwardly, in a vulnerable and fully human form — and exposes himself publicly, whether in a crowded stable or on an execution hill.
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A unanimous three-judge panel of the 5th U.S. Circuit Court of Appeals ruled Wednesday that the U.S. Environmental Protection Agency had "explained its decision adequately," meaning there was no grounds to strike it down as "arbitrary and capricious" under the federal Administrative Procedure Act.
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Judge Nicholas G. Garaufis of the US District Court for the Eastern District of New York ruled that DACA participants and states are likely to succeed in their challenge that the way President Donald Trump terminated the Obama-era program was arbitrary and capricious.
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And since hospitals won't perform abortions, the resulting one-week change brought on by this new law is "arbitrary," based on "capricious whim" and a way to "feed political meat" to a political base, said Dr. Willie Parker, board chairman of Physicians for Reproductive Health.
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Through Professor Young's temporary and capricious patronage I have survived on white bread and tuna in an apartment the size of a closet for the past two years; given my nonrenewal of contract, I am no longer obliged to pretend to respect his work.
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Here and elsewhere, local tax assessors served as accessories before the fact, deliberately overvaluing black-owned land or enacting sharp, capricious assessment spikes as development crept near, all aimed at forcing poor black farming families to sell under duress or steering them into tax delinquency.
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It's possible that this second-thought generosity will make it easier for the feds to argue they aren't being capricious; it's also possible, on the other hand, that they'll have more trouble claiming that DACA shutdown was a well-thought-through and deliberate process.
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Neither of the previous opinions relied on the argument that you can't presume something is unconstitutional, like Bates just did, but they both noted it, and it appears to have factored into their general judgments that the administration ended DACA in a rash and capricious way.
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Judge Seeborg's 126-page opinion said that Secretary Ross's purported consultation with the Census Bureau was "a cynical search to find some reason, any reason, or an agency request to justify that preordained result" – the very definition, according to Judge Seeborg, of an arbitrary and capricious act.
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In a 2-1 ruling, the Fourth Circuit Court of Appeals held that the Deferred Action for Childhood Arrivals program's rescission was "arbitrary and capricious" under federal law in part because the Department of Homeland Security "failed to give a reasoned explanation" for the change in policy.
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Same for Hulu original The Handmaid's Tale, which followed up its culturally resonant first stretch by slowly squandering its audience's goodwill over a second season that felt capricious and punishing, off the deep end of its Margaret Atwood source material and unsure of where to go.
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There is the President of the United States, angry, impulsive and capricious, breaking protocols and having no regard for the political system; you can draw the dots (and again with a certain immigration policy Frank proposes, and then again with frustration over his lack of press briefings).
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A state judge has ordered a new parole hearing for Judith Clark, a former left-wing militant who took part in a 1981 armored car robbery that left three dead, saying the State Board of Parole's decision last year to deny her parole was arbitrary and capricious.
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The attorneys general of New York, California and Maryland and the farmworker groups filed two separate lawsuits in Manhattan federal court claiming the EPA's decision in December to suspend the training requirements was arbitrary, capricious and an abuse of discretion in violation of the Administrative Procedure Act.
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Instead, they are learning to live with a sometimes capricious American President keen to redefine the West in his own nationalist image, who goes against the consensus of centrist, multilateral international politics, and who is not afraid to pull at the divisions existing within the European Union.
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"We conclude that plaintiffs are likely to succeed on their claim that the rescission of DACA -- at least as justified on this record -- is arbitrary, capricious, or otherwise not in accordance with law," reads the opinion from Judge Kim McLane Wardlaw, an appointee of President Bill Clinton.
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But, especially in a sprawling, diverse nation in which millions of students graduate every year from thousands of very different high schools, standardized assessments provide a useful tool for calibrating some of the capricious forces at play, from essay-coaching to the role of grade inflation.
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Illustrating this affair is a complicated feat: emotionally unstable, capricious Alma clearly gets the short end of the stick, to the extent that she is treated as Gropius's lifelong tormentress, rather than as a frustrated talent in her own right, whose reputation nevertheless depended on powerful men.
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And Saturday offers one last chance to catch the fired-up tenor Marcelo Álvarez as Des Grieux in Puccini's "Manon Lescaut" as he vies for the affections of the capricious title character, sung by Kristine Opolais, in Richard Eyre's staging, which transports the action to occupied France.
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Unlike the capricious Godzilla, who goes from stomping Japan to bits in one movie to protecting it in another, Mothra is always a heroine, saving Japan from reptilian hotheads like Godzilla and protecting the cave-dwelling residents of Infant Island, who worship her as a goddess.
