The global encryption key for BIS was not at issue.
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Cultural and intellectual exchange between individuals is not at issue.
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The brand name "KitKat" is not at issue in the case.
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Let's be clear about what is and is not at issue here.
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The legality of the program is not at issue in the case.
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The legality of the program is not at issue in this particular case.
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Cole said that whether a cake is an artistic expression is not at issue.
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I learned that the performance of women in those units was not at issue.
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The fact that Scaramucci himself has, in the past, differed on policy issues with Trump is not at issue.
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It will allow agencies some ability to grant waivers for contractors where security is not at issue, the official said.
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Second, the legitimacy of exclusive bargaining was not at issue in Janus, but Alito seems to be inviting such litigation.
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Money is not at issue; an academic medical center in the United States has offered to provide the experimental treatment.
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The Supreme Court legalized abortion in 1973, and the wider issue of abortion rights is not at issue in the case.
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Trump also put restrictions on Venezuelan officials and immigrants from North Korea, but those are not at issue in this case.
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Whether the level of education was at least minimally adequate in the state's poorest schools was not at issue in the case.
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The solicitor general rarely asks the court to announce an interpretation of a statutory provision that was not at issue in the case.
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What is not at issue is that Al Awlaki was a despicable human being who was bent on carrying out his jihad against America.
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The ruling did not deal with a Minnesota law which requires schools to prevent cyber bullying, which was not at issue in the case.
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For Reilly, the court determined that her behaviour was not fearful, and again, the allegedly homophobic nature of Elliott's tweets was not at issue.
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There is attorney-client privilege, which is not at issue with an FBI agent testifying before Congress unless his personal attorney makes such an assertion.
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It said it did not know if the aluminum was substandard, but said it was not being used structurally, so safety was not at issue.
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It said it did not know whether the aluminum was substandard but said it was not being used structurally, so safety was not at issue.
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According to The New York Times, Kesha's legal team said "the truth or falsity of the allegations of abuse are not at issue" in that motion.
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The latest ban also put restrictions on officials from Venezuela and immigrants from North Korea, but those are not at issue in the Supreme Court case.
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Premises licenses are different from "carry" licenses, which give holders broader freedom to take guns outside the home and are not at issue in the case.
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The president's other business interests — such as the Mar-a-Lago estate in Florida — are not at issue, he found, because they have no clear effect on the plaintiffs.
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Sampson's guilt is not at issue, and the trial's sole purpose will be for a jury to determine whether he will be sentenced to death or to life in prison.
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A separate provision that effectively prevented out-of-state retailers for opening stores was struck down by a lower court and was not at issue in the Supreme Court ruling.
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The first thing to realize is that, despite Trump's nostalgia for a bygone era when the United States was insulated from global trade, stopping or slowing trade is not at issue.
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Specifically, the bill overreaches by applying the new joint-employer definition to the Fair Labor Standards Act – an entirely different law that was NOT at issue in the Browning Ferris case.
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Trump's other properties and business dealings are not at issue, but they are part of a separate lawsuit claiming violations of the Foreign Emoluments Clause filed by nearly 200 Democrats in Congress.
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Mr. Verrilli was right to distinguish the sincerity of the challengers' religious beliefs, which is not at issue, from the legal determination of whether filling out a form constitutes a substantial burden.
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While the plant's history is not at issue in the current trial, lawyers for the environmental law center cited it in arguing that smaller coal ash leaks were still occurring at Gallatin.
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Defense costs alone in a federal capital trial top $620,000 on average, eight times the cost of a murder trial where the death penalty is not at issue, according to the center's data.
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"We have the impression that there is an attempt to slyly use the diesel scandal to carry out personnel cuts that until a few months ago were not at issue," the letter said.
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The balls are not at issue today; instead it's whether the judge — who ruled in favor of Brady and the Players Association in a federal lawsuit and vacated his suspension — applied the law properly.
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That's not at issue here, though National Security Advisor John Bolton recently raised the prospect of classified information somehow getting misused or shared with the press in this process — which would be a crime.
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As was the case in almost every draft trial, my judge refused to allow me to present any testimony about the wrong I had set out to right, saying the war was not at issue.
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The earnings stripping proposal — which is not at issue in the lawsuit, was subject to a comment period and has yet to be finalized — has also drawn criticism from business groups, who think it is too broad.
