They construe objectionable opinions as invalid, even as a form of violence.
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Videos such as those by channel Secureteam construe conspiracy from faulty photographs.
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To construe a misdeed against one as a crime against half of humanity.
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It seems difficult to construe "appreciation and greetings" as a threat to murder Mueller.
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This is correct, but it's reductive to construe it as a strict either/or.
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"I've operated in environments where some people would construe me to be unusual," she said.
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"Courts must construe statutes to avoid unreasonable or absurd results," the appeals court judge previously wrote.
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You could construe his ubiquity as "trying to make a name off the case," he says.
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The memo says officials should construe the Constitution and existing federal law in favor of religious rights.
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"You shouldn't construe the absence of a comment from me one way or the other," Pompeo said.
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Two, when the courts construe ambiguous legislation, they should err on the side of limited government power.
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Like treason, the effort to construe this meeting as espionage would rip the crime from its statutory roots.
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" What it does do, CPJ said, is construe Assange's interactions with Manning "as part of a criminal conspiracy.
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Two straggler series in the Valentine's Day repertory cinema sweepstakes both construe love more broadly than simple romance.
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Versus a constitutionalist that is -- yeah, would actually just uphold the constitution and construe and read the case law.
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How to construe the relationship, for a given play, between the two sources and whatever Shakespeare had in mind?
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One is a warning against the temptation nations have to construe threats of war as equivalent to acts of war.
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"Tell her that I'm happy/Tell her that I'm gay," it urges, and listeners could construe its back story as they pleased.
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Social media, too, tend to make us more holistic, because they construe the airing of political views as an act of friendship.
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I have a beard, I work out five days a week, and people construe me as a "bear" (again, a label I hate).
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He was still barred from participating in politics, he explained, and did not know what the courts might construe as a political act.
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To construe the Marshall Plan exclusively in these ways, however, is to overlook both its larger purpose and its deeper sources of inspiration.
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There is, he wrote, no reason to think a suitably informed and reasonable observer would construe the monument as a government establishment of religion.
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He also said the PBOC's use of cash management tools such as repos and medium term loans did not construe changes in monetary policy.
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Most would construe the "right place, right time" notion as a form of good fortune, out of the control of those being directly affected.
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"The idea that people construe swearing as a marker of authenticity — that's one thing out of that article I found fairly convincing," says Guy.
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"I think sometimes, in popular narratives, people can construe Appalachians as people who are apathetic or almost complicit in their own oppression," says Lewin.
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More importantly, courts narrowly construe such definitions to protect the public from ambiguous rules that prosecutors can twist to indict anyone at any time.
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Regardless of your opinion about Masterpiece Cakeshop, or Jack Phillips, the case has the potential to determine how we legally construe the nature of religion.
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"How the special prosecutor can construe a 'code of silence' theory defies belief," Mr. Graham said after the charges against the three officers were announced.
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The Justice Department objected to this method, which judges might construe as coercive, but there is pending legislation that could make it possible to implement.
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"It's well established that the United States Supreme Court does not review decisions of state force that exclusively construe state law," attorney Stanton Jones said.
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As there were (and are) no white men moving into homes in the park, the Crow would have no reason to construe it as occupied land.
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The Committee also notes that the Supreme Court of the United States has stated that 'criminal laws are for courts, not for the Government, to construe.
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The most generous way to construe Chelsea Clinton's comments is to assume she's just talking about the political danger of reopening health care as an issue.
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"When food is in a bag that's full of other items, it's hard for an X-ray machine to construe exactly what it is," he said.
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But no reasonable person could construe Gramercy's speculative punt on archaic local IOUs as a foreign investment of the kind that the FTA is designed to protect.
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We ought to be careful not to construe that in anything other than a concern about the fact that money has undue influence on political decision making.
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" LGBTQ advocacy groups have previously condemned Smith for his views on gay rights, including his 2015 comment that he does "not construe homosexual rights as human rights.
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"But the only way you can construe a group of intellectuals talking to each other as dangerous is if you are scared of what they might discover."
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Some would construe "completely unique" as utterly hopeless, but by beating the Knicks twice in five days, the Nets improved their winning percentage to a still-anemic .
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And of the seven remaining states, most construe sex with near-17-year-olds as a misdemeanor, "and only one of those seven states calls that conduct abuse".
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Half a million dollars is a lot of money for what some might construe as essentially a hoodie with a bottle opener and some larger-than-normal pockets.
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And we both had a direct way of speaking that some might construe as blunt, a trait I giddily saw as a genetic puzzle piece nestling into place.
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" His essay contained this line about the Supreme Court: "Donald Trump will appoint men and women who will strictly construe the Constitution and not legislate from the bench.
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"I would not construe Trump's support as indicating that he is serious," Wang told Business Insider just after Trump first took a lead in national polls this summer.
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"We ought to be careful not to construe that in anything other than a concern about the fact that money has undue influence on political decision-making," he said.
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Viewers should not construe the contents of this video as legal, tax, accounting, regulatory, or other specialist or technical advice or services or investment advice or a personal recommendation.
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In some instances of tax evasion, where the proceeds are shown to have been used to fund other activities, authorities can construe this as a form of money laundering.
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Before we get started, while nothing you'll read below has any bearing on Final Fantasy XV's main story, some might construe details of a side quest as spoiler territory.
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It seems reasonable, then, to construe the impeachment exception to the presidential pardon power to prevent any subversion, direct or indirect, of so fundamental a check on executive abuse.
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In "51 Imperfect Solutions: States and the Making of American Constitutional Law" he writes that, "[s]tate courts have the authority to construe their own constitutional provisions however they wish".
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But to the Clintons and their defenders, they're tempests in teapots, proof that the media will try to construe even the most meaningless incidents as evidence of the Clintons' perfidy.
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In comments that some might construe as ageist, bitcoin investors Tyler and Cameron Winklevoss, 37, told CNBC in February that the technology is something an older generation may not understand.
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The Constitution broadly grants the Senate the "sole power to try all impeachments," and, the argument goes, McConnell could simply construe that broad power to include the power not to proceed.
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This was a brief, unanimous decision about how to construe a federal debt-collection law, but Justice Gorsuch went out of his way to pay homage to the separation of powers.
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But this view obscures our moral collusion with fear: how we construe our interests, how we legitimize the power that threatens those interests, how we choose to respond to that power.
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How will white people who didn't support Mr. Trump in 2016 construe their identity as white people when Trumpists, including white nationalists, Nazis, Klansmen and Mr. Bannon, have posted the markers?
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Bruck had filed a motion for a mistrial, arguing that the jury might construe Sanders's statement that "there's no place on earth for him" as a plea for the death penalty.
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China's leaders have come to construe trade hostilities as part of an American bullying campaign engineered to suppress their national aspirations and deny the country its rightful place as a superpower.
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The issue about what constitutes fraud in a contractual relationship is narrow, raising arcane questions about how a court should construe an agreement between sophisticated parties and when full disclosure is required.
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The obfuscation about my identity, my damp and beaten passport, the surreptitiously taken photos — some of them cutting the head off Kim Il-sung — could easily have been used to construe nefarious intent.
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Daniel Desrochers of the Lexington Herald-Leader reports that Bevin later tried to clean up those remarks by saying we should construe them as being about military service in the war on terrorism.
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Even when states do set a clear date for sending out coverage change notices, legislators can construe this as meaning they have at least a month before people actually start losing coverage, said Fitzgerald.
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And Instagram's slowing growth looks like a bummer for Facebook, even if you could construe the news as a shot in the arm for tech startups looking to break into the social media space.
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In order to continue the same line of work, the fund would now somehow have to tiptoe through its involvement in the education system without doing anything that the Kremlin could construe as political activity.
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As TechFreedom's Berin Szoka has pointed out, allowing the FTC to broadly construe and aggressively enforce data privacy consent decrees comes with enough uncertainty to deter smaller innovative startups because of fears of bankrupting fines.
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But it's maybe not the right tone to employ publicly when you're the U.S. president, especially when you're using it in the context of a comment that some might construe as an obstruction of justice.
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While many readers criticized Musk for lodging what they understood to be groundless accusations (and criticized Unsworth for disparaging Musk and his team's efforts to help), not a single reader seemed to construe Musk's statements literally.
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There's a sort of heads-I-win, tails-you-lose quality to these scenarios: Corporations compel consumers and employees to rely on arbitrators, yet turn to courts to construe ambiguities that arbitrators might decide against them.
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Essentially, prosecutors would have to prove that an objective person could construe Trump's comments as being an actual threat, while further proving a subjective test that Trump intended his words to be construed as a threat.
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It may be tempting to use labor's opposition to class actions in the wake of St. John's lawsuit so many years ago to construe the N.L.R.A.'s protections narrowly and let the arbitration act trump them.
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The answer is yes, if we choose to construe the pardon power's impeachment exception to prohibit not only presidential pardons of impeachment convictions but also pardons of those convicted of criminal undermining of the impeachment process.
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Still, from what we know so far, it is at least possible to construe the Trump team's various contacts with Russia as shady-looking but limited and inconclusive — because it isn't clear what they actually led to.
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Mr Laycock's brief empowers any American business owner to construe a customer's endeavours in a particular religious light—and to refuse service to people who undertake those endeavours, using his services or products, in ways he finds sinful.
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Until this past weekend, it was easy to construe FBI Director James Comey's extraordinary intrusions into the presidential campaign this year as consistent with a career defined by bureaucratic turf protection, and defensiveness of the institutions he's served.
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The central political argument of the far right on both sides of the Atlantic is that the "nation," as Hazony would construe it, is under assault from foreign influences, primarily nonwhite migrants who are bringing violence and stealing jobs.
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In some ways it is incongruous because the administration has taken a number of actions and advocated for others which most people would construe as being designed to undermine the ACA in general and the individual market in particular.
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Even assuming, for the sake of argument, that Mr. Trump intended an implied offer of continued employment in exchange for Mr. Comey's dismissal of the Flynn investigation, it would be implausible for Mr. Comey to construe it as such.
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The judge said that only bona fide trade secrets – and not all "business confidential" information – can be redacted from court filings going forward, rejecting defendants' assertion that the Supreme Court's Argus Leader case requires courts to construe protective orders more broadly.
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Mr Xi has a strong incentive to appear firm in his dealings with foreigners: in the run-up to a leadership reshuffle due by the end of this year, he cannot afford to show any flexibility that opponents might construe as weakness.
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Since it's hard to construe the debacle as a win for Pepsi regardless of what any data might say, the poll may be more of an indictment of the practice of focus group testing than a vindication of the soda giant's marketing strategy.
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And so, that was the front line where I first began to understand that this shift to the digital wasn't only a change in the equipment that we use, but a change in the whole way that we construe and relate reality into our own experiences.
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"But I think the danger is ... sometimes you can just end up focusing on a really narrow little sliver of the world and to construe that as the entirety of the world," he said, adding that regulators don't necessarily have a role in addressing that issue.
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And "Blackbird," which played on Broadway two seasons ago, toys for a while with the idea that sexual intimacies between a 12-year-old girl and a 40-year-old man might construe a love story, but it ultimately affirms that this of course was abuse.
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Justice William O. Douglas, in his majority opinion, drew on a number of amendments, including the First and the Ninth, to construe a "right to privacy" between husband and wife which made contraception legal for married couples and set a precedent for the majority decision in Roe v.
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The Indians may construe from the secretary's remarks that the non-state actors and the nations that prop them up in India's immediate vicinity could also be a potential security challenge to both the U.S. and India, and necessitate the need for ever greater and more effective U.S.-India Counterterrorism Cooperation.
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Japan's postwar constitution stipulates the emperor is a symbol of the state and shall not have powers related to government; the emperor cannot issue statements that might be considered political and Akihito therefore avoided any direct reference to abdication, which some might construe as a critique of the laws governing the imperial household.
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It is a searing chronicle of metamorphosis, and, owing in part to the performance of Abraham Attah, the Ghanaian actor who plays Agu, the film leaves the viewer little choice but to identify with a marauding underage soldier and to construe each incremental tragedy that befalls him as a basis for mitigating his culpability.
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" Finally, as Kimberly Strassel wrote in The Wall Street Journal , this idea is further bolstered by a 2012 paper by Cooper and Colatriano that argues "the Internal Revenue Code does not require that the 'cost' of an asset be measured only as its original price – meaning there is no reason Treasury could not construe it in today's dollars.
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Theoretically, if an agreement had been reached at the June 173, 2016, meeting (or at another time) to obtain and use opposition research from a Russian national to influence the presidential election, it is possible that the government could construe the agreement as an effort to defraud the government by impeding the lawful functions of the Federal Elections Commission.
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Indeed, when President Obama endorsed Hillary Clinton for president in June 15053 — during the height of the F.B.I.'s investigation into Secretary Clinton's private email server — it would have been similarly implausible for Mr. Comey to construe Mr. Obama's pro-Clinton remarks as an implicit offer of continued employment, in exchange for dropping the Clinton investigation.
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"That Congress enacted the Mine Safety Act because it believed the penalties available under the Coal Act had proven insufficient to deter safety violations further evidences that Congress did not intend for courts to construe 'willfully' in the Mine Safety Act more strictly than they had interpreted the term in the parallel provision in the Coal Act," the court wrote.
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"If Huawei wants to be a worldwide telecommunications company, that would be great, but they can't also be an agent of the Chinese government, and that's the fundamental problem that we have here, and to construe it as a trade dispute isn't really accurate, I mean they can treat it that way, but that's not what it is," King said. Sen.
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While most construe it to mean extirpating ISIS and Al-Qaeda from the face of the planet, the Indian perception relating to radical Islamic terrorism covers in addition all Al-Qaeda's South Asia affiliates like Lashkar-e-Tayibba, Jaish-e-Mohammad, HuM, the Haqqani Network, HuJI, the Afghan Taliban, the Pakistani Taliban, the Haqqani Network and Hizb-ul-Mujahideen all of whom have cost both the U.S. and India precious blood and treasure.
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Maybe she didn't care that those watching might construe her choice to wear Dolce at such a high-profile event as tacit support — and that indeed, those pictures of her can be used as exactly that sort of evidence forevermore — because she just likes Dolce's clothes (certainly the suit, which was buttoned-up to the throat with two military rows of buttons, strictly tailored, was very much in her style comfort zone).