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Indians Manager Terry Francona, who managed the Boston Red Sox when they staged an epic comeback from a 242-25 deficit against the Yankees in the 220 American League Championship Series, pointed to the capricious nature of these series and the fine margin between winning and losing.
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While this dot on the map has seen prospectors, prostitutes, miners and bootleggers come and go, it serves as a lesson on the dangers of betting it all on resource extraction, a capricious industry that has left the region scarred by environmental contamination and economic collapse.
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In his ruling, Judge Garaufis agreed with the lawyers that the rollback was arbitrary and capricious; but while he has vociferously criticized Mr. Trump from the bench for his anti-immigrant tweets and public statements, the judge made no mention of racial animus in his findings.
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In the Federal District Court in Washington, Judge Ketanji Brown Jackson said the termination of grants to pregnancy prevention programs in Texas and North and South Carolina, "without any explanation whatsoever," was arbitrary and capricious, flouted the agency's own regulations and violated the Administrative Procedure Act.
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Some would say that the pursuit of empowerment in the face of a capricious occupation regime designed to disempower the occupied is doomed to failure, or that even if we manage to attain some progress toward building our state, we merely succeed in normalizing the occupation.
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Rupert Murdoch, the Fox chairman and James's father, was known for capricious and overpriced deals, including Myspace and The Wall Street Journal's parent, Dow Jones, until his right-hand man at the time, Chase Carey, helped usher in a more disciplined use of capital in 2011.
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The Mexican comedy "You're Killing Me Susana" deserves kudos for having abrasive, capricious characters, but the director, Roberto Sneider, may have taken a cue from them: His movie is erratic, jumpy (thanks to a needlessly affected editing style) and not entirely in control of its message.
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In trying to sail through both the Northeast and Northwest Passages in the same year — a feat that would have been impossible as recently as 5003 — Hempleman-Adams, Edwards and the rest of the Northabout's crew ran smack into the capricious face of the new Arctic reality.
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He has instead accrued his power by courting wealthy donors on behalf of Republican candidates, tending to the gripes of the R.N.C.'s 168 committee members, closely monitoring his own Wikipedia page and mostly staying on the good side of the capricious Mr. Trump, his ambivalent patron.
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Activists and lobbyists will likely argue, just as activists and lobbyists have argued against the 2015 order, that the commission's change in policies is arbitrary and capricious, the classification decision isn't a permissible reading of the statute, and the commission lacks factual support for the order.
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He's gotten away with attacking pretty much every other publication and journalist who's gotten enough insight and access into the Trump White House to reveal what an absolute shambles the day-to-day management of it is, and how impetuous and capricious the president can be.
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In a 2-1 ruling issued earlier this month, the appeals court held that the Trump administration's decision to rescind the program was "arbitrary and capricious" under federal law in part because the Department of Homeland Security "failed to give a reasoned explanation" for the change in policy.
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As the track played, with its quick-fire verses, pounding, combative beat, and almost infantile chorus, I witnessed the entire cafe get up and start dancing—including myself, the capricious pre-teen who rejected any kind of mainstream culture because I was just too alt for that shit.
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The unfolding saga around CNN's July report highlights an uncomfortable reality for reporters in the Trump era — about the pitfalls of anonymous sourcing, the dangers of the reliance on capricious narrators, and what it means for news outlets when the backstory can matter as much as the story.
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"The Attorney General's directive to broadly exclude groups of aliens based on a sweeping policy applied indiscriminately at the credible fear stage, was neither adequately explained nor supported by agency precedent," Sullivan wrote, finding that the decision was "arbitrary and capricious" in violation of the Administrative Procedure Act.
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It's a capricious position, sure, but then most writers live lives about so sheltered and purposeless that it would make Richmond, the goth who lives in the basement and watches lights flicker on The IT Crowd, more morose than usual, so why begrudge them this bit of pompous whimsy?
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Devoted fans of Mr Dylan, dismayed that the "voice of a generation" seemed to be eschewing the acoustic, political folk music of his early albums for capricious rock tunes, had been jeering his electric guitars since they first appeared onstage at the Newport Folk Festival a year before.
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" The Progressive Lawyers Group, an association of pro-democracy barristers, solicitors and students in Hong Kong, said it was concerned that a requirement to sign such a pledge "could be a first step towards a capricious use of such statutory declarations in different contexts to achieve political ends.