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Although North Korea and Venezuela also are included in the president's latest proclamation, the district court injunction did not halt enforcement of the ban against those from those countries, so they are not at issue in Friday's decision.
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That's not at issue, as the former secretary of State and senator has also been part of a concerted effort of former Obama-era officials called "Diplomacy Works" to effectively churn out as much pro-JCPOA propaganda as possible.
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In a different case, the Department of Labor in April ordered Wells Fargo to reinstate a whistleblower, though that former staffer's concerns related to bank, mail and wire fraud -things that were not at issue in the sales practices scandal.
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Another key witness, Officer Barry T. Brown, who testified about corruption in the 30th Precinct in West Harlem, admitted a year later that he had lied under oath in several criminal court cases, though his testimony to the commission was not at issue.
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The Supreme Court legalized abortion in 1973, and while the broader issue of abortion rights was not at issue in the case, the 5-4 ruling represented a significant victory for abortion opponents who operate these kinds of clinics - called crisis pregnancy centers - around the country.
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"There is no reason to allow a wide-ranging fishing expedition into processes that are not before the court, are not at issue in the complaint, that would implicate serious privilege and privacy concerns, and that would create significant unnecessary burdens," they argued in their motion to quash.
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While the Supreme Court has held that when a state has a nonpartisan primary it cannot label candidates on the ballot as the party's nominees, that kind of First Amendment infringement is not at issue when it comes to the commission because none of the chosen commission members will be running for office.
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"Congress considered all of Defendants' proffered needs for border barrier construction, weighed the public interest in such construction against Defendants' request for taxpayer money, and struck what it considered to be the proper balance -- in the public's interest -- by making available only $1.375 billion in funding, which was for certain border barrier construction not at issue here," he wrote.
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The North American Meat Institute wrote in its comments that "to recommend a 'sustainable dietary pattern' when the very definition of sustainable is still at issue does a disservice ..." Of course, the definition of "sustainable" was not at issue in 2015—and since then even more evidence points to animal agriculture as a leading culprit in climate change.
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Two critics of current trade policy, Jared Bernstein, a former economics adviser to Vice President Biden, and Lori Wallach, the director of Public Citizen's Global Trade Watch, wrote a September 2016 essay for the American Prospect, "The New Rules of the Road: A Progressive Approach to Globalization" in which they acknowledge some basic facts: Despite Trump's nostalgia for a bygone era when the United States was insulated from global trade, stopping or slowing trade is not at issue.
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In the case at bar, the first element was not at issue.
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The sexual purity of a male prophet is not at issue, but sexual activity renders a woman unfit. The implication of sexual union between the god and a mortal woman is again viewed as a dangerous deception.
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Duke eventually removed Madey as director of the lab in 1997. The removal is not at issue in this appeal, however, it is the genesis of a unique patent infringement case. As a result of his removal from the directorship, Madey resigned from Duke in 1998.
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Rumours had abounded that the Scottish Rugby Union had coerced the move - Dixon described this sharply as 'a tissue of lies'. Not at issue: Aitken and Wallace had already represented New Zealand and Australia, respectively. At this time switching nationalities was pemissable - indeed Wallace switched back later to captain Australia.
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The authority of the States over the planning for new powerplants and ratemaking were not at issue. Indeed, the point of the 1959 Amendments was to heighten the States' role. Section 274(b), 42 U.S.C. 2021(b), authorized the NRC, by agreements with state governors to discontinue its regulatory authority over certain nuclear materials under limited conditions.
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The constitutionality of the National Banking Act was not at issue, the Court said, because the issue before the Court was not whether paper currency constituted "cash" but whether Willard acted in good faith (e.g., had assumed in good faith that U.S. Notes constitute cash, as Congress had said they did).Willard v. Tayloe, 75 U.S. 557, 568-569.
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Different purposes call for different choices of romanization. One extreme is to make a phonetic transcription of one person's speech on one occasion. In Israel, a pronunciation known as General Israeli Hebrew or Standard Hebrew is widely used and documented. For Israeli speech and text where linguistic groups are not at issue, romanization can use a phonetic transcription according to Standard Hebrew pronunciation.