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What you make of it, the straw-and-dung-flecked scene, whether or not you scroll witchcraft into it or construe the mare as a stud or momentarily affiliate the stall boy's jacket, its pleats and ripply tucks, with high station: though these cogs in the gearing of your take tooth a definite sequence, coloring and culling a specific harvest—these tell less in the mound weight on the pan balance than how the macro already in you cups it, the man you are, the woman you are, leaning in at the stall, breathing, not breathing.
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But however you construe the hierograph, the door must be demolished before you get out.
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Political endorsements create more opportunities to construe favoritism in reporting, and can create a perceived conflict of interest.
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'You never know what will happen.' :On construe un nove linea de metro al centro urban. 'They're building a new subway line to downtown.' :On collige le recyclabiles omne venerdi.
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Many jurisdictions now hold Markman hearings to construe patent claims prior to the start of the actual trial. Patent infringement suits now often settle after this stage of the litigation process.
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Bauer (1967) 251 Cal.App.2d 303, 316-317 [59 Cal.Rptr. 463, 27 A.L.R.3d 884]. Pursuant to our duty to liberally construe pleadings with a view to achieving substantial justice (Code Civ. Proc.
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A contract's terms are what was promised. Yet it is up to the courts to construe evidence of what the parties said before a contract's conclusion, and construe the terms agreed. Construction of the contract starts with the express promises people make to one another, but also with terms found in other documents or notices that were intended to be incorporated. The general rule is that reasonable notice of the term is needed, and more notice is needed for an onerous term.
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1831 pp. His co- authored book, with Michael Halliday, Construing Experience through Meaning: A language based approach to cognition shows how to construe a linguistic/semiotic approach to cognition without invoking pre-linguistic mental fictions.
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Originally the album was going to be called, Live... from the Funeral of God, but the band's management was concerned that fans might construe that to mean it's a live recording, so the title was shortened.
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When confronted with new knowledge or an experience, adult learners construe new meaning based on their greater life experiences.Merriam, S. B., & Caffarella, R. S., & Baumgartner, L. M. (2007). Learning in adulthood (3rd ed.). San Francisco: Jossey-Bass.
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Analysis of the footprints and skeletal structure showed clear evidence that bipedalism preceded enlarged brains in hominins. At a species level, the identity of the hominins who made the trace is difficult to construe precisely; Australopithecus afarensis is the species most commonly proposed.
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The Supreme Court held there should be an exception to the without prejudice rule for facts communicated between the parties in the course of without prejudice negotiations where such facts would assist the court to construe an agreement that resulted from the negotiations.
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They are also more likely to adhere to their vegetarian diets than men.Rosenfeld, Daniel L. "Gender differences in vegetarian identity: How men and women construe meatless dieting." Food Quality and Preference 81 (2020): 103859.Modlinska, Klaudia, Dominika Adamczyk, Dominika Maison, and Wojciech Pisula.
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The garbled script was then interpreted by Sharp who directed the actors to construe the plot points themselves and enact the play. According to Ars Technica, the final plot turned out to be a tale of romance and murder, set in a dark future world.
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New York: Appleton- Century-Crofts. This model, proposed by Latane and Darley,Latane, B., & Darley, J. 1970 describes five things that must occur in order for a person to intervene: #Notice the situation #Construe it as an emergency. #Develop feelings of responsibility. #Believe they have skills to succeed.
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Your purpose, then, plainly stated, is that you will destroy the Government, unless you be allowed to construe and enforce the Constitution as you please, on all points in dispute between you and us.Abraham Lincoln, Cooper Union speech, 1860. :: b. Whoever he be, he shall not go unpunished.
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Although, like Ockham, he refused to construe relations as things distinct from absolute entities, he clearly ascribed them to an act of the soul by which absolute entities are compared and placed in relation to each other. He therefore completely rejected certain propositions Ockham had admitted reasonable, even if he did not construe them in the same way. Albert's voluminous collection of Sophismata (c. 1359) examined various sentences that raise difficulties of interpretation due to the presence of syncategorematic terms such as quantifiers and certain prepositions, which, according to medieval logicians, do not have a proper and determinate signification but rather modify the signification of the other terms in the propositions in which they occur.
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One non-French etymology is Edwin B. Place's attempt to construe it in Breton as "diren dall", meaning "blade [that] dulls cutting edge" or "blade blinds". Another is James A. Bellamy's Arabic etymology, explaining a possible meaning of the sword's name to be "Ḏū l-jandal" meaning "master of stone".
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No US federal court has ever accepted a motion to dismiss because of claimed perjury trap. The defense is extremely difficult, because the question that elicited the perjured testimony must be immaterial to the case in which it was asked, and courts construe very broadly what questions count as material to a case.
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He argues that "theoretical categories, and their inter-relations, construe an abstract model of language ... they are interlocking and mutally defining. The theoretical architecture derives from work on the description of natural discourse, and as such 'no very clear line is drawn between '(theoretical) linguistics' and 'applied linguistics'".Halliday, 2002. "A Personal Perspective".
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Other international conferences are the biannual conference held at Alta, Utah sponsored by the (US) National Communication Association and American Forensics Association and conferences sponsored by the Ontario Society for the Study of Argumentation (OSSA). Some scholars (such as Ralph H. Johnson) construe the term "argument" narrowly, as exclusively written discourse or even discourse in which all premises are explicit. Others (such as Michael Gilbert) construe the term "argument" broadly, to include spoken and even nonverbal discourse, for instance the degree to which a war memorial or propaganda poster can be said to argue or "make arguments". The philosopher Stephen Toulmin has said that an argument is a claim on our attention and belief, a view that would seem to authorize treating, say, propaganda posters as arguments.
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In Gillespie Bros v Roy Bowles Ltd Lord Denning remarked,[1973] 1 QB 400, 415 > judges have… time after time, sanctioned a departure from the ordinary > meaning. They have done it under the guise of ‘construing’ the clause. They > assume that the party cannot have intended anything so unreasonable. So they > construe the clause ‘strictly’.
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Public and official hearing never took place. It is miraculous that some information managed to get out from the detention camp. From these bits of information we can construe what type of treatment this Servant of God was subject to, and what could have possibly caused his death. On 4 March 1951 he died.
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Neske, Pfullingen 1957, 1978. . Dallmayr relates what he learns from Heidegger to political philosophy, asking questions, such as: “What is the status of individualism and of traditional Western humanism?” and “How should one construe the relations between self and other human beings bypassing the options of contractual agreement and simple rational convergence?”Dallmayr, On the Boundary, 45.
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Power in society can create social distance from others who have either more or less power than oneself. Research has demonstrated that those who are primed with the concept of power tend to construe events in a more abstract, high-level manner. Differing social status can create social distance, and therefore may parallel other forms of psychological distance.
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People are prone to numerous types of confirmation biases—tendencies to construe, find, and formulate information in ways that prove existing opinions. Preconceived prejudices, stereotypes, and discrimination otherwise known as social biases can contribute towards these tendencies. People are also subject to exhibiting belief perseverance, the tendency to hold false convictions even after they have been disproved.
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When a court considers a motion to dismiss, it must take the allegations in the Plaintiff's complaint as true and construe the Complaint in a manner that is favorable to the Plaintiff. Thus, for a motion to dismiss to succeed, the complaint must lack either a cognizable legal theory or sufficient facts to support the legal theory.Fed. R. Civ. Pro. 12(b)(6).
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Platonist views of the mind construe concepts as abstract objects. Plato was the starkest proponent of the realist thesis of universal concepts. By his view, concepts (and ideas in general) are innate ideas that were instantiations of a transcendental world of pure forms that lay behind the veil of the physical world. In this way, universals were explained as transcendent objects.
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The court dismissed the action due to a lack of subject-matter jurisdiction. Dismissing the petition after two days of hearings, US District Judge Jeffrey T. Miller wrote "As ‘slavery’ and ‘involuntary servitude’ are uniquely human activities, as those terms have been historically and contemporaneously applied, there is simply no basis to construe the Thirteenth Amendment as applying to non-humans".
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Cantwell v. Connecticut,. and Niemotko v. Maryland,. and that where activities or enjoyment natural and often necessary to the wellbeing of an American citizen, such as travel, are involved, the Court will construe narrowly all delegated powers that curtail or dilute them. Consequently, it found that § 1185 and § 211a did not delegate to the Secretary the kind of authority exercised in this case.
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Timothy Williamson (2008) has argued that we should not construe philosophical evidence as consisting of intuitions. Other experimental philosophers have noted that experimental philosophy often fails to meet basic standards of experimental social science. A great deal of the experiments fail to include enough female participants. Analysis of experimental data is often plagued by improper use of statistics, and reliance on data mining.
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These companies construe a business day to be any day on which they provide service. Some businesses conduct business transactions and operations on a 24/7 basis due to the nature of the field. Such businesses include hotels, hospitals, police and fire departments, gas stations, and airports. With the introduction of flex time, the significance of the traditional business day is declining.
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Marrama’s argument was that he had an absolute right to convert his case from Chapter 7 to Chapter 13 under the plain language of §706(a) of the Code.. Citizens Bank argued that the statute uses the word “may” rather than “shall,” leaving room for the courts, in their discretion, to construe a "bad faith" exception to the general rule.
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If Parliament intends to do so, it must make its meaning crystal clear. As Singapore inherited English administrative law upon independence, the Singapore courts have adopted the UK position, holding that it is necessary to construe the relevant statutory provisions to ascertain whether Parliament has expressed an intention in plain and unequivocal words to take a discretion conferred on the executive out of the precedent fact category.
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Harrison v. NAACP, 360 U.S. 167 (1959), is a 6-to-3 ruling by the Supreme Court of the United States which held that the United States District Court for the Eastern District of Virginia should have abstained from deciding the constitutionality of three barratry, champerty, and maintenance laws in the state of Virginia until state courts had had a reasonable chance to construe them..
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In some of the places where the American War of Independence developed into a fierce civil war among American factions, there are recorded cases of both sides resorting to hanging, drawing, and quartering – both Loyalists and Patriots finding reasons to construe their opponents as being "traitors" deserving of such a fate.Armitage, David. Every Great Revolution Is a Civil War . In: Keith Michael Baker and Dan Edelstein (eds.).
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Esra at 705; Laurie Reynolds, Indian Hunting and Fishing Rights: the Role of Tribal Sovereignty and Preemption 62 743 (1984). Courts must also construe treaty rights and statutes liberally in favor of the Indians, even when the treaty does not specifically speak of hunting and fishing.Esra at 705; Charles K. Verhoeven, South Carolina v. Catawba Indian Tribe: Terminating Federal Protection with "Plain" Statements 72 1117 (1987).
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"); Matter of Figueroa, 25 I&N; Dec. 596, 598 (BIA 2011) ("When interpreting statutes and regulations, we look first to the plain meaning of the language and are required to give effect to unambiguously expressed intent. Executive intent is presumed to be expressed by the ordinary meaning of the words used. We also construe a statute or regulation to give effect to all of its provisions.
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Moreover, sitting or standing is not conduct that an observer > would normally construe as expressive conduct. However, for Negroes to stand > or sit in a "whites only" library in Louisiana in 1965 was powerfully > expressive; in that particular context, those acts became "monuments of > protest" against segregation.Clark, 468 U.S. at 306. Justice Marshall agreed with the O'Brien Test being applicable in this case but found fault in how it was explored.
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However, the Court refused to void the statute as unconstitutionally vague. The Court decided to limit the application of the statute only to defendants who hold a fiduciary duty and they participate in bribery and kickback schemes. The Court supported its decision not to rule the statute void for vagueness on its obligation to construe and not condemn Congress' laws. Ultimately, Skilling's sentence was reduced by 10 years as a result.
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United States, 422 F.2d 171 (9th Cir. 1970). See also United States v. Bowers, 660 F.2d 527 (5th Cir. 1981) (child abuse); United States v. Smith, 574 F.2d 988 (9th Cir. 1978)(sodomy). There seems to be a definite trend to construe 18 U.S.C. § 13 liberally to provide complete coverage of criminal conduct within a federal enclave, even where the offense is generally covered by Federal law.
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Unlike the situation in Freedman, Justice White observed, the challenged statute was federal, rather than state. Thus, "it is possible to construe the section to bring it in harmony with constitutional requirements."Thirty-seven Photographs, 402 U.S. at 368. He reviewed the legislative history of Section 1305 and found that senators during debate had been concerned about putting so much power in the hands of a low-level official.
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In 333 BC at the Battle of Issus, Alexander the Great defeated Darius III Codomannus in the foothills along the coast between these two passes. In the Second Temple period, Jewish authors seeking to establish with greater precision the geographical definition of the Promised Land, began to construe Mount Hor as a reference to the Amanus range of the Taurus Mountains, which marked the northern limit of the Syrian plain.
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It says witnesses saw lianglong "two/paired dragons" that ascended into the sky, and this dilong "earth dragon" leaving Liang territory was interpreted as a portent of their defeat in 550 CE. Ronan and Needham (1995:308) cite another context in Wang's biography that says his boat had shuanglong "two dragons" on the side, which they construe as a "literary emendation" for shuanglun "two wheels" describing an early paddleboat.
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Solicitor General Anthony Kamanga argued that the bill was not intended to include farting but instead, "fouling the air" was a reference to air pollution. He said fouling of the air can be done by burning tyres, rubbish and old computers or smoking, and thus spoiling the atmosphere of the neighbourhood. Kamanga said "How any reasonable or sensible person can construe the provision to criminalizing farting in public is beyond me".
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India's state of emergency between 1975 and 1977 included a family planning initiative that began in April 1976 through which the government hoped to lower India's ever increasing population. This program used propaganda and monetary incentives to, some may construe, inveigle citizens to get sterilized. People who agreed to get sterilized would receive land, housing, and money or loans.Relying on Hard and Soft Sells India Pushes Sterilization, New York Times, June 22, 2011.
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The court provided that the core of the case was to construe the words of section 5(9)(a) 1997 Act and thus apply it to the construction of the respondent's claim. It also provided that the case turned on the interpretation of this section. The court noted that “[s]tatutes should be construed according to the intention expressed in the legislation. The words used in the statute best declare the intent of the Act.