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The California lawsuit — filed against the Commerce Department, Secretary Wilbur Ross, the U.S. Census Bureau and its acting head Ron Jarmin — maintained that asking the citizenship question isn't just unconstitutional but a violation of federal laws such as the Administrative Procedure Act prohibiting "arbitrary and capricious" agency actions.
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At the beginning of the war, every new massacre or atrocity really was treated with the indignation and solidarity it deserved; when boats started sinking in the Mediterranean, people really were as horrified as they ought to have been by the cruel and capricious destruction of innocent lives.
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The American Federation of Government Employees (AFGE) in a complaint in federal court in Manhattan on Wednesday said a May decision by the Federal Service Impasse Panel (FSIP) allowing the SSA to impose provisions of the 2018 executive orders was arbitrary and capricious, in violation of federal law.
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It could mean either finding the FCC has extremely broad powers to regulate the Internet itself under Section 230 of the Communications Decency Act, or it could lead to a court tossing out the FCC's net neutrality deregulation as a case of "arbitrary and capricious" rule-making, Feld added.
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Amazon wants the court to declare the DoD&aposs decision as "arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law" and grant a permanent injunction the prevents the agency from moving forward with the award to Microsoft without a new evaluation and award decision.
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"While the NFL and [NFL Players Association] bargained to allow the Commissioner to hear appeals of disciplinary decisions, they did not agree to let the Commissioner, sitting as an appellate arbitrator, to act in a manner that is arbitrary and capricious," the AFL-CIO wrote in its brief.
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This one from well-known techie Erica Joy was a typical response: As for the vast majority of tech leadership and pretty much all of their employees, they are now making a break for the wall-free border with the government's capricious and ill-conceived crackdown on immigrants and refugees.
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" But the 9th Circuit three-judge panel sided with HHS in June, writing in a 25-page opinion that "to find that the Final Rule's enactment was arbitrary and capricious, the district courts generally ignored HHS's explanations, reasoning, and predictions whenever they disagreed with the policy conclusions that flowed therefrom.
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"In my view, DHS has adopted procedures so ill-suited to achieving that stated goal as to render them arbitrary and capricious under the Administrative Procedure Act," he writes, citing the fact that asylum seekers are not asked whether they fear returning to Mexico unless they bring it up themselves.
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Writing in Politico, Primus argues that Spiro is just flatly wrong as a matter of law — the executive branch couldn't mandate such a capricious, arbitrary edict with no purpose: It is a basic rule of constitutional adjudication that the government must always have a valid purpose for the actions it takes.
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Judge Bruggink wrote at the time: We conclude as well that the contracting officer's findings that an organizational conflict of interest does not exist and that individual conflicts of interest did not impact the procurement, were not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
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Furman ruled that the Trump administration's decision to add a citizenship question to the census violated US law by being "arbitrary and capricious," since the Trump administration's stated reasoning for adding the question (to help enforce the Voting Rights Act) was shown at trial to be an after-the-fact rationalization.
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Hartnell's First Doctor was an amoral, grumpy, capricious figure whose main role was to incompetently ferry his companions — although at that point, they didn't have an official title; eventually they would become assistants, and later companions — to various times and planets, and then stand back while they got things done.
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The Loan Syndications and Trading Association (LSTA), the trade group representing the US CLO and leveraged loan markets, sued the Federal Reserve (Fed) and Securities and Exchange Commission (SEC) in 2014 saying risk retention was "arbitrary, capricious" and "an abuse of discretion," and could cut off funding to the neediest companies.
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So if Trump wants to truly shake up the elite milieu of political bosses, media, lobbyists and others, he should demand they un-rig the debates and eliminate the capricious rule requiring a presidential candidate to have at least 15 percent in public opinion polls to qualify for the fall debates.
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The court will reject the rule as arbitrary and capricious or not in accordance with law if it decides that the rule is not consistent with a statute or if it decides that the agency did not adequately consider the arguments made in well-supported comments that criticized the proposed rule.
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Still, he added, "Trump is likely to become more capricious in the coming months" and an unspecified military conflict somewhere could offer an attractive option for Trump looking to distract attention away from an investigation into possible collusion between members of his team and Russia ahead of the 2016 election.
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After how many rounds of appellate litigation, I think where we will actually ... I mean, the standard in the case was did the FCC act in an arbitrary and capricious manner, one of the few phrases I remember from law school, in overturning the previous set of rules that we liked.
