It was a serious misapplication of the independent counsel rubric to apply it to President Clinton, and it is an equally serious misapplication to apply it to President Trump.
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Legal scholars continue to debate this misapplication of the statute.
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Saudi women's woes were merely the result of the laws' misapplication.
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Sometimes it is the result of the misapplication, or lack, of knowledge.
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It's probably not tantamount to a misapplication of the law in its entirety.
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But the phenomenon is also a misapplication of the Christian teaching on forgiveness.
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No single candidate seems to have benefited disproportionately from this misapplication of the rules.
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Beyond the existential torment, the misapplication of the upside-down face is downright wasteful.
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It could be a misapplication of a factor, or some extemporaneous musings from the bench.
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Rather, the administration is singularly pursuing regime change through the misapplication of the sanctions tool.
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The ACA's biggest error was broadening a detrimental misapplication of health insurance that began decades ago.
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So, when people accuse you of not being woke, do you feel like it's a misapplication?
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Interestingly enough, there might have been a slight misapplication of one of the factors by the court.
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The crux of their argument lies in a misapplication of a 1999 Supreme Court case, Reno v.
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Both men were charged with official misconduct, conspiracy, theft by unlawful taking, and misapplication of entrusted property.
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Plus, Young said our misapplication of broad-spectrum sunscreen is also putting us at risk for premature aging.
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In cases of unambiguous pedal misapplication, the vehicle cuts torque to mitigate the effects of the driver's error.
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The tiebreaker had initially been calculated based on a misapplication from a game played earlier in the tournament.
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Mark D'Amico, 29, pleaded guilty to one count of second-degree misapplication of entrusted property in Burlington County.
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To bomb Iran simply to prove we can would, as President Obama suggested, be a misapplication of force.
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It is also within reason to interpret these cases as outliers, as misapplication or overprosecution of the law.
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She was written up seven times for a lack of judgment and misapplication of deadly force, among other things.
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Improving public-defender services will help with almost every other target of reform, including the misapplication of the death penalty.
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"The Antiquities Act long ago outlived its usefulness even while it remains capable of massive and malevolent misapplication," Pendley wrote.
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There are many misconceptions out there about B2B growth, rooted in the misapplication of B2C strategies and leading to poor performance.
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"This judgment is a misapplication of public nuisance law that has already been rejected by judges in other states," added Ullmann.
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Usually, these cases don't amount to much; historically, judges have dropped the charges, arguing that they constitute a misapplication of the law.
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Dr. McAneny cited her experience to support a resolution, subsequently passed by the medical association, that warns against "misapplication" of the guidelines.
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The Chrysler dealership said after the tragedy the accident was the result of Yelchin's "misuse, misapplication or damage" of the Jeep Grand Cherokee.
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Political wrongs recognized under English common law included misapplication of funds and abuse of power, and even interfering with another branch of government.
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This frequent misapplication of the term reflects a larger sea change in the way we view our social positions on an emotional level.
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Mr. Lawrence was charged with contractor fraud and misapplication of payments, and a felony arrest warrant was issued for Mr. Lawrence this February.
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This not only violated the unnamed firm's policies and procedures, but also resulted in a misapplication of the company's ratings criteria, the report said.
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Tesla said it has various ways to protect against pedal misapplication, including using its Autopilot sensors to distinguish between erroneous pedal application and normal cases.
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Amanda Schmitt's lawyer calls the dismissal of her case earlier this year a misapplication of the law, pleading under New York City Human Rights Law.
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The hashtag #eineArmlänge (an arm's length) was trending yesterday on German-speaking Twitter, with numerous users calling this statement a misapplication of victim/perpetrator roles.
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Such exercises can be extremely useful in many contexts, but using this approach to debate peer-reviewed science is a misapplication that would only sow confusion.
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Ullmann, the J&J general counsel, in his statement faulted Oklahoma for attempting a "misapplication of public nuisance law" that judges in other states had already rejected.
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But, according to TMZ, an official response from the dealership claims that Yelchin's "misuse, misapplication, or damage" of the car was really what led to his death.
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It's about time that these agencies addressed the widespread suffering caused by the crackdown on medical opioids that resulted from the predictable misapplication of the 2016 guideline.
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After an investigation carried out in cooperation with NASA, the two agencies found that pedal misapplication, rather than mechanical defects, could explain many instances of sudden acceleration.
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Most damningly in the docs -- the dealer says Anton's death was the result of his own "misuse, misapplication, or damage" of the Jeep Grand Cherokee that rolled and crushed him.
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The agency said it also will conduct a "top to bottom review" of its rules governing such flights to examine any potential misapplication that could create safety gaps for passengers.
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But even if camp and the language around it (the term's frequent misapplication notwithstanding) have trickled into the mainstream, this Met Gala and exhibition feel like a nail in the coffin.
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More than 300 health-care professionals and three former U.S. drug czars who advised past presidents on national drug policy called on the CDC to address the misapplication of the guideline.
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The administration's infatuation with industrial policy should concern conservatives who used to believe that when a government manages the marketplace, economies are stalled by the misapplication and waste of capital investment.
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"It's completely a misapplication of the statues, and a very large leap from anything that it was intended," said Jamie Gliksberg, a senior attorney at Lambda Legal, which supports L.G.B.T. people.
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FAA Statement 3/3: Additionally, the #FAA will conduct a top to bottom review of its rules governing these #flights to examine any potential misapplication that could create #safety gaps for #passengers.
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While I'd be skeptical of models that claim a 95 percent certainty of any outcome in a close election, it doesn't seem to me that there's a misapplication of scientific methods here.
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Credible fear determinations have increased from 28503,22019 in 2009 to 94,000 in 2016, and due apparently to misapplication of asylum law, a credible fear was found in 88 percent of the cases.
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As the article mentions, good public-defender services can play a major role in curbing the misapplication of the death penalty, as well as almost every other excess of the criminal-justice system.
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But the general rule against pretrial appeals in criminal cases means a defendant has to deal with the expense of a trial even if the charges are based on a misapplication of the law.
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All of the moves are encompassed by a new federal charge — the misapplication of police property — that Mr. Harrington, between 2011 and June 2016, dispatched officers and resources to handle certain matters without obtaining authorization.
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On Friday, standing in Superior Court in Burlington County, D'Amico pleaded guilty to one count of second-degree misapplication of entrusted property — a charge stemming from the horrific 2017 scheme, CNN, Time and 6abc Action News reported.
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Results from 29 precincts were changed, including 26 for misapplication of the rules and three for mismatches between caucus math worksheets and tallies on the IDP results page, according to a memo circulated by the state party.
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"The reported proposal would be a misapplication of emergency powers, there's certainly no credible justification to force American taxpayers to bail out uneconomic power plants," said Amy Farrell, head of government affairs at the American Wind Energy Association.
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In March, a group called Health Professionals for Patients in Pain wrote to the Centers for Disease Control and Prevention, urging the agency to respond to the "widespread misapplication" of its 2016 Guideline for Prescribing Opioids for Chronic Pain.
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These race-baiting federal initiatives, in a misapplication of rules of statistics, use raw data on traffic stops, searches and arrests to show over-representation and disparate impact on people living in minority neighborhoods in a post-Ferguson, Missouri riot report.
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"Imagine how challenging that would become if every advise-and-assist mission our forces undertake around the globe becomes subject to misapplication of the War Powers Resolution," Mr. McConnell said, referring to the 1973 measure invoked by Mr. Sanders and others.
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The EU's principal legal adviser on tax, Richard Lyal, wrote in a legal journal last year that "It is likely to be only in extreme cases that one can with confidence say that a particular decision reflects a misapplication of the chosen method".
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" Noah Shachtman and Peter W. Singer thoroughly dismantled this misapplication of analogies back in 2011, writing for the Brookings Institution that, with cyberspace, "the song is not the same and the historic fit to the Cold War is actually not so neat.
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The Iowa Democratic Party had to correct the counts for 26 precincts where "misapplication of the rules affected delegate allocation" and three precincts where "the reported final alignment did not match what was on the math worksheet," according to the state party.
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The recanvass led the Iowa Democratic Party to correct the counts for 26 precincts where "misapplication of the rules affected delegate allocation" and three precincts where "the reported final alignment did not match what was on the math worksheet," according to the state party.
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According to Thom, this stance reflects a total misapplication of informed consent and body sovereignty, as derived from trans medical practice and discourse around consent more broadly, and only serves to let community members off the hook for failing to adequately support these women while they're alive.
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But Hagar calling her father — a man who did zilch for women while he was at the country's helm in the Oval Office — a feminist is more than just a misapplication of a term; it's also a narrative that's counter to the facts of his public policies.
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In an interview in June, Professor Dauber, a friend of the victim's family, said the judge's sentence, which included three years' probation, had made female college students unsafe and cited what she called the judge's misapplication of the law in taking Mr. Turner's age, academic achievement and alcohol consumption into consideration.
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These charges were willful misapplication of a stock certificate of the U.S. Mining Company (valued at $400,000), willful misapplication of 253 bonds issued by the Niagara Mining and Smelting Company (valued at $500 each), and misapplication of a check and money order for the payment of $290,000 and a check for $8,604.70. On May 14, Cole was sentenced to eight years in prison by Francis Cabot Lowell. He was sent to the Greenfield Jail in Greenfield, Massachusetts. In 1904, Cole applied for a presidential pardon.