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Constructive trusts arise in around ten different circumstances. Though the list is debated, potentially the courts will "construe" a person to hold property for another person, first, to complete a consent based obligations, particularly those lacking formality, second, to reflect a person's contribution to the value of property, especially in a family home, third, to effect a remedy for wrongdoing such as when a trustee makes a secret profit, and fourth, to reverse unjust enrichment.
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That fund was also to go to his widow if his sisters died before her. There was a dispute over the will, and in the High Court in July 1961 Mr Justice Russell, was “asked to construe the home-made will of a retired Liverpool cotton-merchant”. Burrell's first husband, Carleton, died at King's College Hospital in June 1957, also leaving a substantial estate for that time, £16,162.Probate index for 1957 at probatesearch.gov.
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As for creating conflict with the laws of other states, she wrote: She summarized the Court's decision: Considering what relief to grant the plaintiffs, she noted that the Court of Appeal for Ontario had "refined common-law meaning of marriage" and then provided the Court's meaning: "We construe civil marriage to mean the voluntary union of two persons as spouses, to the exclusion of all others." The legislature retained its "broad discretion to regulate marriage".
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We also construe a statute or regulation to give effect to all of its provisions.") (citations omitted); Lamie v. United States Trustee, 540 U.S. 526, 534 (2004); TRW Inc. v. Andrews, 534 U.S. 19, 31 (2001) ("It is a cardinal principle of statutory construction that a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.
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Originally, the rule was conceived by English judges trying to limit Parliament's use of the death penalty. When the facts of a case were not expressly described by a law, the court would "strictly construe" it so as to exclude its application to the case in question. A 1547, a law passed that denied a lesser sentence to first-time offenders convicted of "felonious stealing of Horses, Geldings or Mares" among other offenses. 1 Edw.
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Guessing has been asserted to be necessary in literary theory, where "we have to guess the meaning of the text because the author's intention is beyond our reach". Because the reader can never put themselves in exactly the situation the author was in when the text was written, to construe the meaning of the text "is to make a guess".Paul Ricoeur, Interpretation Theory: Discourse and the Surplus of Meaning (1976), p. 75-76.
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Whirlpool Corp v Camco Inc, [2000] 2 S.C.R. 1067; 2000 SCC 67, is a leading Supreme Court of Canada decision on patent claim construction and double patenting. The court adopted purposive construction as the means to construe patent claims. This judgement is to be read along with the related decision, Free World Trust v Électro Santé Inc, [2000] 2 S.C.R. 1066, 2000 SCC 66, where the Court articulated the scope of protection provided by patents.
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We also construe a statute or regulation to give effect to all of its provisions.") (citations omitted); Lamie v. United States Trustee, 540 U.S. 526, 534 (2004); TRW Inc. v. Andrews, 534 U.S. 19, 31 (2001) ("It is a cardinal principle of statutory construction that a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.
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The courts construe the Basic Law's language to consider the provisions' context and purpose by finding its legislative intent; the legislator's intent alone is not considered the legislative intent. Ambiguities are resolved by accounting for the principles and purposes stated in the Chinese Constitution and other materials. Yet, the courts treat the Basic Law as a "living instrument" that adapts to changing needs and circumstances.W v Registrar of Marriages [2013] 3 HKLRD 90 (CFA).
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The district court held that the Government violated the Privacy Act, but that the Act only allows recovery for pecuniary damages. Having failed to state such a claim, the court ruled that Cooper could not make a claim for relief under the Act. That court also held that when the statutory language is ambiguous, the "sovereign immunity canon" requires a court to construe the damages provision in favor of the Government. The case was dismissed.
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This is result is reached, with some complexity, through the English doctrine of consideration. A contract of employment requires no form to be effective, however an employee has a right under the Employment Rights Act 1996 section 1 to receive written particulars stating the contract from the employer. This may not in fact be the contract, which a court can construe from all the circumstances, but will be strong evidence of it.
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Birch v Cropper (1889) 14 App Cas 525 is a UK company law case concerning shares. It illustrates the principle of exhaustion, that the rights attached to a share in an article would be presumed exhaustive, although one should construe the nature of a share with a starting presumption of equality. The principle is now subject to the advice given by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd and ICS Ltd v West Bromwich BS.
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Davis 2005: 201 was elected to replace him.Williams: 41; cf. Lyons: 116–117, MacCambridge 2005: 15 He received a three-year contract at $20,000 ($) per year, and transacted a sale of his stake in the Steelers to Rooney,Lyons: 114 albeit for a price Bell did not construe was full-value.Lyons: 166–167 He was then immediately placed at the center of a controversy wherein the owners denied Dan Reeves permission to relocate the Cleveland Rams to Los Angeles.
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Since such element was lacking, Netcom was not liable for direct infringement. The court also considered the negative consequences of holding Netcom directly liable. If Netcom was liable for making autonomous and incidental copies, this would result in liability for every single Usenet server in the worldwide link of computers transmitting Erlich's message to every other computer. The court concluded that there was no need to construe the Copyright Act to make all of these parties infringers.
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In canine-assisted therapy, therapy dogs interact with clients in animal assisted interventions, to enhance therapeutic activities and well-being including the physical, cognitive, behavioral and socio-emotional functioning of clients. Well trained therapy dogs exhibit the behavior that human clients construe as friendly and welcoming. They comfort clients via body contact. Therapy dogs are also required to possess a calm temperament for accommodating the contact with unfamiliar clients while they serve as a source of comfort.
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In 1975, the technicians' union (ACTT) criticized Anglia over the amount of regional programming being produced at the station, stating it had been dramatically decreasing since 1970 to just five hours per week. The concerns were raised to the IBA, who they believed would be able to construe the rapid decline in programming as the failure of Anglia to not fully commit to its obligations for the franchise area.Union criticizes cut in regional programmes. By a Staff Reporter.
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It is repeatedly cited by cases and law reviews to show that the court will construe laws and treaties, where ambiguous, in favor of the tribes.Michael P. Van Alstine, The Death of Good Faith in Treaty Jurisprudence and a Call for Resurrection, 93 1885 (2005). Judges and legal experts have noted that hunting and fishing rights are valuable property rights, and if the government takes away such rights, it must compensate those who hold the rights for their loss.
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"Professions for Women," The Death of the Moth and Other Essays. Harcourt, 1942, pp. 236-8. While it may be easy to construe that feminist writers embody the "madwoman" or "monster", Gilbert and Gubar stress the importance of killing off both figures because neither accurately represents women or women writers. Instead, Gilbert and Gubar urge female writers to strive for autonomous self-definition beyond this dichotomy, which they see as imposed by a reductionist patriarchal view of women's roles.
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The baby above may have a preverbal construct "Comes ... doesn't come when I cry". Constructs are applied to anything people put their attention to, including themselves, and constructs also strongly influence what people fix our attention on. People construe reality constructing constructs. Hence, determining a person's system of constructs would go a long way towards understanding him, especially the person's essential constructs that represent very strong and unchangeable beliefs; and also the constructs a person applies to him/herself.
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Three levels are suggested. At the lowest level, where least change has been made, cognitive interviewing of patients as a check that they construe ePRO and paper in the same way is sufficient. This level includes both trivial changes (touch rather than circle a response choice) as well as changes that are supported by empirical findings in the literature. At the second level, equivalence studies comparing the scores obtained from the two modes should be carried out.
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But that, of course, would be to read Congress's words of limitation as mere sham, and to read the presumption against pre-emption out of the law whenever Congress speaks to the matter with generality. That said, we have to recognize that our prior attempt to construe the phrase 'relate to' does not give us much help drawing the line here. 514 U.S. at 655. New York State Conference of Blue Cross & Blue Shield Plans v.
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Re Curtain Dream plc [1990] BCLC 925 is a judicial decision of the English courts in relation to recharacterisation. It held that where a transaction was documented in a certain way to mask the true nature of the transaction, the court could disregard the mask and construe the transaction as it was intended to be in truth. The court held that properly construed the transaction in question was a mortgage which was void against a liquidator for non- registration.
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Some representatives from international non- governmental organizations (NGOs) complained their participation in the ongoing policy dialog between Japan and various African governments was thwarted at TICAD-IV. A group of 55 African, Japanese and international NGOs came uninvited to Yokohama; this was the first time that a 'civil society forum' was incorporated into the compressed agenda. Six observers were allowed in as observers; and the NGOs construe such limited participation as reflective of a view of NGOs as unimportant.Bhowmick, Nilanjana.
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We have presented this view for the > purpose of preventing a misunderstanding as to what we believe to be the > spirit of the law upon the subject of murder. The statute which states that > we shall construe all penal laws liberally and in the furtherance of justice > requires us to look more to the spirit than to the letter of the law. This > is in harmony with the Divine law, which says, "The letter killeth; 'tis the > spirit that giveth life."Morris v.
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Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes.Botha 1. Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law: linguistics or semantics, common law and jurisprudence. Although statutory interpretation usually involves a personal predisposition to the text, the goal is generally to "concretise" it: to harmonise text and purpose.
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Isle of Wight Railway Company v Tahourdin (1884) LR 25 Ch D 320 is a UK company law case on removing directors under the old Companies Clauses Act 1845. In the modern Companies Act 2006, section 168 allows shareholders to remove of directors by a majority vote on reasonable notice, regardless of what the company constitution says. Before 1945, removal of directors depended on the constitution, however this case contains some useful guidance on how to properly construe the provisions of a constitution.
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Any skillful > mechanic, with [the prior art] before him, would readily construct the > requisite machinery.55 U.S. at 180. Nelson argued that the Court ought to "construe specifications benignly, and to look through mere forms of expression, often inartificially used, to the substance, and to maintain the right of the patentee to the thing really invented, if ascertainable upon a liberal consideration of the language of the specification." These inventors did not suppose that their invention was the arrangement of machinery.
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Hill, 2004, the case failed to proceed based on being moot, without standing and out of time.Statute of limitations The Court cited Southern Pacific Terminal Co. v. ICC, , which had held that a case was not moot when it presented an issue that was "capable of repetition, yet evading review". Perhaps in response to increasing workloads at all levels of the judiciary, the recent trend in the Supreme Court and other U.S. courts has been to construe this exception rather narrowly.
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The fixed words of the idiom (in blue) are top-down continuous on the NP-analysis (they form a catena), whereas this continuity is destroyed on the DP-analysis, where the possessor (in green) intervenes. Therefore the NP-analysis allows one to construe idioms as chains of words, whereas on the DP-analysis, one cannot make this assumption. On the DP-analysis, the fixed words of many idioms really cannot be viewed as discernible units of syntax in any way.
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However, the higher an individual's level of prejudice, the more likely he was to construe an undefined affirmative action program (e. g. not necessarily preferential) as violating the merit principle and, in turn, oppose the undefined affirmative action program. These high-prejudice individuals were able to rationalize their prejudice as a concern for justice, although no traditional justice norms had been explicitly violated. In this way, symbolic racism functions through rationalization as a concern for traditional norms without conscious awareness.
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Treaties 3, 4, 5, 6 and 7, bearing the image of Queen Victoria The Canadian Crown and Indigenous peoples began interactions during the European colonization period. Numbered treaties, the Halifax Treaties, the Indian Act, the Constitution Act of 1982 and case laws were established. Aboriginal peoples construe these agreements as being between them and the Crown of Canada through the districts Indian Agent, and not the Cabinet of Canada. The Māori interprets the Treaty of Waitangi in New Zealand similarly.
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Meese, Edwin; Edwin Meese, III, David F. Forte, Matthew Spalding, "The Heritage Guide to the Constitution" Regnery Publishing, 2005, p. 264 This was done not only to prevent judges from constructing new treasons, but also to prevent Congress from enacting new ones. The constitutional definition did not immediately deter prosecutors from attempting to prosecute for levying war people who had not directly done so. However the Supreme Court resisted efforts to construe the definition more widely than its text appeared to allow.
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He burst from an uneasy sleep into a frenzy so violent it took four orderlies to strait- jacket him. For nearly fifteen minutes he gave vent to an incredible rant. The words were in the voice and couched in the paltry vocabulary of Joe Slater but the onlookers could construe from the inadequate language a vision of: The ranting stopped as suddenly as it had started. This was the first of what would become nightly "attacks" of a similar nature.
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Christian society in the Late Middle Ages began to construe the witch as a creature inside of society rather than outside it, which partly led to the witch trials of the early modern period. Duerr argues that the societies of European Christendom began to increasingly accept female nudity in art and fashion during the Late Middle Ages.Duerr 1985. pp. 40–59. Examples in the historical European folk tradition where criminals have been declared to be outside of the law and banished from the community are illustrated.
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In the "Diyarbakır Salnâmeleri" (Yearbooks of Diyarbakır), it is recorded that the tower was built in 906 as a stable and high structure, and was converted into a minaret with the construction of the mosque next to it after the conquest of the region by Islamic people. Today, local people construe that the four columns at the minaret's base symbolize the four main denominations of Sunni Islam , namely Hanafi, Hanbali, Maliki and Shafi'i. The mosque underwent a restoration in 1960 through the General Directorate of Foundations.
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A central question in the study of concepts is the question of what they are. Philosophers construe this question as one about the ontology of concepts—what they are like. The ontology of concepts determines the answer to other questions, such as how to integrate concepts into a wider theory of the mind, what functions are allowed or disallowed by a concept's ontology, etc. There are two main views of the ontology of concepts: (1) Concepts are abstract objects, and (2) concepts are mental representations.
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Reading the text of subsections (a) and (b), Justice Scalia concluded that the recidivism provisions of subsections (b)(1) and (2) were additional elements of separate crimes. This conclusion had two premises. First, the two subsections had parallel language that was nearly identical. Second, concluding that Congress had intended for subsection (b) to define separate crimes would have allowed the Court to avoid deciding the constitutional question of whether the Sixth Amendment required the Court to construe subsection (b) in that way regardless of Congress's intent.
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PCP has always been a minority interest among psychologists. During the last 30 years, it has gradually gained adherents in the US, Canada, the UK, Germany, Australia, Ireland, Italy and Spain. While its chief fields of application remain clinical and educational psychology, there is an increasing interest in its applications to organizational development, employee training and development, job analysis, job description and evaluation. The repertory grid is often used in the qualitative phase of market research, to identify the ways in which consumers construe products and services.