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"In this arbitrary and capricious reversal of course, the Trump administration is circumventing the law, wholly disregarding the treaty rights of the Standing Rock Sioux and ignoring the legally required environmental review," Jan Hasselman, the lead attorney for the Sioux at the nonprofit law firm Earthjustice, said in a statement.
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Read more here: — Judge says Trump policy undermined public input: In a win for environmentalists, an Idaho federal judge voided 1 million acres of oil and gas leases out West, ruling the Trump administration's move to limit public input on leasing decisions was "arbitrary and capricious," The Post's Juliet Eilperin reports.
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"Congress gave the FDA broad authority to deem new products to be 'tobacco products' subject to that existing statutory regime, and the Court finds that it was not arbitrary and capricious for the agency to decide to take that action with respect to e-cigarettes," she wrote in her opinion.
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" After more than a year arguing about the rule in court, Chutkan reinstated it in April, saying the Trump administration had not taken the proper steps to revoke the regulation and that the administration's reason to scrap it was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
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While Sampaoli has cultivated his hip image by overachieving with a diverse team of capricious and sufficiently inflected talents – think Joaquín Correa, Daniel Carriço and Benoît Trémoulinas, not to mention criminally underrated former Stoke man Steven N'Zonzi – producing a fresh take on Bielsista is not the only way to earn a niche following.
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Judge Bruggink ultimately agreed with the DoD's findings: We conclude as well that the contracting officer's findings that an organizational conflict of interest does not exist and that individual conflicts of interest did not impact the procurement, were not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
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But before all of that, Klobuchar's nascent campaign has had to contend with ever more startling reports from former staffers, both men and women, who claim she is a horrible boss: not just demanding and exacting, capricious and cruel, even verbally abusive and physically volatile — but all of those things, at once.
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What rankles is the way Mr. Rosen has framed his decision as not capricious but inevitable, a clash between two cultures: old or older New York versus new or young New York, stuffy versus lively, an aging clientele of predigital corporate titans versus a crowd of up-and-comers, the past versus now.
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But despite the capricious nature of the task at hand — and some less than perfect outcomes — Hatton closed with steadying pars on his final seven holes, including the par-3 17th hole and the demanding 18th hole, both of which required nerve-racking shots to greens protected by long expanses of water.
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Using Article 155 "was neither our desire nor our intention," Mr. Rajoy said on Saturday, but had become the only way to to return Catalonia to legality, normality and maintain a Spanish economic recovery "which is now under clear danger because of the capricious and unilateral decisions" of the Catalan separatist government.
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Born in 1935, Pavarotti arrived on the scene just in time to ride the high-culture-mass-market wave that crested in the half-century after World War II. A smiling charmer, he was also, the film makes clear, more or less a child his whole life: sweet and generous, arrogant and capricious.
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After Mr. Sessions's announcement, a coalition of immigration lawyers and a group of 16 Democratic state attorneys general, led by Eric Schneiderman of New York, filed separate but linked lawsuits in Brooklyn, claiming that the repeal of DACA was an "arbitrary and capricious" decision largely motivated by a "racial animus" against Latinos.
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But the grand acquisition plan comes as Fox's attempt to buy the European satellite group Sky awaits a ruling from British regulators (pending a "fit and proper" test) and risks a throwback to another era, when Rupert Murdoch, now the Fox chairman, was known for his capricious and overpriced deals, Ms. Saba writes.
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News Analysis JAKARTA, Indonesia — As the jailed Christian governor of Jakarta prepared on Thursday to appeal his two-year prison sentence for blasphemy, his conviction has renewed criticism of Indonesia's notoriously capricious judiciary and set off a nationwide debate on the rights of minorities in the world's most populous Muslim-majority nation.
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In reality, employee status would not necessitate fixed schedules, but it's a convenient enough talking point for businesses keen to oppose this bill—if anything, the parties losing flexibility by this new arrangement would be the platforms themselves, which are often capricious in setting their pay rates and in deactivating (see: firing) drivers.
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But also if credibility -- this capricious and subjective thing that Hirono has withheld from Brett Kavanaugh but bestowed upon Christine Blasey Ford, a stranger whose politics she favors and whose accusations she sees as politically advantageous -- is THE standard, this disadvantages any victim who accuses a powerful person of sexual harassment or assault.
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To the Editor: Your article about a new rule by the nation's consumer finance watchdog quotes Representative Jeb Hensarling, a Texas Republican, as saying, "In the last election, the American people voted to drain the D.C. swamp of capricious, unaccountable bureaucrats who wish to control their lives" — a stunning example of Orwellian Newspeak.