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Justice Stevens wrote a lengthy dissenting opinion. Among his disagreements with the majority was the statement that incorporation was not at issue in this case. Citing Cruikshank, Stevens wrote, "The so-called incorporation question was squarely and, in my view, correctly resolved in the late 19th century." In addition, he argued against incorporation, taking issue with the methodology of the majority opinions.
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Gloucester County School Board. The ruling upheld the Department of Education's interpretation that Title IX's prohibition against discrimination on the basis of sex should be read broadly to include discrimination on the basis of gender identity. Although House Bill 2 was not at issue in Grimm's lawsuit, which originated in Virginia, the ruling has controlling status in the Fourth Circuit, which includes North Carolina.
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The vast majority of sexual assaults are non-stranger (or "acquaintance") cases where the victim knows the assailant. While identifying a suspect is not at issue, the kit's forensic evidence can be used to confirm offender identity in acquaintance rape cases. The kits may also be used to determine whether the offender committed other crimes. In many acquaintance sexual assault cases, the accused assailant will defend the accusations as consensual encounters.
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The first Section 10 application brought by the so-called "proponent women" in 1994 under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (CTH) succeeded.. (Cth). On the basis of the Report of Law Professor Cheryl Saunders (1994), Minister Robert Tickner declared a 25-year ban on the building of a bridge. That ban was overturned on a technicality. The veracity of the proponent's women story was not at issue.
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Robert Tripp of the Army Inspector General's office, under oath, when he was mistakenly asked about a 1991 party, which was not at issue. He testified truthfully about it. As a result, the investigators issued a report that the allegations were unsubstantiated. After the report, another Guard officer came to Tripp and his colleagues with new information which did substantiate some of the allegations, and revealed to them DeZarn's role in the 1990 party.
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But the > processes used by Myriad to isolate DNA at the time of Myriad's patents > "were well understood, widely used, and fairly uniform insofar as any > scientist engaged in the search for a gene would likely have utilized a > similar approach," 702 F. Supp. 2d, at 202–203, and are not at issue in this > case. Similarly, this case does not involve patents on new applications of > knowledge about the BRCA1 and BRCA2 genes.
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61, 70, 327 A.2d 576 (1973). That circumstance is not at issue in this case. The state urges us to revise the Evans standard of review for errors not preserved at trial because the words used by the standard though easily said lend themselves to inconsistent application. We have reviewed our own cases and those of the Appellate Court, and we agree with the state that they demonstrate disparate approaches to the Evans criteria.
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Baird had extended Griswold to unmarried heterosexuals, so the sodomy law should not apply to unmarried heterosexuals either. The Georgia Supreme Court struck down the sodomy statute by a vote of 6–1. The Court found that the individual's right to privacy in the Georgia Constitution are stronger and broader than those in the U.S. Constitution's Fourth Amendment. The majority noted that "privacy rights protected by the U.S. Constitution are not at issue in this case," while the dissenting justice cited Bowers extensively.
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A more basic reason was the belief amongst the Nine that the men who had reigned as pope since the death of Pope Pius XII (d. 1958) had not been legitimate popes (Canon 1325, no. 2, 1917), although Fr. Cekada later stated that "...[t]he 'pope question' was not raised at the time, and was not at issue." They held that these Popes had officially taught and/or accepted heretical doctrines and therefore had lost or never occupied the See of Rome (Canon 188, no.
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That the Reorganized Virginia legislature did not require vote totals to be reported to it and delegated the transmission of the vote totals to West Virginia was not at issue, Miller said. It gave the Reorganized Governor discretion as to when and where to hold the votes, under what condition the votes should be held, and to certify the votes. The legislature acted within its power to delegate these duties to the Reorganized Governor, "and his decision [was] conclusive as to the result."Virginia v.
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The official in charge replied that he did not know how he could explain to his fifteen-year-old daughter what the scarlet "A" meant, therefore he could not pass the film. Nevertheless, he was troubled, since clearly murder and robbery, the usual censorship taboos, were not at issue. He entered into a "gentleman's agreement" with the film's producer, allowing the film to be shown publicly, provided no one under twenty-one was allowed in. After several similar dilemmas over the films based on literary classics, the "pink permit" policy became law.