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The members of the Commission of Inquiry, as announced on 1 September 2006, were Clemente Baena Soares of Brazil, Mohamed Chande Othman of Tanzania, and Stelios Perrakis of Greece. The Commission noted that its report on the conflict would be incomplete without fully investigating both sides, but that "the Commission is not entitled, even if it had wished, to construe [its charter] as equally authorizing the investigation of the actions by Hezbollah in Israel", as the Council had explicitly prohibited it from investigating the actions of Hezbollah.
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Another way to construe the zombie hypothesis is epistemically – as a problem of causal explanation, rather than as a problem of logical or metaphysical possibility. The "explanatory gap" – also called the "hard problem of consciousness" – is the claim that (to date) no one has provided a convincing causal explanation of how and why we are conscious. It is a manifestation of the very same gap that (to date) no one has provided a convincing causal explanation of how and why we are not zombies.
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Ng Ka Ling & Others v Director of Immigration (1999) 2 HKCFAR 4. Provisions satisfying the classification condition are "excluded provisions", suggesting that they cannot be interpreted by the CFA. When the court needs to refer to an excluded provision to construe a non-excluded provision, the CFA is not required to request an NPCSC interpretation on the excluded provision. Instead, the CFA applies the "predominant test", in which the court asks which provision is predominantly the one needed to be interpreted in the present adjudication.
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In Attorney General of Belize v Belize Telecom Ltd,[2009] UKPC 10, [16]; cf Southern Foundries (1926) Ltd v Shirlaw [1940] AC 701 Lord Hoffmann held that courts construe the meaning of a company's articles in the same way as any other contract, or a piece of legislation, mindful of the context in which it was formulated.See also, Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 So in this case, the appropriate construction of a company's articles led to the implication that a director could be removed from office by shareholders (and did not have a job for life), even though a literal construction would have meant no person possessed the two classes of shares required to remove that director under the articles. Even if companies' articles are silent on an issue, the courts will construe the gaps to be filled with provisions consistent with the rest of the instrument in its context, as in the old case of Attorney General v Davy where Lord Hardwicke LC held that a simple majority was enough for the election of a chaplain.(1741) 26 ER 531 A board of directors is accountable to the general meeting.
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Griffith CJ held that: > I will refer to some rules which have been laid down for the interpretation > of Acts of Parliament, for this Constitution is an Act of Parliament. ... It > is, however, always a question of construction, whether we are called upon > to construe the terms of a section, or to decide whether powers are > necessarily to be implied in addition to those which are expressed. The same > rules of interpretation apply that apply to any other written > document.Tasmania v Commonwealth (1907) 1 CLR 329 at 338.
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This definition of guilt is radically different from in other theories of personality. Kelly used the example of the man who regards others as cow-like creatures "making money and giving milk." Such a man might construe his role in relationship to others in terms of his ability to con favors or money from them. Such a man, who other psychologists might call a ruthless psychopath, and see as unable to experience guilt, feels guilt, according to Kelly's theory, when he is unable to con others: He is then alienated from his core constructs.
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In each case widespread damage was averted by bringing in reinforcements for the local authorities from Antigua and, in 1890, from St. Thomas. Whilst the violence undoubtedly reflected disenchantment with the economic decline and lack of social services, it would be wrong to construe this period as a form of "Dark Ages" for the Territory. During this period there was, for the first time, a significant expansion in the islands' schools. By 1875, the Territory had 10 schools; a remarkable development in light of the complete absence of functional schools after the insurrection of 1853.
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In meticulous detail each party agreed to terminate any act that could remotely affect the sovereignty or security of the other. This agreement included preventing an expatriate or a refugee from publishing a statement which his/her government could construe as a contribution to unrest within its territory. The bilateral agreement between the Afghanistan and Pakistan on the principles of non-interference and non-intervention was signed on April 14, 1988. The accords thus facilitated a withdrawal by an erstwhile superpower, in a manner which justified an invasion.
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American Humanist Association (2019). In Int'l Refugee Assistance Project v. Trump (2017), Judge Wynn wrote a concurring opinion contending that President Trump's Travel Ban exceeded the President's authority under the Immigration and Nationality Act because it denied entry to a class of aliens on the basis of individious discrimination. Judge Wynn's opinion was grounded in the interpretive principle that absent a clear statement by Congress, courts should not construe a delegation of congressional power as authorizing the delegates to exercise that power in a manner that curtails or dilutes fundamental rights.
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In the area north of the village of Rehweiler, in the valley of the Eisenbach, once lay the village of Kengerhausen, the likelihood being quite high that it was somewhere within Rehweiler's current limits. The village is only known from one mention in an historical document from 1588. It was likely actually a bigger than usual farmstead. Researchers Dolch and Greule construe the name as meaning a place Zu den Königsleuten (“At the King’s People”), which therefore would mean that it must have arisen before the founding of the Remigiusland in the Königsland.
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The presentation is revealed to them when Emma presents it to the crowd of children and parents at the Family Day school presentation. Olivia quickly realizes that people construe “the two mommies” to mean that she and Natalia are lesbian lovers. Seeing the presentation through her own naïve eyes and also wanting to see it from Emma's innocent perspective, Natalia does not understand the inferences being drawn from Emma's presentation. Olivia tries to explain the inferences to Natalia; however, she is unable to say “lesbians” and skirts the issue by using ambiguous terms.
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Popular literature evoking Piers by name or in spirit began to construe elites as people with whom one may compete and win. Langland's "fair field of folk" became a socioeconomic playing field on which elites are perhaps no less important to the nation than the common people. In this way Langland's Piers and Piers-like figures helped establish an English national identity based on and for the popular rather than the elite culture. This popular self-understanding seems to have flourished especially in the nonconformist Puritan mind where it could be radicalized.
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Para 114. It is one thing, Sachs wrote, for the Constitutional Court to acknowledge the important role that religion plays in public life; it is quite another for it to use religious doctrine as a source for interpreting the Constitution. It would be out of order to employ the religious sentiments of some as a guide to the constitutional rights of others. Judges would be placed in an intolerable situation if they were called upon to construe religious texts and take sides on issues that have caused deep schisms within religious bodies.
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For prosectors, it is advantageous to construe these terms loosely in order to secure as many convictions as possible for violation of this code. Examples of loose interpretation exist not only in California, but also in other states such as Colorado where similar code (Colorado Code § 18-1-901(3)(g)) applies in cases even when a shooting at an detached garage that does not traditionally constitute a dwelling or house. However, courts in both of these states and others have held that it does qualify as an occupied building for purposes of criminal conviction.
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Indeed, Platonism gets much of its plausibility because mentioning redness, for example, could be assumed to be referring to something that is apart from space and time, but which has many specific instances. Some contemporary linguistic philosophers construe "Platonism" to mean the proposition that universals exist independently of particulars (a universal is anything that can be predicated of a particular). Similarly, a form of modern Platonism is found in the philosophy of mathematics, especially regarding the foundations of mathematics. The Platonic interpretation of this philosophy includes the thesis that mathematics is discovered rather than created.
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Some construe the images of European vessels with high sterns to be 16th or 17th century (Portuguese) ships, which is historically notable as the first reports of exploration of this coast to reach Europe are those from Captain James Cook's voyage aboard HMS Endeavour in 1770. In shelters on nearby Castle Peak there are similar paintings: of a steam ship, and a detailed image of a lugger, identifiable as the Mildred, towing a dinghy. An important mythological site occurs at Muyu-Walin figuring in the major Itjibiya mythic cycle.
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Kamila B. Richter is interested mainly in everything mediatised, the machine glare: the depiction of preconscious processes of sight, which our brain has learned to subconsciously construe. For Kamila B. Richter the camera’s blurred limited phase image is the proper reflection of reality. The abstract, mediatised reality as content and old master style oil painting technique, which she layers in weeklong work stages to finish her versions of mediatised streetscapes, materialize the tension of contemporary visual culture.Kamila B. Richter – Exhibition "Divine Error" at the Zdeněk Sklenář at the Schönkirchovský palác.
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These approaches are primarily based on using bibliographical references to organize networks of papers, mainly by bibliographic coupling (introduced by Kessler 1963) or co-citation analysis ( independently suggested by Marshakova 1973 and Small 1973). In recent years it has become a popular activity to construe bibliometric maps as structures of research fields. Two considerations are important in considering bibliometric approaches to KO: # The level of indexing depth is partly determined by the number of terms assigned to each document. In citation indexing this corresponds to the number of references in a given paper.
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Historical coat of arms (illustrated, 1876) The current motto looks a little different than the 1639 version (c.f. Sustinet qui transtulit). It was first seen in the colonies in 1639 on a seal brought from England by Colonel George Fenwick. The meaning of the motto was explained on April 23, 1775 in a letter stamped in Wethersfield, Connecticut: "We fix on our Standards and Drums the Colony arms, with the motto, Qui Transtulit Sustinet, round it in letters of gold, which we construe thus: God, who transplanted us hither, will support us".
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'Umar ibn Al-Khaṭṭāb's grandfather Nufayl ibn Abdul Uzza arbitrated in a dispute between 'Abdul- Muṭṭalib and Ḥarb ibn Umayyah, Abu Sufyan's father, over the custodianship of the Kaaba. Nufayl gave his verdict in favour of 'Abdul-Muṭṭalib. Addressing Ḥarb ibn Umayyah, he said: > Why do you pick a quarrel with a person who is taller than you in stature; > more imposing than you in appearance; more refined than you in intellect; > whose progeny outnumbers yours and whose generosity outshines yours in > lustre? Do not, however, construe this into any disparagement of your good > qualities which I highly appreciate.
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Barton J similarly applied principles of statutory construction that the ordinary meaning of the words and their grammatical construction applied unless there were reasons from its context or intention to construe the provision otherwise. O'Connor J stated that : > I do not think it can be too strongly stated that our duty in interpreting a > Statute is to declare and administer the law according to the intention > expressed in the Statute itself. In this respect the Constitution differs in > no way from any Statute of the Commonwealth or of a State. ... The intention > of the enactment is to be gathered from its words.
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Outside the oil and gas context, "take or pay" contract terms are often rejected by courts as unenforceable penalties. Courts look at these as "liquidated damages" clauses that must be based on a reasonable approximation of the actual damage that a party would suffer due to the other party's breach. "Take or pay" generally does not meet that standard. At least within the oil and gas context, however, courts tend to construe "take or pay" contracts as providing a means of alternative performance; a gas purchaser can either buy the gas or pay a deficiency amount.
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Thus from 1954 until termination in 1961, the Menominee's hunting and fishing rights were not interfered with by Wisconsin. The Termination Act stated that all federal statutes dealing with the tribe were no longer in force, but Douglas noted that it was silent with regard to treaties. The act did not specifically address the hunting and fishing rights, and Douglas stated that the U.S. Supreme Court would "decline to construe the Termination Act as a backhanded way of abrogating the hunting and fishing rights of these Indians."Menominee Tribe of Indians, 391 U.S. at 412-13.
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The purpose of looking at Hansard will not be to > construe the words used by the Minister but to give effect to the words used > so long as they are clear. Far from questioning the independence of > Parliament and its debates, the courts would be giving effect to what is > said and done there.BAILII p. 27 Agreeing with Browne-Wilkinson, Lord Griffiths also wrote, in regards to legislative interpretation, that: > The days have long passed when the courts adopted a strict constructionist > view of interpretation which required them to adopt the literal meaning of > the language.
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Philosopher Richard Rorty has a somewhat paradoxical role in the debate over relativism: he is criticized for his relativistic views by many commentators, but has always denied that relativism applies to much anybody, being nothing more than a Platonic scarecrow. Rorty claims, rather, that he is a pragmatist, and that to construe pragmatism as relativism is to beg the question. :'"Relativism" is the traditional epithet applied to pragmatism by realists'Rorty, R. Consequences of Pragmatism :'"Relativism" is the view that every belief on a certain topic, or perhaps about any topic, is as good as every other. No one holds this view.
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Sofer had no qualms about his ideology. Mordecai Benet, in his lettres to Hamburg, attempted to construe a complex halakhic defence of the exclusive use of Hebrew in prayer, enlisting both intricate mystical claims about the importance of enunciating the holy names and the need to preserve the language. These proved an easy target for the partisans of the temple. Sofer, however, blandly stated that the German prayers "were not of great significance", but banned them outright because it was an innovation, stressing the difference between him and the Reformers were a matter of principle, not of specific practices.
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Most scholars construe economy as involving the production, distribution, and consumption of goods and services within and between societies. A key concept in a broad study of economies (versus a particular econometric study of commodities and stock markets) is social relations. For instance, many economic anthropologists state that the reciprocal gift exchange, competitive gift exchange, and impersonal market exchange are all reflective of dominant paradigms of social relations within a given society. The main forms of economy around most of the world today, in terms of a simple production, distribution, consumption model, are subsistence-based and market economies.
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For example, Bush once wrote in a signing statement that he would, "construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power." Critics acknowledge that part of the President's duty is to "interpret what is, and is not constitutional, at least when overseeing the actions of executive agencies," but critics accused Bush of overstepping that duty by his perceived willingness to overrule US courts.
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Rent is a requirement of leases in some common law jurisdictions, but not in civil law jurisdictions. In England and Wales it was held in the case of Ashburn Anstalt v Arnold that rent was not a requirement for there to be a lease, however the court will more often construe a licence where no rent is paid as it is seen as evidence for no intention to create legal relations. There is no requirement for the rent to be a commercial amount; a peppercorn or rent of some nominal amount is sufficient for this requirement.
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Thomas Bonham v College of Physicians, commonly known as Dr. Bonham's Case or simply Bonham's Case, was a case decided in 1610 by the Court of Common Pleas in England, under Sir Edward Coke, the court's Chief Justice, who explained why he thought that "in many cases, the common law will control Acts of Parliament".Pollard (2007) p.51 Coke's meaning has been disputed over the years. According to one interpretation, Coke intended the kind of judicial review that would later develop in the United States, but other scholars believe that Coke meant only to construe a statute, not to challenge parliamentary sovereignty.