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For pollsters, still reeling from the ignominy of last year's general elections, when the polls failed to foresee the Conservative Party winning an outright majority, the result was seen, fairly or not, as yet another embarrassment, raising questions about the challenge of parsing the will of capricious voters in open revolt against the status quo.
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Last weekend, Mr. Rajoy insisted that using Article 155 "was neither our desire nor our intention," but instead the only way to to return Catalonia to legality and normality and to maintain a Spanish economic recovery "which is now under clear danger because of the capricious and unilateral decisions" of the Catalan separatist government.
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That hit me all the harder when I read this short essay by Ali Araghi about growing up in Iran, where political instability or some capricious turn of government was forever screwing up his life plans, and then moving to the U.S., where for the first time he heard people talking casually about the future.
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" Judge Garaufis' statement was not a court order, but it was a potent hint of his position toward the decision to rescind DACA, a matter that arrived in his court last week when immigration lawyers filed a federal complaint saying that ending the program was an "arbitrary, capricious" move "based upon animus toward Latinos.
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"Cunning past men's thought," as Antony notes, she ingeniously elaborates a whole battery of stratagems to keep herself in the forefront of his attention: flirtation, capricious annoyance, the constant private teasing, frustrating allusions to significant undelivered information; but also, shared ambition, trusting collaboration, sincere deeply felt admiration for his achievements, insistence on her own equality.
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Though the shots were planned with the utmost precision, what happened within the frame was often subject to change depending on the weather, the ability of the actors to hit their marks in the mud, or how the more capricious members of the cast — including several animals and a baby — would react to the camera.
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"Because EPA has not engaged in reasoned decisionmaking, its promulgation of the delay rule is arbitrary and capricious," the court wrote, saying the EPA's move to delay the rule's implementation for more than 85033 months "makes a mockery of the statute" and that "there is no textual basis for EPA's current interpretation" of the law.
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They reveal that wildfire is a capricious enemy, but also indicate that there's more to preventing catastrophic loss of lives and property than the prescriptions offered by the president of the United States — whose tweets and public statements suggest that what California needs to do is hoard water, cut down trees to prevent fires spreading, and get busy raking.
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" The brief points out that the court in Gregg found the new state death penalty laws to be constitutional because they required the finding of "aggravating" circumstances — a move that the court's controlling opinion concluded would "direct and limit" who was eligible for execution "so as to minimize the risk of wholly arbitrary and capricious action.
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Judge Catherine Blake in the U.S. District Court for the District of Columbia ruled the administration's decision to end grants two years early for an organization participating in the program was "arbitrary" and "capricious" and that the Department of Health and Human Services would have to process applications for continued funding for the group involved in the lawsuit.
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And a new question is obsessing the Trump-obsessed, with the first of three scheduled presidential debates drawing near: Will the capricious, unabashedly vain and uncommonly boastful Republican nominee, who skipped a climactic primary season debate in Iowa over a feud with the Fox News anchor Megyn Kelly, wind up quitting after one confrontation with Mrs. Clinton?
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We can hop into a given Steam tag like "Nudity" and find a dozen games that are clearly in violation of the anti-pornography rule, and while pointing out that hypocrisy is fruitful, I think it might be more beneficial to simply say that Valve is clearly capricious when it comes to interacting with the content on their platform.
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Instead, one of the most profitable companies in the world hands down draconian and capricious punishments against some of its poorest players, to applause from a community that often doesn't understand the choices and pressures of poverty, but has heard a little bit about it, and thinks SmAsH should have just gripped his bootstraps a little tighter.
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He contradicts his negotiators, he changes policies 280 characters at a time, and he's deeply susceptible to flattery and fawning media portrayals of him as the decider; knowing this, how can any negotiating counterparty—be it the Taliban, the North Koreans, or even the Iranians—agree to anything with any American but the capricious president himself?
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On June 29, two days before those requirements were to take effect, a District Court judge ruled decisively for the plaintiffs, calling the Department of Health and Human Services "capricious" for approving Kentucky's plan at the beginning of the year and lambasting Secretary Alex Azar for failing to consider the impact the measures would have on those in need.
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Though the tournament's September date had given it the distinction of being the year's final major championship on any tour, it came with the risk of getting hit by capricious weather as seasons changed in Évian-les-Bains in the French Alps, where the tournament is held — and not enough daylight to weather a storm delay to complete play.
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Thanks to the slow if capricious process of historical declassification, the publications of renegade memoirs and histories, the dissemination of "open letters" by disgruntled former leaders, and the careful and painstaking research and analysis by Vietnam specialists, we now have a better understanding of who was on top in Hanoi and what battles he waged to get there.