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The most common types of accidents involving a scissor lift caused by misapplication of the machine, obstacles, misuse of the equipment, and lack of maintenance.
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For the misapplication "Brazilian verbena" see below. It is native to tropical South America where it grows throughout most of the warm regions, from Colombia and Brazil to Argentina and Chile.
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The next day, the NFL said the penalty was a misapplication of the relevant rule, and should not have been assessed. The penalty created much controversy on social media, including beyond America.
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Aminu Maigari is a Nigerian football administrator who served as the 38th President of the Nigeria Football Federation from 2010–2014 following his sack on the grounds of “financial misappropriation, misapplication and maladministration”.
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Bates as a radical - always cites God, Nature. He seems to think that electricity is only for the rich and prefers primitive gas lamps etc. Has dramatic flair. In the name of God, misapplication of cause.
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RFA also does not require high temperatures. However, overheating from misapplication of RFA can cause harmful effects such as coagulation on the surface of the electrode, boiling within tissue that can leave "a gaping hole", tears, or even charring.
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However, victims and relatives of sudden acceleration cases are commonly unwilling to suspect involved loved ones, and blame the vehicle instead. Analysis of alleged Toyota acceleration reports in The Atlantic and other sources have found the highest distribution of involved drivers between 70 and 80 years old, with the average age skewing over 55; with elderly susceptibility to "neuronal misfiring" and pedal misapplication as a possible cause. While many alleged cases lack exact details, over half of reported incidents occurred from a complete stop or low speed, providing a window for the pedal misapplication to occur.
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In United States v. Britton (1883), the Court issued four opinions on the subject of the misapplication of public funds.United States v. Britton (Britton IV), 108 U.S. 199 (1883); United States v. Britton (Britton III), 108 U.S. 193 (1883); United States v.
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Charles H. Cole (January 5, 1847 – August 14, 1906) was an American banker who served as president of the Globe National Bank of Boston from 1897 to 1899. He pleaded guilty to willful misapplication of bank funds and served six years in jail.
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The Court of Appeal held there was no contract which connected the branches of the party with the members tightly among themselves (inter se), so the Re Recher analysis could not apply. Brightman LJ said donations to political parties give a mandate or authority as an agent to the party treasurer to add the party's funds. This must be used for party purposes. The mandate is irrevocable, but (essentially of relevance to other scenarios) the contributor has a remedy to restrain misapplication of money unless their own contribution had been spent already (the moment of spending and any misapplication judged by ordinary accounting principles).
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The angels, although created perfectly pure, require continual infusions of divine inspiration in order not to degenerate (4.26). That degeneration was what happened to the reprobate angel, satan. Reeve does not follow the line that evil may be merely the misapplication of things intended for good.
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Embezzlement is misappropriation when the property or funds involved have been lawfully entrusted to the embezzler. In circumstances where the funds are accessible to, but not entrusted to, the perpetrator, it is not embezzlement but can still be considered larceny, misappropriation, misapplication, or some other similar term.
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Die Welt des Orients 10. 1-5. Anti-proverbs have also been defined as "an allusive distortion, parody, misapplication, or unexpected contextualization of a recognized proverb, usually for comic or satiric effect".p. xi, Charles Clay Doyle, Wolfgang Mieder, & Fred Shapiro. The Dictionary of Modern Proverbs.
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It further ruled that "the facts were incorrectly and incompletely established [by the prosecutor] which could lead to misapplication of substantive law". A retrial was ordered in 6 of the 7 appeals. The lower court is required to determine the location of the border and the border crossing.
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Typical fire retardants contain the same agents as fertilizers. Fire retardants may also affect water quality through leaching, eutrophication, or misapplication. Fire retardant's effects on drinking water remain inconclusive. Dilution factors, including water body size, rainfall, and water flow rates lessen the concentration and potency of fire retardant.
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Much of her work uses formal film tactics to dramatize the misapplication and destructive qualities that political ideology can have on individuals, satirizing common conceptions of revolution and the political status quo in the process.O'Donoghue, Darragh. "Laughter in the Dark: The Black Comedy of Lina Wertmüller." Cineaste, Fall, 2018, 15-21,78.
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The conflict was provoked by the misapplication of the last edict of pacification and by a conflict between Navarre and the lieutenant-general of the king in Guyenne, a province in which Henry was governor.Memoirs, p. 211. During the conflict, Margaret rather took the side of her husband.Memoirs, p. 214.
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The accident with the aircraft was caused by a failure of good planning made by the pilot during the approach when he decided to change runway and misapplication of the landing procedure. The weather conditions, negative slope, wet runway, wind and little braking action led to the overrun of the runway.
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To much objections and protest the decision was given to the home team the Flash. The Storm was kept from advancing because of the misapplication of a FIFA rule. In 2014, the club finished in fourth place in a rebuilding year that was not the best since its move to Santa Clarita.
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After a 10-month search, NASA and NHTSA scientists found no electronic defect in Toyota vehicles. Driver error or pedal misapplication was found responsible for most of the incidents. The report ended stating, "Our conclusion is Toyota's problems were mechanical, not electrical." This included sticking accelerator pedals, and pedals caught under floor mats.
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Aerial uses of fire retardants are required to avoid application near waterways and endangered species (plant and animal habitats). After any incident of fire retardant misapplication, the U.S. Forest Service requires reporting and assessment impacts be made in order to determine a mitigation, remediation, and/or restrictions on future retardant uses in that area.
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The agency has never been charged with abuse or misapplication of funds.Ben Jacobs, “Overview of the Lumbee Tribe and the Lumbee Regional Development Association,” in 1986: The Year of the Native American, Lumbee Homecoming Program, in the Helen Maynor Scheirbeck Papers #5526, Southern Historical Collection, The Wilson Library, University of North Carolina at Chapel Hill.
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Just two decades later, De Candolle raises him to the rank of species of the other genus Echinacea serotina (Nutt.) DC. (1836). In 2002, Binns et al. discovered a misapplication of the name Echinacea purpurea for the taxon correctly named Echinacea serotina in 1836. The authors proposed to retain the names not to cause confusion among gardeners and herbalists.
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Davies, Benjamin. "HHI Concludes Satellite Sentinel Project Pilot, Launches Signal Program" by The Harvard Humanitarian Initiative (press release) (18 July 2012). Retrieved 7 July 2013. Raymond has advocated the use of human intelligence and satellite surveillance to investigate and prevent human rights abuses, but has also expressed concerns about the misapplication or abuse of that data.
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Shapiro, "Agency Theory," 269. An independent board can best objectively monitor CEO undertakings and risk.Dobbin and Jung, "The Misapplication of Mr. Michael Jensen," 31. Shareholder value also argues in favor of increased financial transparency. By making firms’ finances available to scrutiny, shareholders become more aware of the agent's behavior and can make informed choices about with whom to invest.
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A prior GM study found that 60- and 70-year-olds were six times more likely to experience sudden acceleration than 20- to 30-year-olds. In The New York Times, Richard Schmidt concluded that a brake override system could prevent acceleration cases where a vehicle defect existed, but would not prevent sudden acceleration cases caused by pedal misapplication.
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It was then that he produced those small pictures from the Bible and the life of the Virgin, which are so much admired by amateurs for their invention, colour, and facility of execution. He died in 1700, regretted by the true friends of art, who lamented the misapplication of those talents with which he was endowed.
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The book came out in a folio edition with coloured lithographs illustrating British stained glass windows from the 11th to the 15th centuries. However Warrington expressed his dislike of the glass of the centuries that followed as being "a misconception and misapplication of this art." Among Warrington's significant commissions was the tiered arrangement of windows for the Eastern Apse of Norwich Cathedral.
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The Chinese Society of Psychiatrists (CSP) has been criticised for being complicit in the Government's oppression of political dissidents, particularly the Falun Gong—including by detaining individuals via the misapplication of diagnoses or using such diagnoses as "political maniacs", "delusions of reform" or "paranoid psychosis". In 2004, the CSP agreed on a joint response with the World Psychiatric Association to the allegations.
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The show was satirized on a 1976 episode of SCTV as Match Onto My Feet, with Joe Flaherty as Father John Duffy attending a Passover celebration of the Dithers family that ends up a disaster due to the misbehavior of the children, disagreements about the family business, and a misapplication of the rites by the family patriarch, Sid Dithers (Eugene Levy).
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In Dutch, steenpatrijs, in German Steinhuhn; red-legged partridge (A. rufa) being rode steenpatrijs in Dutch. Further complication arises as, particularly within the US, the name "rock partridge" has been used for a variety of Alectoris species and hybrids. The international bird trade, for sport, aviaries' and meat, has led to misapplication of various of these common and scientific names.
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A second statutory investigation into misapplication of funds was reported to have started in February 2011. The charity had received £10m from the London Development Agency for the compulsory purchase of its property in Hackney wanted for the 2012 Olympics. Subsequently the Commission enquired into £5m given for investment to a former trustee, the former professional footballer Richard Rufus in 2009/10 and 2010/11.
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Sudden unintended acceleration (SUA) is the unintended, unexpected, uncontrolled acceleration of a vehicle, often accompanied by an apparent loss of braking effectiveness. Such problems may be caused by driver error (e.g., pedal misapplication), mechanical or electrical problems, or some combination of these factors. The US NHTSA estimates 16,000 accidents per year in USA, when drivers intend to apply the brake but mistakenly apply the accelerator.