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Between 1954 and 1957, the Diệm government succeeded in quelling large-scale, disorganized dissidence in the countryside. In early 1957, South Vietnam enjoyed its first peace in over a decade. Incidents of political violence began to occur in mid-1957, but the government "did not construe it as a campaign, considering the disorders too diffuse to warrant committing major GVN [Government of Vietnam] resources." By early 1959, however, Diệm had come to regard the (increasingly frequent) disorders as an organized campaign and implemented Law 10/59, which made political violence punishable by death and property confiscation.
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Rules not enacted pursuant to an explicit statutory delegation of lawmaking power, called interpretive rules, are issued merely to provide guidance to parties whose conduct may be governed by the underlying statute, and to courts which must construe it. They "carry no more weight on judicial review than their inherent persuasiveness commands." They cannot be independently enforced as law. :As a consequence of this distinction, while an administrative agency delegated legislative power may sue to enforce its legislative rule, just as it may sue to enforce a statute, it cannot ground legal action in a violation of its interpretive rule.
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In addition, they found that chance locus of control orientation is another individual characteristic that is positively related to moral disengagement. That is, people who believe life experiences and outcomes are due to external forces, are more likely to morally disengage. Their findings also shows that the higher self-importance of moral identity the less prone individuals are to moral disengagement. For individuals with a highly self-important moral identity, "moral concerns" and commitments are crucial in their self- definition and self-concept and hence less likely to cognitively re-construe destructive and harmful conduct as being morally acceptable.
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A defeasible estate is created when a grantor transfers land conditionally. Upon the happening of the event or condition stated by the grantor, the transfer may be void or at least subject to annulment. (An estate not subject to such conditions is called an indefeasible estate.) Historically, the common law has frowned on the use of defeasible estates as it interferes with the owners' enjoyment of their property and as such has made it difficult to create a valid future interest. Unless a defeasible estate is clearly intended, modern courts will construe the language against this type of estate.
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The case was brought by Portland General Electric Co. (PGE) to review an order of the Bureau of Labor and Industries (BOLI) that had determined PGE had engaged in an unlawful employment practice. Specifically, the issue was PGE had denied a request by an employee to use paid sick leave during parental leave. The legal issue for the courts revolved around the rules of statutory interpretation. A frequent criticism of statutory interpretation, particularly at the federal level, is the wide range of discretion left to judges to apply varying interpretive rules, in varying ways, in order to construe statutes.
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The National Defense Authorization Act for Fiscal Year 2008 is a law in the United States signed by President George W. Bush on January 28, 2008. As a bill it was H.R. 4986 in the 110th Congress. The overall purpose of the law is to authorize funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs. In a controversial signing statement, President Bush instructed the executive branch to construe Sections 841, 846, 1079, and 1222 "in a manner consistent with the constitutional authority of the President".
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The decision applied not only to Philip Agee, whose activities could be perceived as harming the national security, but also to other citizens who may merely disagree with Government foreign policy and express their views. The Justices feared that the majority decision handed too much lawmaking function over the government when the Constitution allocated it to the Congress. The point that Kent and Zemel made, and the majority opinion should make, is that the Executive's authority to revoke passports touched an area fraught with important constitutional rights, and that the Court should therefore "construe narrowly all delegated powers that curtail or dilute them." Kent v.
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Chief Justice John Roberts, in his majority opinion, stated that: :[T]he statute reads more naturally as a command to buy insurance than as a tax, and I would uphold it as a command if the Constitution allowed it. It is only because the Commerce Clause does not authorize such a command that it is necessary to reach the taxing power question. And it is only because we have a duty to construe a statute to save it, if fairly possible, that §5000A can be interpreted as a tax. Without deciding the Commerce Clause question, I would find no basis to adopt such a saving construction.
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In Harrison v. NAACP, 360 U.S. 167 (June 8, 1959), the U.S. Supreme Court accepted Mays' arguments and held that the federal district court should have abstained from deciding the laws' constitutionality until state courts had had a reasonable chance to construe them. The NAACP then pursued its suit in state court, suing Harrison and later substituting his successors as Virginia Attorney General (initially Frederick Gray then Robert Button, since Harrison resigned to run for Governor, and was elected on the Democratic ticket with Button), in the Circuit Court of the City of Richmond to have the two remaining statutes overturned on constitutional grounds.
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For many years, the version of events retold by A. B. Mitford in Tales of Old Japan (1871) was generally considered authoritative. The sequence of events and the characters in this narrative were presented to a wide popular readership in the West. Mitford invited his readers to construe his story of the forty-seven rōnin as historically accurate; and while his version of the tale has long been considered a standard work, some of its details are now questioned.Analysis of Mitford's story by Dr. Henry Smith, Chushinguranew website, Columbia University Nevertheless, even with plausible defects, Mitford's work remains a conventional starting point for further study.
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It bears to mention that in the mature version of the argument McTaggart has given up the claim that there is a vicious circle, but only a vicious regress. One can convey the basic idea of the vicious regress in the following way. In order to avoid the initial apparent contradiction that events have incompatible tenses, one has to construe "a second A series, within which the first falls, in the same way in which events fall within the first" (p. 469). But even if the idea of a second A series within which the first falls makes sense (and McTaggart doubts it does, p.
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Interpreting contracts in English law is an area of English contract law, which concerns how the courts decide what an agreement means. It is settled law that the process is based on the objective view of a reasonable person, given the context in which the contracting parties made their agreement. This approach marks a break with previous a more rigid modes of interpretation before the 1970s, where courts paid closer attention to the formal expression of the parties' intentions and took more of a literal view of what they had said. The process of interpretation was often skewed by courts who tried to construe contracts in a way that was fair.
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The most significant changes were made in 2002, when the Law of Obligations, one of the BGB's five main parts, was extensively reformed. Despite its status as a civil code, legal precedent does play a limited role; the way the courts construe and interpret the regulations of the code has changed in many ways, and continues to evolve and develop, due particularly to the high degree of abstraction throughout. In recent years lawmakers have tried to bring some outside legislation "back into the BGB". For example, aspects of tenancy legislation, which had been transferred to separate laws such as the Miethöhengesetz ("Rental Rate Act") are once again covered by the BGB.
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Gottman and Tabres research on proximal change interventions attempts to interrupt the negative communications process by creating chances for positive influence to help alter relational dynamics and alter or repair damage done by the cascade. Two interventions were implemented, a "compliments intervention" and a "criticize intervention" design to increase positivity and negativity respectively. Groups were randomly assigned, with a control group, and while the interventions did not have an effect. However, the research indicated that couples determined the effectiveness of the interventions, as many non-regulated couples who have entered the Cascade Model will "construe" interventions by coding them into criticisms and/or by communicating with contempt.
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There were several problems with alchemy, as seen from today's standpoint. There was no systematic naming scheme for new compounds, and the language was esoteric and vague to the point that the terminologies meant different things to different people. In fact, according to The Fontana History of Chemistry (Brock, 1992): > The language of alchemy soon developed an arcane and secretive technical > vocabulary designed to conceal information from the uninitiated. To a large > degree, this language is incomprehensible to us today, though it is apparent > that readers of Geoffery Chaucer's Canon's Yeoman's Tale or audiences of Ben > Jonson's The Alchemist were able to construe it sufficiently to laugh at it.
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J. M. Baptista, The Regulation of Water and Waste Services (2014), p. 1: "Solid waste, also written as municipal or urban waste, commonly known as trash, garbage, refuse or rubbish, is defined as any substances or objects which the holder discards or intends or is required to discard".William Viney, Waste: A Philosophy of Things (2014), p. 1: "The conventional way of thinking about the creation of waste, rubbish, trash, garbage, or whichever words we like to employ to denote things without use, is that the concept like the thing is created, produced through the order or disorder we construe, manufacture or identify in the world".
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If a case arises in the federal court system, the federal court will apply Rule 501 of the Federal Rules of Evidence to determine whether to apply the privilege law of the relevant state or federal common law. If the case is brought to the federal court under diversity jurisdiction, the law of the relevant state will be used to apply the privilege. If the case involves a federal question, the federal court will apply the federal common law of attorney–client privilege; however, Rule 501 grants flexibility to the federal courts, allowing them to construe the privilege "in light of experience and reason".
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Major contributions by Jim Martin to linguistic theory and practice include discourse semantics, genre, appraisal and the educational linguistics of the Sydney School. Discourse semantic theory (set out in English Text, Working with Discourse and The Language of Evaluation) describes the organisation of texts with respect to the three metafunctions of language - interpersonal, ideational and textual. Interpersonal discourse systems include NEGOTIATION, by which speakers enact exchanges in dialogue, and APPRAISAL, by which speakers and writers negotiate their attitudes. Ideational systems include IDEATION, by which they construe their experience as activities involving people and things, and CONJUNCTION, which connects events and organises texts in logical sequences.
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Congressman James F. Wilson summarized what he considered to be the purpose of the act as follows, when he introduced the legislation in the House of Representatives:Congressional Globe, House of Representatives, 39th Congress, 1st Session, p. 1117 (March 1, 1866). During the subsequent legislative process, the following key provision was deleted: "there shall be no discrimination in civil rights or immunities among the inhabitants of any State or Territory of the United States on account of race, color, or previous condition of servitude." John Bingham was an influential supporter of this deletion, on the ground that courts might construe the term "civil rights" more broadly than people like Wilson intended.
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This type of causal foreseeability is to be distinguished from foreseeability of extent or kind of injury, which is a question of remoteness of damage, not causation. For example, if I conduct welding work on a dock that lights an oil slick that destroys a ship a long way down the river, it would be hard to construe my negligence as anything other than causal of the ship's damage. There is no novus actus interveniens. However, I may not be held liable if that damage is not of a type foreseeable as arising from my negligence.. That is a question of public policy, and not one of causation.
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Finally, this means that we construe our knowledge of 'world' largely on the basis of invisible, implicit references which are only symbolically re- enacted by the visible realm. The level of visual representation may perhaps be compared to the level of more explicit verbal articulation as regards the implicit, preverbal domain of knowledge. Just as visual representation, verbal articulation has the power to emancipate from the given world, and the freedom to convey any meaning. This is a power bestowed upon representation, allowing it to withdraw from its original symbolic domain, thus establishing a tension between the instrumental nature of representation and its larger symbolic field.
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Once a person's work contract is categorised, the courts have specific rules to decide, beyond the statutory minimum charter of rights, what are its terms and conditions.E McGaughey, A Casebook on Labour Law (Hart 2019) ch 4-5. S Deakin and G Morris, Labour Law (2012) ch 4 Just like ordinary contract law there are rules on incorporation, implied terms and unjust factors.On the illegality principle, see Hounga v Allen [2014] UKSC 47 However, in Gisda Cyf v Barratt, Lord Kerr emphasised that if it affects statutory rights, the way courts construe a contract must be "intellectually segregated" from the general law of contract, because of the employee's relation of dependency.
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After reviewing the facts of the case, Powell found no reason to doubt or add to Manos's conclusion that Payner lacked Fourth Amendment standing. In a footnote, he dismissed an argument in Payner's brief that Bahamian banking secrecy laws gave him an expectation of privacy. None of the stolen documents would have been covered by it, and even if they were the cited section of law was outdated, the current statute was "hardly a blanket guarantee of privacy" since it had limited scope, many exceptions and the brief had cited no authority on how to construe it.United States v. Payner, 447 U.S. 727, 732 n.4.
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The Court of Appeal held that the parties' words and conduct demonstrated that he wished for the money to be held on trust for Mr Constance and Ms Paul jointly. Scarman LJ gave the first judgment. Bridge LJ concurred, and quoted Richards v Delbridge(1874) 18 Equity Cases 11 where Sir George Jessel MR said, "It is true he need not use the words 'I declare myself a trustee,' but he must do something which is equivalent to it, and use expressions which have that meaning, for, however anxious the court may be to carry out a man’s intentions, it is not at liberty to construe words otherwise than according to their proper meaning." Cairns LJ also concurred.
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In this plan, Hong Kong government is going to give land to the Hong Kong Housing Society so as to construe flats of small and medium size for lease to qualified applicants at the current market rent. Without raising the rent within the period, the tenants can live in the flat at most for five years. During the period in which two years are passed after the first admission of the tenants, they have two choices: to purchase the flat they are living or alternatively another flat provided by My Home Purchase Plan at current market price, or else flats of private housing estate. Purchase Subsidy which is equal to half of the net rent will be provided.
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D. Ohio, 1981) It has also been a touchstone case for the Court's standard of review. Later cases cited it as reaffirming the principle by which the Court avoids ruling on the constitutionality of a statute if it can find a way to construe the statute such that the constitutional question is avoided.The language quoted where the case is cited to this effect—"It is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the constitutional question may be avoided"—is actually from a much earlier case, Crowell v. Benson, , 62 (1932), Hughes, C.J. The Court itself quoted this section in Lorillard v.
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3d 440, 447, 186 Cal. Rptr. 235, 651 P.2d 822 (1982); but see Williams, 5 Cal. 4th at 348-54 (holding that CPRA's exemption for law enforcement investigatory records did not incorporate FOIA criteria and thus courts cannot look to FOIA cases to interpret Section 6254(f) of the CPRA, but must look to the statutory language of the CPRA provision to construe the statute). The California Supreme Court held that when a public official or employee uses a personal account and/or device to communicate about the conduct of public business, such as e-mails or text messages, the applicable writings may be subject to disclosure under the California Public Records Act.
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The enactment of the Employment Equity Act 1990 and its subsequent repeal by the Employment Contracts Act 1991 was argued by TerraNova to be indicative of Parliament’s policy decision against legislating for pay equity; a decision which the courts should not subvert by reinterpreting the Equal Pay Act 1972.Terranova Homes & Care Limited v Service and Food Workers Union Nga Ringa Tota Incorporated [2014] NZCA 516 at [182]–[200]. Citing similar arguments already rejected by the Employment Court, regarding the lack of assistance from comparing and attempting to construe the intentions of differently constituted Parliaments at different times,Dunedin City Council Women’s Rest Room Attendants [1976] ICR 7067 at [100]. the Court of Appeal dismissed TerraNova's argument.