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102–103, emphasizing that the homosexual nature of Plotius's libido is not at issue, but rather his violation of a freeborn Roman male's body; Forsythe, A Critical History of Early Rome, pp. 313–314; Butrica, "Some Myths and Anomalies in the Study of Roman Sexuality," pp. 214–215. Some sexual protections could be extended to slaves. The conduct of slaves reflected generally on the respectability of the household, and the materfamilias in particular was judged by her female slaves' sexual behavior, which was expected to be moral or at least discreet.
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Netcom On-Line Communications Services, which established the requirement for "some element of volition or causation" in the creation of a copy for it to be infringing. Here, the Circuit Court found that while Cablevision engaged in some volitional conduct by creating a system which exists only to reproduce conduct, it was not "sufficiently proximate" to the act of copying to be liable for direct infringement. The Circuit Court held that the claims brought by Cartoon Network, et al., were more relevant to claims of contributory infringement, which was not at issue in the case.
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He brought a challenge to the federal Public Service Staff Relations Act (PSSRA) and part of the Canada Labour Code on the grounds it violated his right to association. Bastarache J, writing for the majority, held that the PSSRA did not violate the Charter because it did not affect members of the RCMP from forming their own independent associations. He further ruled that, "The fundamental freedoms protected by s. 2 of the Charter do not impose a positive obligation of protection or inclusion on Parliament or the government, except perhaps in exceptional circumstances which are not at issue here."para.
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Ray v. Blair, 343 U.S. 214 (1952), is a major decision of the Supreme Court of the United States. It was a case on state political parties requiring of presidential electors to pledge to vote for the party's nominees before being certified as electors. It ruled that it is constitutional for states to allow parties to require such a pledge of their candidates for elector, and that it was not a breach of otherwise qualified candidates' rights to be denied this position if they refused the pledge.. However, the violation of any pledge a faithless elector made was not at issue.
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On January 8, 2015, Judge Duffey denied the defendants' motion to dismiss. He found that the plaintiffs were asserting they had a fundamental right to marry a person of the same sex, which is not a right protected by the Due Process Clause of the U.S. Constitution. Since a fundamental right was not at issue, he explained he would assess Georgia's ban under the least restrictive standard of review, rational basis. He denied the motion because the state defendants had not yet met the rational basis standard by explaining the link between Georgia's ban on same-sex marriage and the state's interest in "child welfare and procreation".
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In Morales v. Lia, a pedestrian who was hit by a car in the parking lot of a strip mall was unable to get payment for his injuries from the mall owner because the driver and owner of the vehicle were determined to be 100% liable for plaintiff's injuries. In Peralta v. Henriquez, New York's highest court, the New York Court of Appeals, held that a landowner has a duty to provide lighting, when "defendants created the dangerous condition that led to the accident, [and] notice was not at issue ...."; in this case, it was lack of illumination that caused plaintiff's injuries when she walked into a bent car antenna in the darkened parking lot of defendant's premises.
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It noted that defendants' use of PEI's marks to trigger the listing of PEI sites, and other sites that legitimately use PEI's marks, was not at issue. In addition, it noted that it is not addressing a situation in which a banner advertisement clearly identified its source with its sponsor's name, or in which a search engine clearly identifies a banner advertisement's source. The court stated that it also did not address a situation in which advertisers or defendants overtly compare PEI's products to a competitor's—saying, for example "if you are interested in Playboy, you may also be interested in the following message from[a different, named company]." Rather, the court acknowledged it was evaluating a situation in which defendants display competitors' unlabeled banner advertisements, with no label or overt comparison to PEI, after Internet users type in PEI's trademarks.
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The newspaper argued that it acted responsibly as the allegations it reported were of sufficient public interest to outweigh the damage caused to Galloway's reputation. The trial judge did not accept this defence, noting that comments such as Galloway being guilty of "treason", "in Saddam's pay", and being "Saddam's little helper" caused him [the judge] to conclude that "the newspaper was not neutral but both embraced the allegations with relish and fervour and went on to embellish them"; additionally, the judge ruled, Galloway had not been given a fair or reasonable opportunity to make inquiries or meaningful comment upon the documents before they were published. The issue of whether or not the documents were genuine was likewise not at issue at the trial. Oliver Thorne, a forensic expert who had been earlier hired by Galloway's lawyers, later stated "In my opinion the evidence found fully supports that the vast majority of the submitted documents are authentic".
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