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In 1995, Lane Denton, a Democrat and the executive director of the Department of Public Safety Officers' Association was found guilty of second degree theft (a felony) and misapplication of fiduciary property. He was ordered to pay $67,201 in restitution along with a $12,000 fine. Additionally, he was sentenced to 10 years of probation, 60 days in jail, and 240 hours of community service.
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Overuse or misapplication of thread seal tape may be a hazard. Excess application of tape can prevent mating threads from fully engaging, reducing the shear point of the threads. Combining thread seal tape with a pipe dope compound can also overload threads. Also, internal overhangs of loose material may constrict a joint or slough off and form a foreign body that could jam a valve seat.
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The original spelling is ptychanthum, from the Ancient Greek words () "a fold" and () "flower". and Some sources mistakenly refer to this plant as S. ptycanthum (without the first h). Some sources list Solanum americanum as a synonym, but it is a misapplication of the name. The Germplasm Resources Information Network lists Solanum americanum as a synonym of S. ptychanthum, but as S. americanum auct. (i.e.
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Expressed as a percentage, this is approximately a 99.990002 \% chance. However, Laplace recognized this to be a misapplication of the rule of succession through not taking into account all the prior information available immediately after deriving the result: Jaynes & Bretthorst note that Laplace's warning had gone unheeded by workers in the field.ch 18, pp 387–391 of Jaynes, E. T. & Bretthorst, G. L. (2003). Probability Theory: The Logic of Science.
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The reason for his leaving was given as a difference of opinion between him and the directors over bank policy. At the time of his retirement, Cole was estimated to be worth nearly $2 million. All of his assents were turned over to the bank so that it could meet its obligations. On December 23, 1899, Cole was arrested in Redondo Beach, California for embezzlement and misapplication of funds.
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The Eleventh Circuit Court heard the case and ruled that the Act did not violate the Establishment Clause, holding that it did not violate any of the three prongs of the Lemon test.Joan DelFattore, 174 (2004); Mary Ellen Vales, Stuck in a Moment (of Silence): The Seventh Circuit's Misapplication of the Void for Vagueness Doctrine to the Illinois Silent Reflection and Student Prayer Act , 6 429, 434-35 (2011).
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In China it is known as a species growing on mountain slopes at 1000–1600 m elevation. In Russia it occurs in sandy ground along field edges, on the steppes, and in the regionally uncommon copses of woodland. In China it flowers in June, and has fruit after July. Most documented insect relationships with this species are muddied by the misapplication of the name R. rhabarbarum to plants of R. × hybridum.
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He returned to Boston on January 5, 1900 in the custody of the United States Marshal Service. He pleaded not guilty and was released on $50,000 bail. On March 6, he was indicted by a grand jury on 16 counts of false entries in the books of the Globe National Bank and 9 counts of willful misapplication of the bank's funds. On April 14, 1900, Cole pled guilty to three of the counts against him.
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The ICC found that the fees imposed upon the Government were not unreasonable or in violation of the Act. The ICC denied reparations and dismissed the Government's complaint. After the ICC's decision, the United States government sought relief in United States District Court for the District of Columbia to have the decision rescinded. In this complaint, the U.S. Government argued that the ICC's decision was capricious, arbitrary, and based on a misapplication of law.
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Sun protection clothing can offer superior photoprotection because of some common problems with sunscreen: misapplication, low durability, poor reapplication behavior, and poor cosmetic elegance. R Sayre was the lead researcher of in vitro SPF testing for regular summer fabrics. This revealed that traditional summer clothing in North America offered less than 15 SPF protection, the minimum level recommended by doctors. These regular summer fabrics tested between SPF 59 when dry and SPF 39 when wet.
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In 2005, he was appointed again to the CAO position by newly elected Democratic Mayor Melvin "Kip" Holden. In 1987, Screen and Mary Olive Pierson, his aide during his first term, were indicted on one count each of malfeasance in the misapplication of road project funds prior to his successful re-election campaign in 1984. Screen and Pierson maintained their innocence. State Attorney General William Guste later dismissed the charges on legal grounds.
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In England partners are jointly liable for the debts and obligations of the firm whilst they are a partner.Partnership Act 1890 s 9 Where a partner has died, their estate also becomes severally liable. In Scotland partners are both jointly and severally liable. Where there has been a wrongful act or omission,Partnership Act 1890 s 10 or a misapplication of money or property in receipt,Partnership Act 1890 s 11 every partner is jointly and severally liable.
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Fuller first publicly proposed the concept as the core curriculum at the (then new) Southern Illinois University Edwardsville. He proposed it again in 1964 for the 1967 International and Universal Exposition in Montreal, Quebec, Canada. In a preamble to World Game documents released in 1970, Fuller identified it very closely with his 'Guinea Pig 'B' experiment' and his 'Comprehensive Anticipatory Design Science' lifework. He claimed intellectual property rights as well to control what he considered to be misapplication of his idea by others.
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The doctrine of the two seeds (the seed of the woman versus the seed of the serpent) explains the conflict of natures found within everyone. Good and evil cannot derive from one source; evil cannot come from God and is never simply the misapplication of things intended for good. This mixing of seeds first began when the sons of Seth took wives from the daughters of wicked men.The notion that Cain is, quite literally, born of the devil is not a Muggletonian innovation.
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In James P. Zappen's piece "Digital Rhetoric: Toward an Integrated Theory", he refers to transferring material in ways that create misapplication of a work that a scholar has written. "A media database, for example, can produce an almost infinite variety of end-user objects, which can be customized for different users, manipulated through hyperlinks, periodically updated, and scaled upon demand." Zappen's statement of "infinite" is in no way subjective or an over statement. Many digital pieces are infringed upon, stolen, or misused by the avoidance of copyright.
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Navdanya also known as the 'Nine Seeds Movement' seeks to empower local Indian farmers to move away from growing any genetically modified organism (GMOs) on their land and return to organic, chemical-free practices. This movement has reached over 5,000,000 Indian farmers and created over 65 seed banks around India. Navdanya fights to eliminate the commercialization of indigenous knowledge also known as 'Biopiracy'. Navdanya addresses multiple other international issues including climate change, food security, misapplication of technology, food sovereignty, fair trade, and many others.
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The fact that this service had to be arranged locally by parish officers rose a great number of issues. Firstly, the only men willing to take on this job for a very small wage were those who had little prospect of some other employment, usually old men hired as an alternative to the poor law grant. Secondly, Moreton suggests that "parochial misapplication"Defoe D. (1729), Second Thoughts Are Best, p.13. were commonplace around constables and beadles, appointed to collect the individual fee for the night-watch.
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During the Provisional National Defence Council (PNDC) era, Dr. Safo-Adu was arrested and put in the James Fort Prison in Accra for three weeks. He was accused of 13 charges of misapplication of public property and committing acts with intent to sabotage the country's economy. His factory: Industrial Chemical Laboratories (ICL), a successful pharmaceutical firm was seized by a horde of men. Others who were also detained were Adrews Kumi, a senior bank official and Frank Kwaku Bruce, a senior Ministry of Health official. Hon.
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The only first gentleman the state has had was James E. Ferguson, who first served as governor. He was impeached on charges of misapplication of public funds, and failing to respect and enforce the banking laws of the state and resigned from office in 1917. When his wife Miriam A. Ferguson won two non-consecutive terms as governor, James Ferguson became the state's only first gentleman. Mildred Paxton Moody had been a newspaper columnist and a professor at Hardin-Simmons University before she married Dan Moody.
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Scientology Policy Directive 28 "Suppressive Act - Dealing with a Declared Suppressive Person" 13 August 82. cited in Atack (1990), p. 35 A belief that disconnection was being used again, and not as a last resort, led a group of British Scientologists to resign from the Church in 1984, while keeping their allegiance to the beliefs of Scientology. Their interpretation was that the teachings of L. Ron Hubbard "encourage the unity of the family" and therefore that the disconnection policy was "a misrepresentation or misapplication".
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CenTrust had $8.2 billion in assets at that time and was the 23rd largest thrift in the country. The failure resulted in an estimated $1.7 billion loss to the government at the time it was seized. Chairman and CEO David Paul was convicted in November 1993 in federal court on 68 counts of tax fraud, obstruction of justice and misapplication of bank funds. He was sentenced to 11 years in prison and required to pay $60 million in restitution and a $5 million fine.
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When Ferguson found he could not have his way, he vetoed practically the entire appropriation for the university. Without sufficient funding, the university would have been forced to close its doors. In the middle of the controversy, Ferguson's critics brought to light a number of irregularities on the part of the governor. Eventually, the Texas House of Representatives prepared 21 charges against Ferguson and the Senate convicted him on 10 of them, including misapplication of public funds and receiving $156,000 from an unnamed source.
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In this way they corrected a misapplication of models so that those managing populations would use the right equation for the question that they were asking. Not only did Caughley clarify methods so that they would be more applicable to population ecology, but he also condensed material that he thought was useful. In "Analysis of Vertebrate Populations" he distilled analyses that he thought were most relevant to the field and chose those that were also easy to understand.Caughley, G. (1977) Analysis of Vertebrate Populations.