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The Cultural Cognition Project has conducted a series of studies on public perceptions of nanotechnology risks and benefits. Combining survey and experimental methods, the studies present evidence that individuals culturally predisposed to be skeptical of environmental risks are both more likely to seek out information on nanotechnology and more likely to infer from that information that nanotechnology’s benefits will outweigh its risks. Individuals culturally predisposed to credit environmental risks construe that same information, when exposed to it in the lab, as implying that nanotechnology’s risks will predominate. The studies also present evidence that individuals tend to credit expert information on nanotechnology—regardless of its content—based on whether they share the perceived cultural values of the expert communicator.
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They set but little store by the goods of this earth, and were members of a communistic fraternity. But it is inadmissible to construe from these elements of their hopes and habits the inference that in them is to be found a genuine Jewish order of monks and ascetics. A stronger case against the theory that Judaism is a very uncongenial soil for the growth of Asceticism might be made out by an appeal to the later Jewish mystics, the Ḥasidim and Cabalists of various forms, all ecstatic fantastics, and—this is a point that must not be overlooked—more or less strongly under the influence of distinctly non- Jewish conceits. See below, Examples of Jewish Asceticism.
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Tucker was charged in the Justice Court of Medina County with violating Article 479, Chap. 3 of the Texas Penal Code which makes it an offense for any 'peddler or hawker of goods or merchandise' willfully to refuse to leave premises after having been notified to do so by the owner or possessor thereof. Tucker argued that he was not peddler or hawker of merchandise, but a minister of the gospel engaged in the distribution of religious literature to willing recipients. He contended that to construe the Texas statute as applicable to his activities would, to that extent, bring it into conflict with the Constitutional guarantees of freedom of press and religion.
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One of Musawah's co-founders, Malaysian activist Zainah Anwar, offered this perspective on Musawah's role in the broader women's and human rights movements: "What Musawah brings to the table is a rich and diverse collection of interpretations, juristic opinions and principles that makes it possible to read equality and justice in Islam, and construe these twin values at national and international levels. It is a vital contribution at a time when democracy, human rights and women's rights constitute the modern ethical paradigm of today's world." Challenges in Musawah's work include ongoing debates around the multiple interpretations of the Koran, and the defence of a human rights interpretation from within Islam, rather than a secular human rights framework.
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Young Girl Weeping for her Dead Bird by Jean-Baptiste Greuze In psychology, meaning-making is the process of how people construe, understand, or make sense of life events, relationships, and the self.: "Meaning-making, the process of how individuals make sense of knowledge, experience, relationships, and the self, must be considered in designing college curricular environments supportive of learning and development." : Through meaning-making, people are "retaining, reaffirming, revising, or replacing elements of their orienting system to develop more nuanced, complex and useful systems". The term is widely used in constructivist approaches to counseling psychology and psychotherapy,For example: ; ; ; ; ; ; ; ; ; especially during bereavement in which people attribute some sort of meaning to an experienced death or loss.
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30 James Kent, in his Commentaries on American Law, argued that Bonham's Case and similar cases meant only that statutes should be given a "reasonable construction".Orth (1999) p. 33 Charles Gray, in the Proceedings of the American Philosophical Society, argues that Coke, as a judge, never intended to advocate the judicial review of statutes. Bernard Bailyn wrote that "Coke had not meant... 'that there were superior principles of right and justice which Acts of Parliament might not contravene'" and also that by "saying that courts might 'void' a legislative provision that violated the constitution he meant only that the courts were to construe statutes so as to bring them into conformity with recognized legal principles".
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Lord Clarke, Lord Dyson and Lord Collins held that, dismissing the appeal, CASS 7 was to be construed according to the purpose of the MiFiD 2004/39/EC and 2006/73/EC, to achieve a high level of protection for client money, with the prompt and scrupulous segregation of funds. The statutory trust created by CASS 7.7.2R arose on receipt of the client money, and the fiduciary duties imposed by CASS 7 were owed by LBIE in respect of all client money, not just balances standing to credit in client accounts. The decision that fiduciary duties were owed by a firm in respect of all client money was relevant to construe CASS 7.
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An automated vending machine constitutes a standing offer,e.g. Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163 and a court may construe an advertisement, or something on display like a deckchair, to be a serious offer if a customer would be led to believe they were accepting its terms by performing an action.See Carlill v Carbolic Smoke Ball Co [1892] EWCA Civ 1; Chapelton v Barry Urban District Council [1940] 1 KB 532. Statute imposes criminal penalties for businesses that engage in misleading advertising, or not selling products at the prices they display in store,See the Consumer Protection from Unfair Trading Regulations 2008 rr 5, 8–18 (SI 2008/1277).
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That does not amount to an attempt to exclude the other group from Judaism. 3\. A third criticism is that Dor Daim take works of Kabbalah too literally: it is intended to be myth and metaphor, and to subject it to rigorous analysis as the Dor Daim do is like trying to construe a work of poetry as if it were a statute. Works of Kabbalah themselves contain warnings that the teachings should not be exposed to common view or read too realistically, and that to do so is indeed to incur the danger of falling into heresy or idolatry. The Dor Dai response to this is that, however this may be in theory, these warnings have not been observed.
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Secondly, Laskin stated that Drybones decided that the accused had been denied equality before the law on the basis that it was a criminal offence for him to do something, purely on the basis of his race. Laskin contended that Justice Ritchie's own opinion in Drybones, the majority opinion, made it explicitly clear that a denial of a respondent's equality before the law was apparent because a distinction had been made solely on account of the respondent's race. In light of these reasons, Laskin asserted that it would be unprincipled for the Court to now construe Drybones as contingent solely on the basis that the impugned section of the Indian Act created a punishable criminal offence.Attorney General of Canada v. Lavell (1974) at 1383.
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If we cannot use univocal language to describe God and argue against simplicity, we are equally handicapped when it comes to the arguments for divine simplicity. If we cannot rely on our usual modes of inference in reasoning about God, we cannot argue for the conclusion that God is not distinct from his properties. Plantinga concludes "This way of thinking begins in a pious and commendable concern for God's greatness and majesty and augustness, but it ends in agnosticism and in incoherence." Plantinga also gives three criticisms of the doctrine of metaphysical simplicity directly, stating that it is exceedingly hard to grasp or construe the doctrine, and it is difficult to see why anyone would be inclined to accept it.
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In academic circles this case is generally seen as an example of the court taking different approaches to statutory interpretation, in relation to a complex Act. Chief Justice Gleeson in The High Court stated; > “Over a long period amendments to copyright law have comprised legislative > solutions to problems created by competing economic and social pressures > associated with the development of new technologies. The issues in the > present appeal indicate that this is very much the case today.… The task of > the Court on this appeal is to construe the particular compromises reflected > in the terms of the Amendment Act.” Gleeson CJ's statement makes sense of the considerable controversy felt in Australia and elsewhere concerning the proper scope of such legislation.
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In rejecting this contention, the Master of the Rolls, Lord Greene, acknowledged the realities of government in the 20th century: This statement of the way government operates has only become more true in recent decades as increased state interventionism and juridification have produced a rapid growth in the use of delegated legislation. Clearly, confronted with this reality, it would have been preposterous for the court to construe the wording of the Regulations so narrowly that only the minister, in person, could exercise the powers. Thus Lord Greene explained that, "Constitutionally, the decision of such an official is, of course, the decision of the minister." The essence of the Carltona doctrine therefore lies in the elision of the identity of departmental officials with the relevant minister.
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Paul Bloom attempts to explain why people will pay more in an auction for the clothing of celebrities if the clothing is unwashed. He believes the answer to this and many other questions is that people cannot help but think of objects as containing a sort of "essence" that can be influenced.Paul Bloom, July 2011 Ted talk, "The Origins of Pleasure" There is a difference between metaphysical essentialism (see above) and psychological essentialism, the latter referring not to an actual claim about the world but a claim about a way of representing entities in cognitions (Medin, 1989). Influential in this area is Susan Gelman, who has outlined many domains in which children and adults construe classes of entities, particularly biological entities, in essentialist terms—i.e.
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By contrast, in a Bayesian approach to statistical inference, one would assign a probability distribution to p regardless of the non-existence of any such "frequency" interpretation, and one would construe the probabilities as degrees of belief that p is in any interval to which a probability is assigned. In that model, the random variables X1, ..., Xn are not independent, but they are conditionally independent given the value of p. In particular, if a large number of the Xs are observed to be equal to 1, that would imply a high conditional probability, given that observation, that p is near 1, and thus a high conditional probability, given that observation, that the next X to be observed will be equal to 1.
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Quaid argued that RAMKEY passes this test because it can be used to create archival copies that are exempt under 17 U.S.C. §117(2). Vault argued that RAMKEY did not have any non-infringing use because one could create a sufficient archival copy without the use of RAMKEY. Vault asserted that the archival copy exemption of 17 U.S.C. §117(2) was designed to protect only against "destruction or damage by mechanical or electrical failure," but not against (for example) loss or destruction of a disk. The court declined to construe the archival exemption in this manner, saying that even though it had appeal, it was not the law and that only the Congress could decide to limit the exemption in that way.
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Levin authored the 2005 book Men In Black: How The Supreme Court Is Destroying America, in which he advanced his thesis that activist judges on the Supreme Court (from all parts of the political spectrum) have "legislated from the bench". Commentary magazine's Dan Seligman wrote that Levin asks readers "to identify with 'originalists' who look to the text of the Constitution and the intent of its framers, and to reject the 'activists' who construe the Constitution broadly and are more concerned with getting to their own 'desired outcomes'". Slate magazine's Dahlia Lithwick wrote that "no serious scholar of the court or the Constitution, on the ideological left or right, is going to waste their time engaging Levin's arguments once they've read this book".Lithwick, Dahlia.
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Radio signals below 50 kHz are capable of penetrating ocean depths to approximately 200 metres, the longer the wavelength, the deeper. The British, German, Indian, Russian, Swedish, United States and possibly other navies communicate with submarines on these frequencies. In addition, Royal Navy nuclear submarines carrying ballistic missiles are allegedly under standing orders to monitor the BBC Radio 4 transmission on 198 kHz in waters near the UK. It is rumoured that they are to construe a sudden halt in transmission, particularly of the morning news programme Today, as an indicator that the UK is under attack, whereafter their sealed orders take effect. In the U.S., the Ground Wave Emergency Network or GWEN operated between 150 and 175 kHz, until replaced by satellite communications systems in 1999.
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Mirza Naini being an expert on Usul al Fiqh was the first human being in the history of Iran to construe the idea of religious dictatorship. Naini stressed the concept of Aql (dialectic reasoning) and believed that Islam was compatible with progress. He also argued that the most intolerable form of autocracy is the tyranny imposed by a religious state. He had written a book Tanbih al-Ummah wa Tanzih Al-Milla (the awakening of the community and refinement of the nations) which was translated into Arabic by Salih Kashi al Gheta and published in 1909 by the Institute of Strategic Studies in Baghdad. His book mainly relates to theory of constitutional revolution with his deliberations on the major topics of “Ignorance and Despotism”.
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Although the court granted the request to compel arbitration, it allowed the arbitrator to conduct the arbitration on a classwide basis rather than on an individual basis. Lamps Plus appealed the decision to the Ninth Circuit, which held that given the ambiguous language of the arbitration provision regarding availability of class arbitration procedures and that California law allowed courts to construe ambiguity against the drafter, the court could compel class arbitration based on Plaintiff’s interpretation of the provision. According to the Ninth Circuit majority, Stolt-Nielsen was not controlling in this case because ‘silence’ on the issue of class arbitration meant that the parties in that case had not agreed to class arbitration procedures rather than just failed to include explicit reference in the provision.
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Aguillard oyez.org This doctrine permits a federal court to stay a plaintiff's claim that a state law violates the United States Constitution until the state's judiciary has had an opportunity to apply the law to the plaintiff's particular case. The hope is to avoid a federal constitutional ruling by allowing the state courts to construe the law in a way that eliminates the constitutional problem or to rule it void under the state's own constitution. For Pullman abstention to be invoked, three conditions must be apparent: # The case presents both state grounds and federal constitutional grounds for relief; # The proper resolution of the state ground for the decision is unclear; and # The disposition of the state ground could obviate adjudication of the federal constitutional ground.
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How then can we differentiate between regularities or hypotheses that construe law-like statements from those that are contingent or based upon accidental generality? Hempel's confirmation theory argued that the solution is to differentiate between hypotheses, which apply to all things of a certain class, and evidence statements, which apply to only one thing. Goodman's famous counterargument was to introduce the predicate grue, which applies to all things examined before a certain time t just in case they are green, but also to other things just in case they are blue and not examined before time t. If we examine emeralds before time t and find that emerald a is green, emerald b is green, and so forth, each will confirm the hypothesis that all emeralds are green.
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It followed that, even if this rule of succession were prima facie discriminatory on the grounds of sex or gender, and the presumption contained in section 8(4) of the Interim Constitution were to come into operation, this presumption had been refuted by the concomitant duty of support. The rights conferred by this customary rule were not inconsistent with the fundamental rights contained in chapter 3 of the Interim Constitution and the injunction found in section 33(3) could accordingly be implemented: namely, to construe the chapter in such a way as not to negate those rights.945E--946C/D. The judgment in Mthembu v Letsela was overturned by the Constitutional Court in Bhe v Magistrate, Khayelitsha in which the customary principle of primogeniture was found to be unconstitutional.
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According to UN Watch, an NGO, the UN Human Rights Council (UNHRC) had, as at August 2015, issued more condemnations of Israel than of all other member states combined. At its Second Special Session in August 2006, the UNHRC voted to establish a Commission of Inquiry to investigate allegations that Israel systematically targeted Lebanese civilians during the 2006 Israel–Lebanon conflict. The Commission noted that its report on the conflict would be incomplete without fully investigating both sides, but that "the Commission is not entitled, even if it had wished, to construe [its charter] as equally authorizing the investigation of the actions by Hezbollah in Israel". The Special Rapporteur on the question of Palestine to the previous UNCHR, the current UNHRC and the General Assembly was, between 2001 and 2008, John Dugard.
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This is not surprising with estimations, like Sony's, that Sony games piracy costs the Australian industry $30 million a year. However, as highlighted in Steven's case, the Digital Agenda Act has not yet been able to establish in copyright law the delicate balance between the rights of copyright owners and the interests of copyright users. This delicate balance is reflected in Gleeson CJ's statement referred to above, that “…The task of this Court … is to construe the particular compromises …” Kenyon & Wright suggest that the effect of this case may spread out to decisions regarding media regulation. The major issue in Australia of the treatment of TPMs and their circumvention under copyright law could possibly re-emerge in decisions about media regulation – as illustrated in the proposal for content protection.