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"State Plaintiffs respectfully request that the Preemption Regulation be declared unlawful and set aside because it exceeds NHTSA's authority, contravenes Congressional intent, and is arbitrary and capricious, and because NHTSA has failed to conduct the analysis required under the National Environmental Policy Act," the suit filed in U.S. District Court for the District of Columbia reads.
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"State Plaintiffs respectfully request that the Preemption Regulation be declared unlawful and set aside because it exceeds NHTSA's authority, contravenes Congressional intent, and is arbitrary and capricious, and because NHTSA has failed to conduct the analysis required under the National Environmental Policy Act," the suit filed in U.S. District Court for the District of Columbia reads.
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What happens when enough of us feel that we would rather die than be subject to arbitrary violence and the capricious whims of those with political, social, and police power — or when enough of us refuse to move until we have received an answer to that crucial question: why did you need to invent a nigger?
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In the case acted upon on Monday, gun owners James Rothery and Andrea Hoffman - who wanted to carry their weapons in public - sued the state and Sacramento County in 2008, saying the process for granting permits for carrying a concealed handgun was "arbitrary and capricious" and violated their right to bear arms under the U.S. Constitution's Second Amendment.
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CNN filed suit on Tuesday in the US District Court for the District of Columbia, asking a judge to find that the revocation of Acosta's hard pass access violated the First Amendment's free speech protections, the Fifth Amendment's right to due process, and the Administrative Procedure Act's provision barring "arbitrary and capricious" actions by federal agencies — in this case, the US Secret Service.
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The coalition's filing refers to the FCC's order as "arbitrary" and "capricious" and challenges the agency's ability to reclassify broadband without review under Administrative Procedures Act; it contends the order violations federal law, "including, but not limited to," the US Constitution and the Communications Act of 1934; and further alleges that the order was promulgated in violation of agency rulemaking requirements.
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Last week, a judge in the US District Court for the District of Columbia determined that HHS's decision to cut funding for four other recipients of the TPPP grants was "arbitrary and capricious," and Tuesday night a judge in Washington state found the same thing, ordering the re-funding of three Planned Parenthood affiliates and questioning HHS's motives to cut funding.
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Valve's behavior is reminiscent of similar moves by Apple, whose vague guidelines and capricious censorship around "pornographic content" — they once temporarily banned seminal indie game Papers, Please from their store for nudity, as well as the award-winning indie comic book Sex Criminals — have made the App Store a precarious place for smaller game developers and creators working with sensitive or mature content.
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It wasn't that she was scared he would try to force her to do something against her will but that insisting that they stop now, after everything she'd done to push this forward, would make her seem spoiled and capricious, as if she'd ordered something at a restaurant and then, once the food arrived, had changed her mind and sent it back.
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"Because the rule is within the agency's statutory authority and is neither arbitrary nor capricious, the petition for review is denied," wrote Judge Merrick GarlandMerrick Brian GarlandLaw professor: Court-packing should be 'last resort' Here's how senators can overcome their hyperpartisanship with judicial nominees McConnell campaign criticized for tombstone with challenger's name MORE, who penned the opinion for the panel.
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"The Financial Stability Oversight Council typifies the unfair Washington insider system that Americans have come to fear and loathe: powerful government bureaucrats, secretive government meetings, arbitrary and capricious rules and the power to pick winners and losers – and taxpayers always end up being the losers," Representative Jeb Hensarling of Texas, the Republican chairman of the committee, said in a statement on Wednesday.
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The first is "Air Mail," a funny and vivid story of a young traveler on a Thai island undergoing such severe amoebic dysentery that he enters a state of religious ecstasy; the second is "Capricious Gardens," which holds the unshakeable images of giant armfuls of artichokes in a dim country kitchen and the chalky relic of St. Augustine's finger bone.
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This experiment in emancipation had mixed results — an influx of altruistic volunteers known as Gideon's Band, the establishment of schools for the freed slaves, their conscription by the Union Army, and an economy that was self-sustaining but also undermined by capricious government decisions about distributing land — all of which foreshadowed the conflicts that would doom Reconstruction after the war.
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The National Federation of the Blind, the Council of Parent Attorneys and Advocates, and the National Association for the Advancement of Colored People said that the department was "arbitrary and capricious" in making substantive revisions to its case-processing manual, which guides its handling of civil rights complaints, without giving the public notice, an explanation or a chance to comment.
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