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One independent group, based in East Grinstead, called itself the "Association for Freely Incorporated Non Intimidatable, Trained and Independent Scientologists" (AFINITIES). It formed in the mid-1980s in response to the re-introduction of the Disconnection policy and other complaints against Church management. Their interpretation was that the teachings of L. Ron Hubbard, "encourage the unity of the family" and therefore that the Disconnection policy was "a misrepresentation or misapplication". Their goal was to buy out Saint Hill Manor and create a "university" where members could study Scientology without the objectionable policies.
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Its unconstrained geometry adapts easily to topographical irregularities and geographical features such as streams, woodlots and natural ponds. As neither the alignment nor the length of neighbourhood streets need to remain constant, this model gives planners considerable latitude in laying out a network. Two newer aesthetic criticisms of the Radburn model emerged in the 1980s: the absence of a street "wall" or "enclosure" and the repetitiveness of housing unit forms as found in suburban districts. Both these criticisms can be understood as a misapplication of aesthetic norms on socio-economic outcomes.
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In rallying left-foot braking is very beneficial, especially to front-wheel drive vehicles. It is closely related to the handbrake turn, but involves locking the rear wheels using the foot brake (retarding actually, to reduce traction, rarely fully locking - best considered a misapplication), which is set up to apply a significant pressure bias to the rear brakes. The vehicle is balanced using engine power by use of the gas pedal, operated by the right foot. The left foot is thus brought into play to operate the brake.
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Subsequently, the parliament had passed the Life Insurance of India Act on 19 June 1956, under which 245 firms were nationalised and consolidated under the Life Insurance Corporation. Hence, he looked upon the LIC as a "child of Parliament". He would have no softpedalling on the matter, and took the case directly to parliament: :"Parliament must exercise vigilance and control over the biggest and most powerful financial institution it has created, the Life Insurance Corporation of India, whose misapplication of public funds we shall scrutinise today." Feroze Gandhi, Speech in Parliament, 1957-12-16. p.
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A larger map of Earth in Robert E. Howard's Hyborian Age. Note that referring to the continent itself as "Hyboria" is a misapplication of the term. The Hyborian Age was devised by author Robert E. Howard as the post-Atlantean setting of his Conan the Cimmerian stories, designed to fit in with Howard's previous and lesser known tales of Kull, which were set in the Thurian Age at the time of Atlantis. The name "Hyborian" is a contraction of the Greek concept of the land of "Hyperborea", literally "Beyond the North Wind".
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However, Karpat writes, "Batzaria believed, paradoxically, that if the Young Turks had remained genuinely faithful to their original liberal ideals they might have succeeded in holding the state together." According to Batzaria, the descent into civil war and the misapplication of liberal promises after the Young Turk Revolution made the Young Turk executive fall back on its own ethnic nationalism, and then on Turkification. That policy, the author suggested, was ineffective: regular Turks were poor and discouraged, and Europe looked with displeasure on the implicit anti-colonialism of such theories.Karpat, pp.
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Within these locations, fruiting bodies may be found in grassy areas and near pathways, or often on rich, bare soil that has been disturbed at roadsides, and near ditches. In Palestine, I. geophylla grows under Palestine oak (Quercus calliprinos) and pines, with mushrooms still appearing in periods of little or no rain as they are mycorrhizal. In Western Australia, Brandon Matheny and Neale Bougher (2005) pointed to collections of what was referred to as I. geophylla var. lilacina by some Australian taxonomists, as a misapplication of the name I. geophylla var.
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" In that election, "Mandanici was at the center of a federal investigation into corruption in Bridgeport City Hall."Long road from Bridgeport to retirement, Connecticut Post (January 8, 2010). Mandanici was never implicated or indicted in connection with the corruption scandals, but more than a dozen members of his administration were convicted on state or Federal corruption charges." From 1977 to January 1983, nineteen associates of Mandanici or administration officials were indicted on corruption charges, such as perjury, fraud, and misapplication of federal money.Associated Press, Count Stands at 19 Arrests in Bridgeport (January 14, 1983).
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Denis J. M. Bradley. Aquinas on the Twofold Human Good: Reason and Human Happiness in Aquinas's Moral Science. Washington: The Catholic University of America Press, 1997. #Tracey Rowland, a theologian at the University of Notre Dame (Australia) has argued that the lack of a fully developed philosophy of culture in Maritain and others (notably Rahner) was responsible for an inadequate notion of culture in the documents of Vatican II and thereby for much of the misapplication of the conciliar texts in the life of the church following the council.
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The Turf club had then carried out an inquiry into an alleged suspicious betting pattern, the allegation being that the horse was prevented from running to its full ability. O'Connell and Anor were respectively interviewed by the respondent who served them with documents detailing their alleged breaches of the Rules of Racing with the possibility of sanctions. O’Connell and Lambe then instituted judicial review proceedings in the High Court. O'Connell and Anor did not argue procedural unfairness or the misapplication of the horse racing rules but they challenged the very basis of the rules itself.
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The learning pyramid (also known as “the cone of learning”, “the cone of experience”, “the learning cone”, “the cone of retention”, “the pyramid of learning”, or “the pyramid of retention”) is a group of popular learning models and representations relating different degrees of retention induced from various type of learning. The representations is generally via percentages and discrete layers within a "pyramid of learning". The divide is generally 10, 20, 30, 50 and 90 percent.Subramony, D.P. (2003). “Dale’s Cone revisited: Critically examining the misapplication of a nebulous theory to guide practice”.
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A fifth power could refer to the influence money can have in blurring the separation of powers, influencing the decisions of a government and legislation, and misapplication of the principle of equality before law. It can also refer to monetary systems and in the processes involved in the creating of money, the way money is supplied and how the economy is financed. This aspect can be a subject of concern in considering that the processes can introduce an unfair bias. Movements and theories that propose changes to monetary systems are encompassed in the subject of monetary reform.
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The Fully Informed Jury Association (FIJA) is a United States national jury education organization, incorporated in the state of Montana as a 501(c)(3) not-for-profit organization. FIJA works to educate all citizens on their authority when they serve as jurors. FIJA educates the public, provides commentary on current jury-related cases, and assists defendants with jury authority strategies—including the right to veto bad laws and the misapplication of laws—by refusing to convict the defendant. The organization was formed in the summer of 1989 by Larry Dodge, a Montana businessman, and his friend Don Doig.
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Audi contended, prior to findings by outside investigators that the problems were caused by driver error, specifically pedal misapplication. Subsequently, the National Highway Traffic Safety Administration (NHTSA) concluded that the majority of unintended acceleration cases, including all the ones that prompted the 60 Minutes report, were caused by driver error such as confusion of pedals. CBS did not acknowledge the test results of involved government agencies, but did acknowledge the similar results of another study. With the series of recall campaigns, Audi made several modifications; the first adjusted the distance between the brake and accelerator pedal on automatic-transmission models.
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These recalls amounted to approximately 10 million vehicles and mostly switched out all-weather mats and carpet covers that had the potential to cause pedal entrapment. At this point there was little evidence that there was ever any defect in the Electronic Throttle Control System (ETCS) that was installed in Toyota cars after 2002, despite requests to the NHTSA to investigate it, and Toyota announced that the root cause of sudden acceleration had been addressed. The Department of Transportation reported in 2011 that the only causes for SUA were pedal misapplication and wrong mats. Most complaints came after the Toyota recall.
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The literature to build this base of knowledge is scattered and often hard to obtain. The lack or ill-formed use of comparative public administration has been detrimental for many countries, including the United States. Fred Riggs a political scientist, states that "comparisons to the United States also can be problematic, because of the tendency of many American scholars to presume the American organizational structures and processes are models for other nations to emulate, which was a failing of early developmental administrative studies." In this, he claims the misuse and misapplication of comparative public administration has led to it being underdeveloped.
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According to Priscian, delenda is a participle because it agrees in number, case, and gender with a noun, namely Carthago, the subject. In Priscian's theory of POS, words are classified according to the inflectional paradigms that are created independent of the grammatical context the word is in. A misapplication of Priscian's verb categories for the modern notion of non-finite clause might thus result on the recognition of clauses where there are none. In linguistics, both Generative Theory and Systemic Functional Theory of Language do not support analyses of Carthago delenda est in the way it is proposed above.
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According to the United States Department of Justice, check kiting can be prosecuted under several existing laws including those against bank fraud (), misapplication (), or required entries (). It can draw a fine of up to $1,000,000.00, imprisonment for up to 30 years, or both, and many first-time offenders with no criminal background have received stiff sentences. In addition to the federal penalties, state law often provides for alternate civil and criminal consequences. Although the United States prosecutes some paper hangers under federal law,Identity theft and fraud most issuance of bad checks in the United States is prosecuted as a state offense.
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The Texas House of Representatives prepared 21 charges against Ferguson, and the Senate convicted him on 10 of those charges, including misapplication of public funds and receiving $156,000 from an unnamed source. The Texas Senate, many of whom had served under William Harding Mayes and with whom Mayes maintained cordial relationships,Texas State Senate Journal removed Ferguson as governor and declared him ineligible to hold office under Texas jurisdiction. But Ferguson ran for governor in the 1918 Democratic primary. He was defeated in the Democratic primary by his successor and incumbent, William P. Hobby of Houston, previously the lieutenant governor.
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The gambler's fallacy is a particular misapplication of the law of averages in which the gambler believes that a particular outcome is more likely because it has not happened recently, or (conversely) that because a particular outcome has recently occurred, it will be less likely in the immediate future. As an example, consider a roulette wheel that has landed on red in three consecutive spins. An onlooker might apply the law of averages to conclude that on its next spin it must (or at least is much more likely to) land on black. Of course, the wheel has no memory and its probabilities do not change according to past results.