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Article 190 of the Swiss Federal Constitution states that federal statutes and international law are binding on the Swiss Federal Supreme Court. In consequence, the courts are not empowered to review the constitutionality of federal statutes, but will, where possible, construe statutes so as not to create a conflict with the Constitution. The courts can suspend the application of federal statutes that conflict with international law, but tend to exercise this power cautiously and deferentially: In Schubert (BGE 99 Ib 39), the Federal Supreme Court refused to do so because Parliament had consciously violated international law in drafting the statute at issue. The reason traditionally given for the lack of judicial review is the Swiss system of popular democracy: If 50,000 citizens so demand, any new statute is made subject to a popular referendum.
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" He added, "[T]o construe the Parental Notification Act so narrowly as to eliminate bypasses, or to create hurdles that simply are not to be found in the words of the statute, would be an unconscionable act of judicial activism," and "While the ramifications of such a law and the results of the Court's decision here may be personally troubling to me as a parent, it is my obligation as a judge to impartially apply the laws of this state without imposing my moral view on the decisions of the Legislature." Political commentators had suggested that Bush forecast the selection of Gonzales with his comments defending the Attorney General made on July 6, 2005, in Copenhagen, Denmark. Bush stated, "I don't like it when a friend gets criticized. I'm loyal to my friends.
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Republic of Austria v. Altmann, 541 U.S. 677 (2004), was a case in which the Supreme Court of the United States held that the Foreign Sovereign Immunities Act, or FSIA, applies retroactively.. It is one of the most recent cases that deals with the "anti-retroactivity doctrine", which is a doctrine that holds that courts should not construe a statute to apply retroactively (to apply to situations that arose before it was enacted) unless there is a clear statutory intent that it should do so. This means that, regarding lawsuits filed after its enactment, the FSIA standards of sovereign immunity and its exceptions apply even to conduct that took place before 1976. Since the FSIA is only a codification of existing well settled international law, Austria was deemed not immune from litigation.
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Kleffman argued "misrepresented" header information must encompass something in addition to a false statement of fact because section 17529.5(a)(2) already prohibited "falsified" header information. Then, referring to other statutory provisions in the false advertising sections of the Business and Professions Code that prohibited false or misleading advertising, he asserted that the court should construe the term "misrepresent" to give a "misleading" representation or idea. He stated that this construction fitted in the dictionary meaning of the term "misrepresent" and complied with the legislative history. By constructing this way, according to Kleffman, sending of Email ads with random, varied, garbled and nonsensical nature of the multiple domain names could violate section 17529.5(a)(2) because it created the misleading impression that these ads were from different entities.
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It was the only way in which both the Muslims and the Hindus could prosper in accordance with their respective cultural values. In his speech, he emphasized that unlike Christianity, Islam came with "legal concepts" with "civic significance," with its "religious ideals" considered as inseparable from social order: "therefore, the construction of a policy on national lines, if it means a displacement of the Islamic principle of solidarity, is simply unthinkable to a Muslim." Iqbal thus stressed not only the need for the political unity of Muslim communities but the undesirability of blending the Muslim population into a wider society not based on Islamic principles. However, he would not elucidate or specify if his ideal Islamic state would construe a theocracy, even as he rejected secularism and nationalism.
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Those terms are interpreted by the courts to seek out the true intention of the parties, from the perspective of an objective observer, in the context of their bargaining environment. Where there is a gap, courts typically imply terms to fill the spaces, but also through the 20th century both the judiciary and legislature have intervened more and more to strike out surprising and unfair terms, particularly in favour of consumers, employees or tenants with weaker bargaining power. Contract law works best when an agreement is performed, and recourse to the courts is never needed because each party knows their rights and duties. However, where an unforeseen event renders an agreement very hard, or even impossible to perform, the courts typically will construe the parties to want to have released themselves from their obligations.
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While the statute only explicitly applies to "a pandering advertisement which offers for sale matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative", a lower court had found that § 4009 was constitutional when interpreted to prohibit advertisements similar to those initially mailed to the addressee, and this decision upholds that interpretation. In other words, a recipient may obtain a Prohibitory Order applying prohibiting mail from a given sender, and the mailing used as the basis for that order need not be erotic or sexually provocative in order to be the basis of prohibiting the sender from sending further mail. The only absolute requirement is that it must be possible to construe the mail as an offer to sell goods or services.
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Typically, courts construe ambiguities in insurance policies against the insurance company and in favor of coverage under the policy. Many institutional insurance purchasers buy insurance through an insurance broker. While on the surface it appears the broker represents the buyer (not the insurance company), and typically counsels the buyer on appropriate coverage and policy limitations, in the vast majority of cases a broker's compensation comes in the form of a commission as a percentage of the insurance premium, creating a conflict of interest in that the broker's financial interest is tilted towards encouraging an insured to purchase more insurance than might be necessary at a higher price. A broker generally holds contracts with many insurers, thereby allowing the broker to "shop" the market for the best rates and coverage possible.
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To expand the availability of such courtroom appearances by > requiring the district court to construe [405 U.S. 319, 328] every inmate's > complaint under the liberal rule of Conley v. Gibson deprives those courts > of the latitude necessary to process this ever-increasing species of > complaint. > In addition, the trial court had before it the dismissal of another of > petitioner's cases filed shortly before the instant action, where the trial > judge had been exposed to myriad previous actions, and found them to be > "voluminous, repetitious, duplicitous and in many instances deceitful." > Whatever might be the posture of this constitutional claim if petitioner had > never flooded the courts with repetitive and duplicitous claims, and if it > had not recently been adjudicated in an identical proceeding, I believe it > could be dismissed as frivolous in the case before us.
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This promise may confer a right on every single member of the band, but the primary decision as to who the members are must come from the Secretary of the Interior, and, in the absence of any indication in the act to allow an appeal to the courts for applicants who are dissatisfied, mandamus will not issue to require the Secretary to approve the selection of one claiming to be an adopted member of the tribe but whose application the Secretary has denied. In view of long established practice of the Department of the Interior, and the undoubted power of Congress over the Indians, this Court will hesitate to construe the language of §§ 441, 463, Rev.Stat., as not giving the Department of the Interior control over the adoption of whites into the Indian tribes. 26 App.
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They held that UTCCR 1999 r 6(2), as the United Kingdom chose to implement the European Directive, precluded any assessment of the "core terms" of a contract, and because overdraft fees related to a bank's remuneration, the fees charged to consumers could not be challenged. Baroness Hale asserted that while the court had no power to do anything, Parliament could have chosen to construe the directive more broadly, and it would be up to the legislature to decide differently. The Supreme Court denied any reference to the European Court of Justice (through art 234 TEC), so bringing to an end the litigation. The regulations could be challenged as failing to implement the directive through a separate case, but since any decision by the ECJ would be prospective only the government, and not the banks, would have to pay any compensation.
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The distinction between arguments and adjuncts is often indicated in the tree structures used to represent syntactic structure. In phrase structure grammars, an adjunct is "adjoined" to a projection of its head predicate in such a manner that distinguishes it from the arguments of that predicate. The distinction is quite visible in theories that employ the X-bar schema, e.g. ::Argument picture 1 The complement argument appears as a sister of the head X, and the specifier argument appears as a daughter of XP. The optional adjuncts appear in one of a number of positions adjoined to a bar-projection of X or to XP. Theories of syntax that acknowledge n-ary branching structures and hence construe syntactic structure as being flatter than the layered structures associated with the X-bar schema must employ some other means to distinguish between arguments and adjuncts.
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The experiential function refers to the grammatical choices that enable speakers to make meanings about the world around us and inside us: :"Most obviously, perhaps, when we watch small children interacting with the objects around them we can see that they are using language to construe a theoretical model of their experience. This is language in the experiential function; the patterns of meaning are installed in the brain and continue to expand on a vast scale as each child, in cahoots with all those around, builds up, renovates and keeps in good repair the semiotic "reality" that provides the framework of day-to-day existency and is manifested in every moment of discourse, spoken or listened to. We should stress, I think, that the grammar is not merely annotating experience; it is construing experience."Halliday, M.A.K. 2003.
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Though the scope and dimensions of globalization as most people currently construe it are of fairly recent origin, the broader phenomenon of global interconnections through cultural diffusion and trade is several centuries old. Starting in the late Fifteenth century, European powers expanded beyond the European sub-continent to found colonies in the Americas, East Asia, South Asia, Australia and Oceania. This expansion has had a profound impact in terms of wealth creation in Europe and extraction elsewhere, cultural changes in most of the world's societies, and biological phenomena such as the introduction of several infectious diseases into the Western Hemisphere, which caused tremendous disruption and population reduction for indigenous societies there. These events, far from occurring coincidentally, have had synergistic relationships, in one vivid example, the decimation of Amerindian populations through infectious disease often preceding and facilitating subsequent conquest by European powers.
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The meaning of those terms must then be interpreted, and the modern approach is to construe the meaning of an agreement from the perspective of a reasonable person with knowledge of the whole context. The courts, as well as legislation, may also imply terms into contracts generally to 'fill gaps' as necessary to fulfil the reasonable expectations of the parties, or as necessary incidents to specific contracts. English law had, particularly in the late 19th century, adhered to the laissez faire principle of "freedom of contract" so that, in the general law of contract, people can agree to whatever terms or conditions they choose. By contrast, specific contracts, particularly for consumers, employees or tenants were built to carry a minimum core of rights, mostly deriving from statute, that aim to secure the fairness of contractual terms.
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The taxing authority urges denial of the tax exemption asserting petitioner is not a religious society or church and that it does not use its buildings for religious worship since "religious" and "worship" require a belief in and teaching of a Supreme Being who controls the universe. The position of the tax Court, in denying tax exemption, was that belief in and teaching of the existence of a Divinity is essential to qualify under the statute. . . . To construe exemptions so strictly that unorthodox or minority forms of worship would be denied the exemption benefits granted to those conforming to the majority beliefs might well raise constitutional issues . . . . The question before us now is not broadly whether petitioner is in an ecclesiastical sense a religious society or a church, but narrowly whether under this particular statute it is qualified for tax exemption. . . .
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Conservatives and classical liberals criticize attempts to try to fight poverty by redistributive methods as ineffective, arguing that more serious cultural and behavioral problems lock poor people into poverty. Sometimes right-leaning positions have been criticized by left-leaning people for over- simplifying what is meant by the term equality of outcome and for construing outcomes strictly to mean precisely equal amounts for everybody. In The Guardian, commentator Ed Rooksby criticized the right's tendency to oversimplify and suggested that serious left-leaning advocates would not construe equality to mean "absolute equality of everything". Rooksby wrote that Marx favored the position described in the phrase "from each according to his ability, to each according to his need" and argued that this did not imply strict equality of things, but that it meant that people required "different things in different proportions in order to flourish".
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Historically, the Prohibitory Order was devised as a means of protecting freedom of speech, while recognizing the rights of individual recipients not to receive advertisements they deem to be pornographic or otherwise offensive, and the absolute and unreviewable right of the recipient of a mailpiece to determine whether or not it is offensive. A prohibitory order against a specific mailer, although the language of the application form implies that explicit sexual content is the only basis for finding a mailpiece offensive, has been extended by case law to allow the recipient to declare any mailpiece obscene, for any reason whatsoever, with no requirement to state the reason(s) for taking offense. The only absolute requirement is that it must be possible to construe the mailpiece as an offer to sell goods or services. Various rulings have upheld the Supreme Court decision that the postal customer's discretion is not subject to review.
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For example, Simon Blackburn states that "apologists for Hinduism defend or explain away its involvement with the caste system, and apologists for Islam defend or explain away its harsh penal code or its attitude to women and infidels". In regard to Christianity, he states that the "Bible can be read as giving us a carte blanche for harsh attitudes to children, the mentally handicapped, animals, the environment, the divorced, unbelievers, people with various sexual habits, and elderly women", and notes morally suspect themes in the Bible's New Testament as well. Christian apologists address Blackburn's viewpoints and construe that Jewish laws in the Hebrew Bible showed the evolution of moral standards towards protecting the vulnerable, imposing a death penalty on those pursuing slavery and treating slaves as persons and not property. Elizabeth Anderson holds that "the Bible contains both good and evil teachings", and it is "morally inconsistent".
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In time, however, he came to agree with his philosophical hero, David Hume, who believed that ethical terms dealt with subjective values that cannot be verified in the same way as matters of fact. Coupled with Russell's other doctrines, this influenced the logical positivists, who formulated the theory of emotivism or non-cognitivism, which states that ethical propositions (along with those of metaphysics) were essentially meaningless and nonsensical or, at best, little more than expressions of attitudes and preferences. Notwithstanding his influence on them, Russell himself did not construe ethical propositions as narrowly as the positivists, for he believed that ethical considerations are not only meaningful, but that they are a vital subject matter for civil discourse. Indeed, though Russell was often characterised as the patron saint of rationality, he agreed with Hume, who said that reason ought to be subordinate to ethical considerations.
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Following the 2006 Court of Appeal judgment in Aerotel v Telco and Macrossan's application, which contains a lengthy discussion of case law in the area, the UKPO has adopted the following test:Patents Act 1977: Patentable subject matter : (1) properly construe the claim : (2) identify the actual contribution : (3) ask whether it falls solely within the excluded subject matter : (4) check whether the actual or alleged contribution is actually technical in nature. The Court decided that the new approach provided a structured and more helpful way of applying the statutory test for assessing patentability which was consistent with previous decisions of the Court. This test is quite different from the test used by the EPO, as expressed in T 641/00 (Comvik/Two Identities) and T 258/03 (Hitachi/Auction Method), but it is considered that the end result will be the same in nearly every case.
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Cliodhna O'Connor and Helene Joffe examine how traditional media, blogs, and their comment sections autonomously project prevailing understanding of sex differences (emotion-rationality dualism and traditional role divisions) onto mute findings, construing men as purely rational and women as highly emotional, noting how both social representation theory and system justification theory may be causing bias in the interpretation of these findings. The findings of their study showed significant scope for parties to apply their own personal and cultural agendas onto the findings, and share these through blogs and comments. In projecting prevailing stereotypes on the mute findings, we have a prime example of how neurosexism can arrive in stages outside the domain of science, raising further concerns for the feminist camp for whilst we can apply the necessary checks and balances in the method of our science, once the information is in the public consciousness they can manipulate and construe research however they see fit.