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David Amiel Freedman (5 March 1938 – 17 October 2008) was Professor of Statistics at the University of California, Berkeley. He was a distinguished mathematical statistician whose wide-ranging research included the analysis of martingale inequalities, Markov processes, de Finetti's theorem, consistency of Bayes estimators, sampling, the bootstrap, and procedures for testing and evaluating models. He published extensively on methods for causal inference and the behavior of standard statistical models under non-standard conditions – for example, how regression models behave when fitted to data from randomized experiments. Freedman also wrote widely on the application—and misapplication—of statistics in the social sciences, including epidemiology, public policy, and law.
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Noonan closes with a blast at the Federal Circuit for a lack of courage or will to use available "analytical and doctrinal tools" to instruct the Supreme Court on correcting its past errors, because "shielding the Court from the consequences of their bad decisions does them a disservice." Devlin Hartline maintains: > [T]he panel's decision striking down Sequenom's noninvasive prenatal test > strikes at the very heart of the patent system. Revolutionary diagnostic > testing methods that cost tens of millions of dollars to produce should be > the flagship of the modern patent system. But the panel's misapplication of > Mayo calls into doubt many meritorious inventions that benefit us all.
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Between 1987 and 2007 direct mentions of self-esteem in leading US newspapers and magazines increased by 4,540 per cent while narcissism, which had been almost non-existent in the press during the 1970s, was referred to over 5,000 times between 2002 and 2007. Cross-cultural studies of differences in narcissism are rare. Instead, as there is a positive association between narcissism and individualism and a negative one between it and collectivism, these traits have been used as proxies for narcissism in some studies. This approach, however, risks the misapplication of the concepts of individualism and collectivism to create overly-fixed, "caricature-like", Quoted in oppositional categories.
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There are many sources of Hydrogen Embrittlement, however they can be divided into two categories based on how the hydrogen is introduced into the metal; Internal Hydrogen Embrittlement (IHE) and Hydrogen Environmental Embrittlement (HEE). The first category is from the preexisting hydrogen already present within the metal from creation and the second category is hydrogen introduced from the environment the metal finds itself in. Examples of Internal Hydrogen Embrittlement include processes such as casting, carbonizing, surface cleaning, pickling, electroplating, electrochemical machining, welding, roll forming, and heat treatments. Examples of Hydrogen Environmental Embrittlement include generic corrosion from exposure to the environment or through misapplication of various protection measures.
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The elm replies to the 'poor infatuated shrub' that misapplication of its resources will soon bring about its downfall.Fable XXXI, pp.194-5 In the rewriting, the original moral of the Elm and the Vine, that weakness needs support, is made to revert to the economics of the Speculum Sapientiae. Very much the same moral is drawn from "The Oak and the Sycamore" in the same section of Dodsley's book: 'A Sycamore grew beside an Oak, and being not a little elevated by the first warm days of spring, began to shoot forth and to despise the naked Oak for insensibility and want of spirit.
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In psychology, "passive- aggression" is one of the most misused of psychological terms. After some debate, the American Psychiatric Association dropped the behavior pattern from the list of personality disorders in the DSM IV as too narrow to be a full- blown diagnosis and not well enough supported by scientific evidence to meet increasingly rigorous standards of definition. Culturally, the ambiguous "passive-aggressive" label is misused by lay persons and professionals alike. The removal of the passive-aggressive personality definition from the official diagnostic manual was in large measure because of the frequent misapplication and because of the often contradictory and unclear descriptions clinicians in the field provided.
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In the twentieth century, criticisms regarding the usage of detribalization emerged among scholars, particularly in the African context, who recognized its misapplication as a consequence of racism. South African anthropologist Meyer Fortes noted how the term was commonly used in the European sociological context as a "synonym for such words as 'pathological', 'disintegrated', 'demoralized', in a pejorative or deprecatory sense." Isaac Schapera recognized how the term was also being misapplied by Europeans who assumed that urbanization in colonial society implied detribalization: "it is not correct to assume that all people who go to the Union [of South Africa] from Bechuanaland tend to become 'detribalized'."Bovenkerk 1975, p. 27.
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In contrast to the mysticism of the early twentieth century, today quantum mysticism typically refers to its New Age incarnation that claims to combine ancient mysticism with quantum mechanics. Called a pseudoscience and a "hijacking" of quantum physics, it draws upon "coincidental similarities of language rather than genuine connections" to quantum mechanics. Physicist Murray Gell-Mann coined the phrase "quantum flapdoodle" to refer to the misuse and misapplication of quantum physics to other topics. An example of such misuse is New Age guru Deepak Chopra's "quantum theory" that aging is caused by the mind, expounded in his books Quantum Healing (1989) and Ageless Body, Timeless Mind (1993).
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Many of the more popular terms used in discussing the compensation effect are specific to their field or phenomena. In these contexts, the unambiguous terms are preferred. The misapplication of and frequent crosstalk between fields on this matter has, however, often led to the use of inappropriate terms and a confusing picture. For the purposes of this entry different terms may refer to what may seem to be the same effect, but that either a term is being used as a shorthand (isokinetic and isoequilibrium relationships are different, yet are often grouped together synecdochically as isokinetic relationships for the sake of brevity) or is the correct term in context.
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According to Tulloss however, their measurements of the cap and stem dimensions of A. amici fell within the range expected for A. gemmata, and for this reason, the two taxa should be considered conspecific. Neville and Poumarat suggest that the name A. gemmata still persists for Mediterranean collections because of its frequent historical misapplication to the native Italian species A. gioiosa, which had not been described as a distinct species until 2004. A. orientigemmata, a mushroom ranging from Japan to China, is a lookalike, but has clamps, unlike A. gemmata. Other differences between the two species include the slightly smaller spores of A. orientigemmata, and differences in the microstructure of the cap warts.
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He was also the owner of Cutter Bill, a famous cutting horse.Pot smuggling trial could topple Texas dynasty. United Press International, by Deborah A. Wormser. Sarasota Herald-Tribune. January 10, 1982 Cauble was convicted in January 1982 on ten counts including: two counts of violating the Racketeer Influenced and Corrupt Organizations Act statute (RICO), conspiracy to violate RICO, three violations of the Interstate Commerce Travel Act, and four counts of misapplication of bank funds.Rex Cauble Convicted Associated Press January 29, 1982 Victoria Advocate Guilty Verdict Shocks Cowboy Drug Smuggler United Press International January 29, 1982 The Bryan Times The Long Voyage Home New York Times January 31, 1982706 F.2d 1322: United States of America, Plaintiff-appellee, v.
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Early in 1960, the Second Circuit was asked to vacate an arbitration award on exactly those grounds in a dispute over whether two ships had been built to the contracted specifications. Charles Edward Clark, a member of the circuit's original Wilko panel, noted in his opinion the potentially contradictory nature of the Supreme Court's Wilko dictum and its Bernhardt footnote. While he found the incomplete record available to suggest that the question on which the arbitrators had differed to be one of fact rather than law, he upheld Bernhardt: "[T]he misapplication—if it be that—of such rules of contract interpretation does not rise to the stature of a 'manifest disregard' of law."Amicizia Societa Navegazione v.
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They are sometimes humorously called greengrocers apostrophe's, rogue apostrophes, or idiot's apostrophes (a literal translation of the German word Deppenapostroph, which criticises the misapplication of apostrophes in Denglisch). The practice, once common and acceptable (see Historical development), comes from the identical sound of the plural and possessive forms of most English nouns. It is often criticised as a form of hypercorrection coming from a widespread ignorance of the proper use of the apostrophe or of punctuation in general. Lynne Truss, author of Eats, Shoots & Leaves, points out that before the 19th century it was standard orthography to use the apostrophe to form a plural of a foreign-sounding word that ended in a vowel (e. g.
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Wilde did not see kindness or altruism per se as a problem; what worried him was its misapplication in a way which leaves unaddressed the roots of the problem: "the altruistic virtues have really prevented the carrying out of this aim. Just as the worst slave-owners were those who were kind to their slaves, and so prevented the horror of the system being realised by those who suffered from it, and understood by those who contemplated it, so, in the present state of things in England, the people who do most harm are the people who try to do most good" while preserving the system."The soul of man under socialism - Oscar Wilde". libcom. September 8, 2005.
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However, as Doidge also acknowledged in the chapter, the Arrowsmith Program has been controversial. Widespread doubt and criticism has emerged from several psychologists, neuroscientists and learning experts. This has centered on the lack of scientific evidence used by the program to demonstrate its efficacy and on its underlying rationale which its critics say represents an oversimplification and misapplication of neuroscientific concepts. Coinciding with Barbara Arrowsmith Young's speaking tour of Australia in 2012, the Catholic Education Office in Sydney announced that it would begin a pilot study involving 20 learning disabled students in their last two years of high school who would be offered the Arrowsmith Program for two years beginning in 2013.
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In November 2013, researchers at Stanford University used data from Major League Baseball and found that there was "strong evidence" that the hot hand existed in ten different statistical categories. In 2014, a paper from three Harvard graduates presented at the Sloan Sports Analytics Conference, which used advanced statistics that for the first time could control for variables in basketball games such as the player's shot location and a defender's position, showed a "small yet significant hot-hand effect." In 2015, an examination of the 1985 study by Joshua Miller and Adam Sanjurjo found flaws in the methodology of the 1985 study and showed that, in fact, the hot hands may exist. The researchers said that instead it may be attributable to a misapplication of statistical techniques.
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On November 25, 1993, Paul was convicted of fraud in Federal Court for making personal use of CenTrust's funds while the savings and loan was failing. Paul was convicted on 68 counts consisting of 47 counts of bank fraud, 9 of misapplication of Centrust funds, 5 of filing false tax returns, 4 of mail fraud, 2 of obstruction of regulators, one count of conspiracy and one count of making false entries on Centrust books. Facing a maximum of 350 years in prison he was sentenced to 11 years in prison and ordered to pay $65 million ($60 million in restitution and a $5 million fine).New York Times: "11-Year Sentence for Chief of Failed S.& L." December 2, 1994 He was released in 2004.
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Groups thus fall into groupthink where they increasingly make decisions based on influence of each other and are thus less accurate. However, other commentators have suggested that, given the entertainment nature of the show, Brown's misapplication of the theory may have been a deliberate smokescreen to conceal his true method. This was also shown in the television series East of Eden where a social network of roughly 10,000 individuals came up with ideas to stop missiles in a very short span of time. Wisdom of Crowds would have a significant influence on the naming of the crowdsourcing creative company Tongal, which is an anagram for Galton, the last name of the social-scientist highlighted in the introduction to Surowiecki's book.
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On October 6, Dr. Mike Ryan, director of the WHO's Health Emergencies Programme announced "Our current best estimates tell us that about 10% of the global population may have been infected by this virus." Also in October, the Centre for Evidence-Based Medicine (CEBM) reported a 'presumed estimate' of global IFR at between 0.10% to 0.35%, noting that this will vary between populations due to differences in demographics. These researchers noted a decrease in IFR in England over time; and, for the UK and Italy (the two Europeans nations worst hit by COVID-19), attribute the rise in daily cases, stability in daily deaths, and shift of cases to a younger population to waning viral circulation, misapplication of testing, and misinterpretation of test results rather than to prevention, treatment, or virus mutation.
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Theoretically the case was controversial, as the House of Lords rejected that such a tracing claim was founded upon unjust enrichment, as opposed to being the vindication of a property right.See A Burrows, 'Proprietary restitution: unmasking unjust enrichment’ (2001) 117 LQR 412, contending that an unjust enrichment analysis was preferable because the idea of property persisting through changes of hands was fictitious, and their Lordships were mistaken to think that an unjust enrichment claim required a causal link between the claimant's loss and the defendant's gain. Robert Maxwell stole the pension funds of his employees at the Daily Mirror and accidentally fell off his yacht, the Lady Mona K, near the Canary Islands. Bishopsgate Investment Mgt Ltd v Homan held Maxwell and his inheritors were strictly liable to account for misapplication of the assets.
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Moreton proposes a pragmatic scheme (already in use in the parish of St. Giles in the Fields) for a more effective night watch. This should be "composed of stout able-bodied men",Defoe D. (1729), Second Thoughts Are Best, p.12. arranged in a sufficient number, one every forty houses "for it is observable that a man can not well see distinctly beyond the extent of twenty houses in a row". To avoid any possible abuse or misapplication in the distribution of the public money, Moreton suggests that the watch should be elected and paid by the householders themselves through an arranged rating and collecting system, and their annual wage should be increased to 20 pound,In Parochial Tyranny (1727) Moreton affirms that a watchman is paid 6d.
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The last congress of the party, held on 13 May 2006, declared, that the party had passed a difficult stage of its establishment successively, encouraging people of Lithuania to constantly oppose corruption and power misapplication in the country and changing the name of the party to 'Order and Justice'. The formal reason for changing the name was the fact that four different political groups used the word 'liberal' in their names. According to unofficial views of some party members, the new name mirrors the party's more conservative position than when it was founded in 2002. In the 2007 municipal elections, although the party was disappointed with the general results, it won a plurality in Vilnius, and formed a coalition with the Social Democratic Party (LSDP) under mayor Juozas Imbrasas.
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A man with a hammer attached to his skin Human magnetism is a popular name for an alleged ability of some people to attract objects to their skin. People alleged to have such an ability are often called human magnets. Although metal objects are the most popular, some are also alleged to be able to stick other types of materials, such as glass, porcelain, wood or plastic as well as metals with no ferromagnetic properties such as brass and aluminium. However, none of the recorded claims of human magnetism corresponds with the physics of magnetism, indicating that this "ability" is in fact nothing more than a misunderstanding of the physics and meaning of the term and a misapplication of it to what has been shown to be nothing more than unusually sticky skin.
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In his book Darwin's Dangerous Idea, Daniel Dennett also criticized Gould and Lewontin's "spandrels" metaphor for the same reason, adding, "the spandrels of San Marco aren't spandrels even in Gould's extended sense. They are adaptations chosen from a set of equipossible alternatives for largely aesthetic reasons..." This criticism was itself criticized by Robert Mark, who argued that "Gould and Lewontin's misapplication of the term spandrel for pendentive perhaps implies a wider latitude of design choice than they intended for their analogy. But Dennett's critique of the architectural basis of the analogy goes even further astray because he slights the technical rationale of the architectural elements in question." Some defenders of the adaptationist perspective developed "explanatory adaptationism" as a response to some of the arguments made in the paper.
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Their counsel told the court that Larkin had justified the occupation by false and malicious attacks on their characters to oust them and to gain sole control of the union. The Master of the Rolls, presiding, declared: "It is surprising that a man of Mr Larkin's intelligence should launch so desperate an invective against these people for irregularities, in the misapplication of funds and the falsification of documents, when I have before me a document which bears the name of James Larkin, which has been proved to be a misstatement." Larkin's "misstatement" asserted that the Transport Union had £1,746.69 in the Hibernian Bank in December 1913, but the union account was completely empty. Moreover, since all relevant union account books had mysteriously been destroyed, no explanation for the missing money was possible.
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He had studied with attention the recent writings of the anti-Aristotelians; and, giving effect to many of the opinions advanced by them, he endeavoured by modifications and concessions to adapt to modern use the logic and metaphysics, but still more the physical hypotheses, of his scholastic masters. It seems to be admitted, that in this attempt at compromise he went farther than any of the scholastic philosophers of his time. His modern critics lament the misapplication of the fine qualities which his mind evidently possessed. In his own day, as a Jesuit teaching the doctrines then approved by his order, he was indeed safe from any serious charge of heterodoxy; but his position as a partial innovator laid him open to many attacks from the uncompromising adherents of the old philosophical systems.
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Gardner's original formulation, which labeled mothers almost exclusively as the alienating parent, was endorsed by fathers' rights groups, as it allowed fathers to explain the reluctance of their children to visit them and assign blame to their former wives. In contrast, women's groups criticized the syndrome, concerned that it permitted abusers to claim that allegations of abuse by mother or child were reflective of brainwashing. Gardner himself emphasized that PAS only applied in situations where there was no actual abuse or neglect had not occurred, but by 1998, noted an increase in the awareness of PAS had led to an increase in its misapplication as an exculpatory legal maneuver. PAS has been cited in high- conflict divorce and child custody cases, particularly as a defense against accusations of domestic violence or sexual abuse.
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A 2011 study suggests that the practical functions that some pets provide, such as assisting hunting or removing pests, could've resulted in enough evolutionary advantage to allow for the persistence of this behaviour in humans and outweigh the economic burden held by pets kept as playthings for immediate emotional rewards. Two other studies suggest that the behaviour constitutes an error, side effect or misapplication of the evolved mechanisms responsible for human empathy and theory of mind to cover non-human animals which has not sufficiently impacted its evolutionary advantage in the long run. Animals in captivity, with the help of caretakers, have been considered to have owned "pets". Examples of this include Koko the gorilla and several pet cats, Tonda the orangutan and a pet cat and Tarra the elephant and a dog named Bella.
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The principal criticisms of Lean management are well known, relatively few in number, and have been constant over time.Emiliani (2014) "Same Six Criticisms of Lean" Workers may view Lean management as undesirable if it is incorrectly implemented, because it could make them work harder, they might have less time to spend with customers, and, ultimately, they could lose their jobs. These criticisms, which will surely be voiced by faculty and staff in HE, are predictable Emiliani (2013) "Lean Must Do No Harm" and the result of zero-sum (win-lose) application of Lean management by senior managers. Supporters of Lean might assert that Lean management can be conducted in a non-zero-sum (win-win) manner—the criticism is simply a result of misapplication of the central concepts.
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However, Ibn Taymiyyah disagreed because he thought a contradiction between the definitive canonical texts of Islam, and definitive reason was impossible and that this was also the understanding of the salaf. Racha el-Omari says that on an epistemological level, Ibn Taymiyyah considered the Salaf to be better than any other later scholars in understanding the agreement between revelation and reason. One example for this is the use of analogy in the Islamic legal principle of maslaha (public good) about which Ibn Taymiyya believed, if there were to be any contradiction to revelation then it is due to a misunderstanding or misapplication of the concept of utility. He said that to assess the utility of something, the criteria for benefit and harm should come from the Qur'an and sunnah, a criterion which he also applied to the establishment of a correct analogy.