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Cecchi adapted the book to the political and military situation of the times by substituting for Vittorini's original an introduction denouncing the "letteratura impegnata" (loosely, "politicised literature") and "democracy" of the United States. After an abrupt change in Italian politics in 1943 Cecchi would insist that the commitment implicit in his more political actions under the polarising Fascist régime had reflected his strong Italian patriotism rather than any sort of political endorsement of the Fascist government. Later biographers, while admiring of his scholarly abilities and energies, and in personal terms sympathetic, have nevertheless felt it necessary to adopt an apologetic tone in respect of what many would construe as Cecchi's political misjudgements during the closing chapters of the Mussolini era. During the 1930s and early 1940 Cecchi also worked closely with Giovanni Gentile on the "Enciclopedia Italiana" contributing, in particular, numerous entries on the arts and literature to Appendix II (1939-1948) of it.
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Parties may make the formation and performance of their contract conditional upon the occurrence of a specified event that neither party promises to ensure will occur.. If the event does not occur, then one or both parties will be entitled to terminate the contract.. The parties must do everything reasonably in their power to see that the contingent condition is fulfilled.. The time for fulfilment of a contingent condition may be expressly specified in the condition. If no time is specified, the courts will construe the contract as requiring the condition be fulfilled within a reasonable period of time, having regard to the circumstances of the case. In certain contracts, it may be unclear if non-fulfilment of a contingent condition has occurred where there is a subjective requirement in the contract, such as whether one party has achieved "satisfactory finance." If the contingent condition is a subjective fact, parties must act "honestly" or genuinely believe the condition to be true.
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In response to a treason trial of some of his fellow British Jacobins, among them Thomas Holcroft, Godwin wrote Cursory Strictures on the Charge Delivered by Lord Chief Justice Eyre to the Grand Jury, 2 October 1794 in which he forcefully argued that the prosecution's concept of "constructive treason" allowed a judge to construe any behaviour as treasonous. It paved the way for a major, victory for the Jacobins, as they were acquitted. However, Godwin's own reputation was eventually besmirched after 1798 by the conservative press, in part because he chose to write a candid biography of his late wife, Mary Wollstonecraft, entitled Memoirs of the Author of A Vindication of the Rights of Woman, including accounts of her two suicide attempts and her affair (before her relationship with Godwin) with the American adventurer Gilbert Imlay, which resulted in the birth of Fanny Imlay. Godwin, stubborn in his practice, practically lived in secret for 30 years because of his reputation.
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Karsales v Wallis' concept of "fundamental breach" (aka "breach of a fundamental obligation) was essentially a restatement of the "Main Purpose Rule" established in Glynn v Margetson [1893] A.C. 351, the leading case on deviation in carriage of goods by sea. While the Main Purpose Rule The Main Purpose Rule provides that no exemption rule may cut into the main purpose of the contract (in this case, the main obligation was to carry the perishable cargo of seville oranges to an English marmalade factory with "due despatch"). still holds good in maritime law, it was deemed too wide for the general law of contract. The 1967 House of Lords decision of the Suisse AtlantiqueSuisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale [1967] 1 AC 361 held that whether or not the breach was "fundamental" was not a matter of LAW but a question of CONSTRUCTION; "Construction" means "interpretation, from "construe".
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The Criminal Court of Appeals and its Presiding Judge thus served notice to the bench and bar that common law matters of technical form would not hold sway over the fortunes of criminal justice in Oklahoma. > When the Legislature has made a change in legal procedure, it is the duty of > the courts to lay aside their preconceived ideas, and construe such > legislation according to its spirit and reason. We are not in sympathy with > those who believe in the infallibility of the common-law rules of criminal > procedure, or that form, ceremony, and shadow are more important than > substance, reason, and justice. This court does not propose to grope its way > through the accumulated dust, cobwebs, shadows, and darkness of the evening > of the common-law rules of procedure; but it will be guided, as the statutes > above quoted direct, by the increasing light and inspiration of the rising > sun of reason, justice, common sense, and progress . . .
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" Other legal responses included Stanford University law professor Robert Weisberg, who stated that "this decision authorizes lower courts to construe ambiguous situations in favor of police and prosecutors", and University of Michigan law professor Richard Friedman who concluded, "[t]his decision means that police can keep shooting questions at a suspect who refuses to talk as long as they want in hopes that the person will crack and give them some information... It's a little bit less restraint that the officers have to show." At least one scholar has argued that Thompkins effectively gutted Miranda. In The Right to Remain Silent, Charles Weisselberg argues that "the majority in Thompkins rejected the fundamental underpinnings of Miranda v. Arizonas prophylactic rule and established a new one that fails to protect the rights of suspects." and that "But in Thompkins, neither Michigan nor the Solicitor General were able to cite any decision in which a court found that a suspect had given an implied waiver after lengthy questioning.
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Clay v. Sun Insurance Office, Ltd.,377 U.S. 179 (1960) the United States Supreme Court confronted a situation where a circuit court of appeals could not "make a competent guess" about how the Florida courts would construe an insurance statute. The court observed that the Florida legislature had passed a statute allowing the federal courts to certify questions of state law to the Florida Supreme Court, but that the Florida courts had not yet made a rule establishing procedures under the statute.Clay v. Sun Insurance Office, Ltd., 377 U.S. 179, (1960) After the Clay decision, the various states began to adopt statutes or rules allowing for the certification of questions of state law to state courts. The relatively streamlined process of sending a certified question to a state appellate court also relieves federal courts of the unwieldy procedure of Pullman abstention, under which Federal courts abstain from deciding on the constitutionality of state laws while litigation seeking the construction of those laws is pending in state courts.
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Petrie, The Prize Game p. 5 Much of Anglo-American prize law derives from 18th Century British precedents in particular a compilation called the 1753 Report of the Law Officers authored by William Murray, 1st Earl of Mansfield (1705–93) said to be the most important exposition of prize law published in English, along with the subsequent High Court of Admiralty decisions of William Scott, Lord Stowell (1743–1836). American Justice Joseph Story, the leading United States judicial authority on prize law, drew heavily on the 1753 report and Lord Stowell's decisions, as did Francis Upton, who wrote the last major American treatise on prize law, his Maritime Warfare and Prize.Petrie, The Prize Game p. 7 While the Anglo-American common law case precedents are the most accessible description of prize law, it is important to bear in mind that in prize cases, courts construe and apply international customs and usages, the Law of Nations, and not the laws or precedents of any one country.
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In April 2014, the company announced that it had changed its legal terms on its website to introduce an arbitration clause requiring all disputes with General Mills to be resolved in small claims court or arbitration and not as a participant in a class action. The change was made shortly after a judge's March 26, 2014, denial of a motion to dismiss a class action regarding the marketing of the company's Nature Valley brand products. Users would be deemed to accept the terms by interacting with General Mills on its website in various ways, such as downloading coupons, subscribing to newsletters, or participating in Internet forums hosted on the website. The New York Times stated that the agreement could be interpreted to additionally construe purchasing General Mills products at a grocery store or liking the company's Facebook page as assent to the terms; General Mills disclaimed that interpretation, calling it a "mischaracterization".
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It is important to note that Mischel did not imply that people show no consistencies in behavior, or that individual differences are unimportant. The major theme was rather that the trait approach to personality was not as sensitive to the influence of situations as it should have been. In books and articles on the topic, Mischel stressed the importance of better understanding how, when, and why individual differences are most likely to be important predictors of behavior, and when they are more likely to be nullified by situational influences. Specifically, Mischel began laying the foundation for subsequent thought in this area by arguing that psychological "situations" and "treatments" are powerful to the degree that they lead all persons to construe the particular events the same way, induce uniform expectancies regarding the most appropriate response pattern, provide adequate incentives for the performance of that response pattern, and instill the skills necessary for its satisfactory construction and execution (p. 276).
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In light of the first step of the Aerotel/Macrossan four step test, to construe the claim, the UKIPO decided that claims to a computer program were not a permissible form of claim even if the underlying method was found to be patentable.Patents Act 1977: Patentable subject matter , UKIPO Practice Note of 2 November 2006, paragraph 14 This practice remained in place until 7 February 2008 when, following the judgment in Astron Clinica and other's Applications, the UKIPO issued a new Practice Note stating that they would return to their previous practice of permitting claims to computer programs if claims to a method performed by running a suitably programmed computer or to a computer programmed to carry out the method were themselves allowable.Patents Act 1977: Patentable subject matter, UKIPO Practice Note of 7 February 2008 This change affirmed the established practice of considering the substance of the invention over the particular way it was claimed but it was not thought that it would cause a material change in the subject matter which would be deemed patentable by the UKIPO.
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In the "An Analysis of the Path" discourse (SN 45.8), the Buddha is recorded as uttering a brief formula for defining "right view": This pithy phrase reflects the core process of the Sammaditthi Sutta insomuch that each of the discourse's cases is analyzed in terms of its existence, its origin, its cessation and the way leading to its cessation (that is, the Noble Eightfold Path).Ostensibly, the first case regarding the wholesome and the unwholesome does not follow this Four-Noble- Truth pattern; nonetheless, as reflected in this article below, the Pali commentary suggests a manner in which to construe the first case in just this manner. This condensed formulaic definition of "right view" is found in other canonical discourses as well as in the Abhidhamma Pitaka.In the Sutta Pitaka, in addition to being used by the Buddha in SN 45.8, this formulaic definition for right view is also found in the Mahasatipatthana Sutta ("Great Foundations of Mindfulness Discourse", DN 22) (Thanissaro, 2000) and the ' ("Analysis of the Truth Discourse," MN 141, stated by Ven.
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Justice Blackmun began by describing the case and its importance: > [This case] presents an important question of statutory interpretation > arising under the patent laws. The issue before us is whether the owner of a > patent on a chemical process is guilty of patent misuse, and therefore is > barred from seeking relief against contributory infringement of its patent > rights, if it exploits the patent only in conjunction with the sale of an > unpatented article that constitutes a material part of the invention and is > not suited for commercial use outside the scope of the patent claims. The > answer will determine whether respondent, the owner of a process patent on a > chemical herbicide, may maintain an action for contributory infringement > against other manufacturers of the chemical used in the process. To resolve > this issue, we must construe the various provisions of 35 U.S.C. § 271, > which Congress enacted in 1952 to codify certain aspects of the doctrines of > contributory infringement and patent misuse that previously had been > developed by the judiciary.
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Ronald H. Cole, Operation Just Cause: The planning and execution of joint operations in Panama, February 1988-January 1990 (Joint History Office, Office of the Chairman of the Joint Chiefs of Staff, 1995) Online. Journalist R. W. Apple Jr. of The New York Times observed the invasion as placing Bush among other post-World War II American presidents that had "felt a need to demonstrate their willingness to shed blood to protect or advance what they construe as the national interest." In early January 1990, Bush directed Deputy Secretary of State Lawrence Eagleburger and Deputy Secretary of the Treasury John Robson to visit Panama for discussions with President Endara, Vice Presidents Ford and Arias Calderon, and other Panamanian advisers to see what role the US could play in the economic reconstruction of Panama. On January 25, Bush announced an economic recovery plan for Panama that included the implementing of loans, guarantees, and export opportunities to aid Panama's private sector as well as create jobs and an assistance package intended to balance payment support, public investment and restructuring along with attempting to normalize relations between Panama and the international financial institutions.
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The > same authorities have held that the negro of African descent was not a > citizen within the meaning of the term, as used in this and other articles > of the Constitution; that he was not one of the "peoples" who ordained that > sacred charter; that as a slave he was only three-fifth of a "number," but > as a free man he was a whole number to be counted for representation, and a > whole "person," who might be held to involuntary "service," and reclaimed in > any State to which he might escape. The free colored man could have no > protection in any slave State during the existence of the relation of master > and slave. He could not change his residence, nor travel at pleasure; he > could neither buy, sell nor hold property; he was liable to be enslaved > under various circumstances, and such laws were often enforced. Those who > contend for "the Constitution as it is and the Union as it was," affect to > acknowledge the freedom of the colored people; but, by a series of > unfriendly legislation, many of the states construe that freedom to mean no > acknowledgment of citizenship and the enjoyment of very few rights.
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Judge Burton upheld the complaints and granted the application. :(1) It was the court's duty to construe statutes and regulations passed by Member States so as to render them compliant with a relevant Directive. However, in the instant case it was not appropriate to do so because of the degree of reading down or transposition that would be required to render the provisions compliant with the Directive, or it was not possible to do so because such extreme application of the requirement to interpret national legislation in accordance with Directives would not be effective or sensible because of the need for clarity, certainty and comprehensibility. Section 4A(1)(a) should be recast so as to eliminate the issue of causation, R. (on the application of Amicus) v. Secretary of State for Trade and Industry [2004] EWHC 860 (Admin), [2007] I.C.R. 1176 considered. :(2) There could be harassment of a woman if the effect of denigratory conduct, directed towards another party, not necessarily a woman, related to sex, but not of a sexual nature, had the effect of creating a humiliating or offensive environment for her.
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On 15 January he again wrote, claiming that the violence committed by peasants was not political but "merely the outrages of banditti" which could be solved by helping Catholics of rank to preserve law and order. This could only be done by Emancipation: "No time is to be lost, the business will presently be at hand, and the first step I take is of infinite importance". However he "endeavoured to keep clear of any engagement whatever" on Emancipation but that "there is nothing in my answer that they can construe into a rejection of what they are all looking forward to, the repeal of the remaining restrictive and penal laws": > I shall not do my duty if I do not distinctly state it as my opinion that > not to grant cheerfully on the part of government all the Catholics wish > will not only be exceedingly impolitick, but perhaps dangerous. ... If I > receive no very peremptory directions to the contrary, I shall acquiesce > with a good grace, in order to avoid the manifest ill effect of a doubt or > the appearance of hesitation; for in my opinion even the appearance of > hesitation may be mischievous to a degree beyond all calculation.
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