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His Lordship then gave a few examples of dishonesty, such as deception, knowingly taking the property of others, participation in a transaction in light of knowledge that it involves a misapplication of trust assets, willful blindness etc. The issue was later reconsidered in Twinsectra Ltd v Yardley in the House of Lords, which unfortunately returned a different answer. The majority in that case held that Lord Nicholls in Royal Brunei meant to say that, for a person to be held liable as an accessory to a breach of trust, he had to have acted dishonestly by the ordinary standards of reasonable and honest people and have been himself aware that by those standards he was acting dishonestly. This became known as the "combined test", namely a standard which requires both subjective and objective states of mind.
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She has additionally held the roles of Chairperson of the Women Movement South-East Asia and the Pacific, Vice President of the Regional Islamic Dawah Council of South-East Asia and the Pacific (RISEAP), and Board Member of the Council for Australian-Arab Relations. Abdel-Halim wrote Did You Know: Refuting Interpretations Concerning The Position of Women in Islam, and Muslim's interaction with non-Muslims, published in 2008 by the Muslim Women's National Network Australia, and funded by the Department of Immigration and Citizenship as part of the "National Action Plan to Build on Social Cohesion, Harmony and Security". The book aims to address the "misinterpretation and misapplication of Islam as it affects the role, position and rights of Muslim Australian women." It has been distributed across Australia through schools, universities, public libraries, migrant resource centres, government departments, politicians.
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" Audi's research demonstrated that many of the drivers who encountered "unintended acceleration" were "below average in height", indicating their knowledge of a relationship between design and the incidents. In a review study published in 2012, NHTSA summarized its past findings about the Audi unintended acceleration problems: "Once an unintended acceleration had begun, in the Audi 5000, due to a failure in the idle-stabilizer system (producing an initial acceleration of 0.3g), pedal misapplication resulting from panic, confusion, or unfamiliarity with the Audi 5000 contributed to the severity of the incident." This summary is consistent with the conclusions of NHTSA's most technical analysis at the time: "Audi idle-stabilization systems were prone to defects which resulted in excessive idle speeds and brief unanticipated accelerations of up to 0.3g [which is similar in magnitude to an emergency stop in a subway car].
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Some analysts stated that if legally upheld, the declaration would vastly expand governmental power, particularly that of the presidency and the executive branch. Reporter Charlie Savage summarized the political impact of the declaration, saying that "no matter what else happens, Mr. Trump’s willingness to invoke emergency powers to circumvent Congress is likely to go down as an extraordinary violation of constitutional norms—setting a precedent that future presidents of both parties may emulate to unilaterally achieve their own policy goals." A number of legal scholars called the declaration an "abuse" and a "deliberate misapplication" of the National Emergencies Act, with many stating that the declaration threatened the separation of powers in the United States and amounted to a potential constitutional crisis. They said the declaration was a continuation of the expansion of presidential power observed during the 2010s in the United States.
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Carey v. Musladin, 549 U.S. 70 (2006), is a United States Supreme Court case involving the standard for when a federal court can grant habeas corpus relief to overturn a criminal conviction based on the state court's misapplication of established federal law.. At issue was whether a criminal defendant's constitutional right to a fair trial was violated when relatives of the alleged victim were permitted to sit in the courtroom as spectators during trial, wearing buttons that displayed the victim's image. The Supreme Court ruled that the state court did not unreasonably apply clearly established federal law when it upheld the conviction. The Court's prior rulings on when courtroom practices prejudiced the right to a fair trial were limited to state-sponsored conduct, and had consequently left it an open question regarding the conduct of spectators.
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In 1922 Morse was accused of misrepresentation of his facilities for ship construction; misapplication of funds intended for the building of ships to the building of shipyards; misappropriation of equipment for his own purposes; and failure to turn over to the government the profits of ships it had leased to him. Indicted for war profiteering and fraud, soon after he was confronted with charges of mail fraud involving sales solicitations for stock of the United States Shipping Company. The trial on the war profiteering charges resulted in an acquittal, but a civil suit in 1925 against the Virginia Shipbuilding Company resulted in a judgment for the government of over $11.5 million. The mail fraud case against Morse ended when he was adjudged too ill to stand trial, and after a jury had disagreed the charges against his sons were quashed.
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On May 26, 2010, West made two controversial balk calls on Mark Buehrle and consequently ejected White Sox manager Ozzie Guillen for arguing and Buehrle for throwing his glove. On August 26, 2010, West was the plate umpire for Albert Pujols’ 400th career home run. On September 14, 2014, West ejected Jonathan Papelbon for the lewd act of adjusting his groin, resulting in a confrontation where West grabbed Papelbon's jersey. MLB subsequently suspended Papelbon for seven games for his lewd act and West for one game for initiating contact with Papelbon, marking the first umpire suspension since Fieldin Culbreth's May 2013 suspension for misapplication of baseball rules and the first on-field misconduct suspension of an umpire since Bob Davidson's May 2012 suspension for situation handling violations related to his ejection of Phillies Manager Charlie Manuel.
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Imperial nature tends to take on a modern association, however with the creation of the league essentially people of uneducated agricultural background were given the right to vote in the assembly. This version of Athenian democracy took on a role that allowed for a tyrannical nature of a seemingly egalitarian ideal. The league demanded submission to create a unified Greece, the only problem is that instead of creating a standing army or improved military strength to prevent further invasion, the Athenians under the direction of Pericles started the Periclean building projects that squandered funds and glorified Athens and Greece in their defeat of Persia. This misapplication of tribute from Attican city- states created the rejection of this idea by Sparta, and subsequently the Peloponnesian War, not securing Greece from an outside Persian attack, but opening it for an internal rejection of the league.
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On August 13, 1985, 56 assemblymen signed a resolution calling for the impeachment of President Marcos for graft and corruption, culpable violation of the Constitution, gross violation of his oath of office and other high crimes. They cited the San Jose Mercury News exposé of the Marcoses' multimillion-dollar investment and property holdings in the United States. The properties allegedly amassed by the First Family were the Crown Building, Lindenmere Estate, and a number of residential apartments (in New Jersey and New York), a shopping center in New York, mansions (in London, Rome and Honolulu), the Helen Knudsen Estate in Hawaii and three condominiums in San Francisco, California. The Assemblymen also included in the complaint the misuse and misapplication of funds "for the construction of the Film Center, where X-rated and pornographic films are exhibited, contrary to public morals and Filipino customs and traditions".
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Incidents occurred exclusively in automatic transmission-equipped cars with driver complaints involving rental cars being far more frequent. All factors point to reduced driver familiarity and sophistication. On March 12, 2010, Autoline Detroit argued that searches for additional vehicle defects were likely fruitless, as driver error was the primary cause of the 0.009 per million rate of Toyota sudden acceleration incidents from 1999 to 2009, with "demographics and psychographics", namely elderly drivers and pedal misapplication as factors. Also noted was that drivers with Type II diabetes (adult onset), which is more common among the elderly, are subject to reduced sensation in their lower extremities (peripheral neuropathy) with related impairment in positional knowledge of foot placement (proprioception). Wired wrote that since investigators have been "unable to find evidence supporting drivers’ claims their Toyotas suddenly raced out of control" operator error is the most likely explanation.
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MBO has its detractors and attention notably among them W. Edwards Deming, who argued that a lack of understanding of systems commonly results in the misapplication of objectives.Deming, W. Edwards, Out of the Crisis, The MIT Press, 1994, Additionally, Deming stated that setting production targets will encourage workers to meet those targets through whatever means necessary, which usually results in poor quality.Deming’s 14 Points and Quality Project Leadership J. Alex Sherrer, March 3, 2010 Point 7 of Deming's key principles encourages managers to abandon objectives in favour of leadership because he felt that a leader with an understanding of systems was more likely to guide workers to an appropriate solution than the incentive of an objective. Deming also pointed out that Drucker warned managers that a systemic view was requiredDrucker, Peter, "Management Tasks, Responsibilities, Practices", Harper & Row, 1973 and felt that Drucker's warning went largely unheeded by the practitioners of MBO.
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Besides English Taoism/Daoism, other common -ism borrowings include Confucianism, Mohism, and Maoism. While most Chinese loanwords have a "foreign appearance", monosyllabic ones such as li or tong are more likely to remain "alien" than loanblends with English elements such as Taoism or tangram that are more readily "naturalized" (Yuan 1981: 250). The Oxford English Dictionary (2nd ed.) records the progression of occurrences over the succeeding centuries: Tao 1736, Tau 1747, Taouism and Taouist 1838, Taoistic 1856, Tao-ism 1858, Taoism 1903, Daoism 1948, Dao and Daoist 1971. Linguists distinguish between hypercorrection, the erroneous use of a nonstandard word form due to a belief that it is more accurate than the corresponding standard form (for instance, the /fra:ns/ pronunciation for France /fræns/), and hyperforeignism, the misapplication of foreign loanword pronunciation patterns extended beyond their use in the original language (such as dropping the "t" in claret /ˈklærɪt/).
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On 5 July 1818, William Carey, Joshua Marshman and William Ward (another member of their missionary team) issued a prospectus (written by Marshman) for a proposed new "College for the instruction of Asiatic, Christian, and other youth in Eastern literature and European science". Thus was born Serampore College, which still continues to this day. At times funds were tight, and after a brief and false rumour alleging misapplication of funds caused the flow of funds being raised by Ward in America to dry up, Carey wrote, > Dr. Marshman is as poor as I am, and I can scarcely lay by a sum monthly to > relieve three or four indigent relatives in Europe. I might have had large > possessions, but I have given my all, except what I ate, drank, and wore, to > the cause of missions, and Dr. Marshman has done the same, and so did Mr. > Ward.
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Nobles has authored over 100 articles, research reports, chapters, and books, including African Psychology: Toward its Reclamation, Reascension and Revitalization, Seeking the Sakhu: Foundational Writings in African Psychology, and The Island of Memes: Haiti’s Unfinished Revolution. Island of Memes, inspired by Nobles' visit to Haiti following the 2010 earthquake, focuses on the roles of Haitian religion and class systems in its recovery from natural disaster and uses memes as cultural indicators. Among Nobles' scientific publications is his article "Extended self: Rethinking the so-called Negro self-concept," which critiques Euro-Americans' research about African Americans on the basis of their fundamental misunderstanding of group differences and misapplication of Euro-centric norms. Similarly, his article "Africanity: Its Role in Black Families" criticizes social science research defining the black family as disorganized and pathological, as it is performed by non-black researchers with negative assumptions of black family life.
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Concerned Foreign Service Officers (CFSO) is a group of current and former Foreign Service and Civil Service employees of the U.S. Department of State, cofounded by William Savich and Daniel M. Hirsch, created to investigate, document and expose alleged misuse of the security clearance process by the State Department's Diplomatic Security Service (DSS). CFSO's concern is the possibility that the clearance process can be used to circumvent Federal personnel regulations, to bypass equal employment opportunity laws and to punish dissenters and whistle blowers within the agency. The group investigates and documents allegations of improper and coercive interview techniques, fraudulent statements in investigative reports, suppression or destruction of evidence, improper seizure of personal property, misapplication of security regulations and similar allegations in relation to DSS cases. The group considers that such acts would threaten the national security of the United States by reducing the reliability and integrity of DSS operations and by inhibiting the expression of dissenting views within the Foreign Service.
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In federations, the balance of power is occasionally used informally to designate the degree to which power is centralized in the federal government or devolved to the subnational governments. The term itself is largely a misnomer of its misapplication from geopolitics in the twentieth century (for example, the Cold War) and European politics in the nineteenth century involved, for example, in the assessment of the conditions of war following the Napoleonic campaigns across Europe (see Metternich) In confederations (decentralised federations), it is more likely that the balance of power will be in favour of the sub-national level of government (that is, states or provinces). Canada is an example of such a federation. The Commonwealth of Australia is an example of a federation in which the balance of power has shifted in favour of the central (federal) government; although the states were constitutionally intended to be preponderant, the federal government has become dominant through various means of this power.
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This recommendation in law began with the Goode Report, Pension Law Reform (1993) Cm 2342 The Secretary of State has the power by regulation, as yet unused, to increase the minimum up to one half.PA 2004 s 243 Trustees are charged with the duty to manage the fund in the best interests of the beneficiaries, in a way that reflects their general preferences,See Harries v The Church Commissioners for England [1992] 1 WLR 1241 and see the Law Commission, Fiduciary Duties of Investment Intermediaries (2014) Law Com No 350, Part 6 by investing the savings in company shares, bonds, real estate or other financial products. There is a strict prohibition on the misapplication of any assets.See Bishopsgate Investment Management Ltd v Maxwell [1993] BCLC 814 Unlike the general position for a trustee's duty of care, the Pensions Act 1995 section 33 stipulates that trustee investment duties may not be excluded by the trust deed.
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An RFI is used in the construction industry when a project's construction documentation lacks information that is required to proceed with any given scope of work. It is raised by the general contractor that has been answered by the client, or architect, and distributed to all stakeholders, is generally accepted as a change to the scope of work unless further approval is required for costs associated with the change. An RFI is common and accepted practice for a subcontractor or supplier to use an RFI to state his/her concern related to the omission or misapplication of a product, and seek further clarification of the building owner's intended use or their official acceptance of the specified product. It is also acceptable for the subcontractor to use an RFI to call attention to an inferior product that may not meet the building owner's needs, and use his/her expertise to recommend the better/correct product.
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The region that was named Carnatic or Karnatak (Kannada, Karnata, Karnatakadesa) by Europeans lies between the Eastern Ghats and the Coromandel coast in the presidency of Madras. The name is applicable only to the country of the Kanarese extending between the Eastern and Western Ghats, over an irregular area narrowing northwards, from Palghat in the south to Bidar in the north including Mysore. The extension of the name to the country south of the Karnata was probably due to the Mahommedan conquerors who in the 16th century overthrew the kingdom of Vijayanagara, and extended the name which they used for the country north of the Ghats to that south of them. After this period the plain country of the south came to be called Karnata Payanghat, or “lowlands,” as distinguished from Karnata Balaghat, or “highlands.” The misapplication of the name Carnatic was carried by the British a step further. Officially, however, this name is no longer applied, “the Carnatic” having become a mere geographical term.
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In June 2018, Ernst and Democratic senators Kirsten Gillibrand and Patrick Leahy wrote Defense Secretary James Mattis a letter saying they were "deeply troubled" by the decision to send 21 Judge Advocate General's Corps to prosecute immigration cases on the southern border, calling it an "inappropriate misapplication of military personnel" and urging Mattis to retain the military lawyers within the military justice system. In July 2018, Ernst was one of 31 Republican senators to submit a resolution endorsing Immigration and Customs Enforcement (ICE), saying its abolition would allow "dangerous criminal aliens" and members of the MS-13 gang to remain in the U.S. Amid the 2018–19 United States federal government shutdown that resulted after Trump demanded $5.7 billion for a border wall, Ernst said she would "tend to agree that not all areas of our border need a physical barrier" if they are monitored by technology or Border Patrol agents and it was possible to respond in a "timely manner".
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Barnes v Addy was the starting point for the academic debate as to the proper grounds of accessory liability and claims for knowing receipt of trust property. Lord Nicholls revised the test for assistance liability in Royal Brunei Airlines v Tan (1995), whereby it is no longer necessary for the trustee to have acted dishonestly and instead the key element is that the third party acted dishonestly. This change was deemed necessary on the facts of Royal Brunei as the defendant was a sole director of a company who had caused the dishonest misapplication of trust property, but it had been held that the director's mental state would not be imputed to the company which had held the proceeds under trust. Writing extra-judicially, Lord Nicholls has also argued that the receipt limb of liability for third parties is based on unjust enrichment, a proposition which was decisively rejected by the High Court of Australia in Farah Constructions Pty Ltd v Say-Dee Pty Ltd.
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In August 1985, 56 Assemblymen signed a resolution calling for the impeachment of President Marcos for alleged diversion of US aid for personal use, citing a July 1985 San Jose Mercury News exposé of the Marcos's multimillion-dollar investment and property holdings in the United States. The properties allegedly amassed by the First Family were the Crown Building, Lindenmere Estate, and a number of residential apartments (in New Jersey and New York), a shopping center in New York, mansions (in London, Rome and Honolulu), the Helen Knudsen Estate in Hawaii and three condominiums in San Francisco, California. The Assembly also included in the complaint the misuse and misapplication of funds "for the construction of the Manila Film Center, where X-rated and pornographic films are exhibited, contrary to public morals and Filipino customs and traditions." The impeachment attempt gained little real traction, however, even in the light of this incendiary charge; the committee to which the impeachment resolution was referred did not recommend it, and any momentum for removing Marcos under constitutional processes soon died.
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Much more of his judgment was dedicated to the issue of whether an equitable lien arose. There was considerable concern about whether the stop loss insurers could recover if the court did not impose an equitable lien. Many of the names resided abroad, and it was expected that many of them might be declared bankrupt because of their inability to meet their primary obligations.[1993] AC 713 at 737D After carefully reviewing a number of cases where equity intervened, either to hold that the assured held the sums as trustee, or to grant injunctions to restrain any misapplication of the proceeds, he summarised: > In order to protect the rights of the insurer under the doctrine of > subrogation equity considers that the damages payable by the wrongdoer to > the insured person are subject to an equitable lien or charge in favour of > the insurer.[1993] AC 713 at 738D Lord Templeman expressly declined to state whether an equitable lien would also extend to a cause of action itself (as opposed to the proceeds of such a claim).
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Sales in the United States fell after a series of recalls from 1982 to 1987 of Audi 5000 models associated with reported incidents of sudden unintended acceleration linked to six deaths and 700 accidents. At the time, NHTSA was investigating 50 car models from 20 manufacturers for sudden surges of power. A 60 Minutes report aired 23 November 1986, featuring interviews with six people who had sued Audi after reporting unintended acceleration, showing an Audi 5000 ostensibly suffering a problem when the brake pedal was pushed. Subsequent investigation revealed that 60 Minutes had engineered the failure – fitting a canister of compressed air on the passenger-side floor, linked via a hose to a hole drilled into the transmission. Audi 100 C3, sold as the Audi 5000 in the U.S. Audi contended, prior to findings by outside investigators, that the problems were caused by driver error, specifically pedal misapplication. Subsequently, the National Highway Traffic Safety Administration (NHTSA) concluded that the majority of unintended acceleration cases, including all the ones that prompted the 60 Minutes report, were caused by driver error such as confusion of pedals.
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