If you have to show particularized need for a commerce secretary, a labor secretary, you sure have to show up for the president tell me the particularized need.
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" She noted that searches are supposed to be "particularized based on individualized suspicion.
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"The committee's particularized need for the grand jury materials remains unchanged," she wrote.
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And as John Dowd&aposs memo of four months ago shows, they have no particularized need.
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"Unless there are some particularized privacy concerns, it can't overcome the First Amendment rights," he said.
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Yet Poliner also deserves kudos for the warm, particularized light in which she dresses her many characters.
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Her work is simultaneously about the "neutral" space of ideas and the particularized experience of the body.
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"The government has particularized concerns about discovery in this case being disclosed to Russian intelligence services," prosecutors wrote.
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It led to the legal concept of a "particularized" injury, which needs to be traced to a legal violation.
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That law requires a gun owner to show a particularized need, substantiated by documentary evidence, to carry a firearm for self-defense.
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One only has to read a page of Mill to be reminded that passionate advocacy and particularized argument are allies, not enemies.
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Esports remain ineffable and impenetrable to outsiders due to their particularized leagues, odd televised schedules, and, yes, their stigma as "not real" sports.
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The Administration has identified no information or basis for believing there is now a heightened or particularized future threat from the seven named countries.
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"However, our task is to determine whether the particularized right implicated by defendant's actions was clearly established at the time plaintiff was searched," he added.
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In order to bring a lawsuit, courts have said one must show their standing to sue by articulating how you suffered a concrete and particularized injury.
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The policy could be validated nationwide by a Trump-leaning Supreme Court, which finds police stops no longer need to be based on a particularized suspicion.
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He said the appeals court had focused on whether Mr. Robins had suffered a particularized injury but had not adequately considered whether his injury was concrete.
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"If we required particularized and quantified proof of consumer harm in every case, we would simply make it more difficult to stop harmful conduct," she said.
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But the setting is specific, and the Brothers Grimm framework has been particularized with elements of the Jewish folk tradition, like Steve Sterner's irrepressible peddler, Hotsmakh.
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Curran makes it clear that long stretches, particularly of the beautifully rendered plates, which celebrate obsolete technologies and crafts, now have a Surrealist edge of particularized meaninglessness.
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" But he added that Mr. Dowd's efforts "put us in a good position to resist a subpoena because there is no 'particularized need' for the president's testimony.
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" In briefs they encouraged the courts to adopt a bright line rule that requires a "heightened, particularized showing for any state criminal subpoena for a President's personal records.
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" The opinion continued, "This action is not a general challenge to Davis's policy, but rather seeks damages for a particularized harm allegedly suffered by a specific set of plaintiffs.
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Warrants not only must be particularized and supported by probable cause, but also may be issued only by judges sitting in the locality where the search would be executed.
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The hate crimes statute covers an attack that was motivated not by unfettered fury but particularized hatred of a victim's race, religion, national origin, ethnicity, gender or sexual orientation.
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It's a widespread practice for online services, but the complaints argue that it forces users into an all-or-nothing choice, a violation of the GDPR's provisions around particularized consent.
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Because the agency's mandate includes all goods entering the country, courts have not traditionally required agents to present particularized suspicion for each search, as would be required for domestic law enforcement.
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There are spheres of life over which society demands some degree of public oversight, but that do not lend themselves to governance through passage of specific, highly particularized, and fixed laws.
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The government is urging the Court to dismiss the case based on standing, a doctrine that requires plaintiffs to allege a sufficiently concrete and particularized injury in order to bring their case.
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The ability to map humanity into particularized boxes based on an ever-growing list of interests, personalities, opinions and, even undisclosed thoughts and emotions with a relatively high level of accuracy is unprecedented.
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"The House of Representatives as an institution would suffer a concrete, particularized injury if the executive were able to draw funds from the Treasury without a valid appropriation," she wrote in her ruling.
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Writing for a 9-0 court, Chief Justice John Roberts said that the Democratic plaintiffs challenging Republican-drawn maps had not done enough to establish "concrete and particularized injuries" necessary to bring the case.
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Mr. Vance should not be able to obtain the president's personal records "unless and until — at a minimum — the District Attorney is able to make the required showing of particularized need," the brief read.
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"Plaintiffs have only a generalized grievance and not the required particularized injury because global climate change affects everyone in the world," the attorneys told the San Francisco-based Court of Appeals for the 9th Circuit.
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"We are troubled by recent calls to provide expansive, taxpayer-backed industry bailouts that extend far beyond any concrete and particularized injury resulting from the coronavirus," the group said in a letter to congressional leadership.
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Pai also said in the letter that the FCC had no "particularized evidence" that simulator devices were being "unlawfully marketed or sold to foreign actors within the United States," but promised to investigate if any arose.
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Its language plainly echoes more particularized orthodox Lutheran observations about God and music that were laid out in Johann Gerhard's "School of Piety" (43), one of many books of practical theology listed in Bach's estate inventory.
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In a decision on Monday, U.S. District Judge Katherine Polk Failla said customers did not have standing to sue because they did not allege a "concrete and particularized injury," as required for federal jurisdiction over the case.
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Mr. Trump has never asserted any particularized reasons for preventing administration officials from cooperating with the impeachment investigation (beyond deeming it a "sham" and a "hoax" impeachment, which is not a legal argument but a political one).
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"Law enforcement officials have no practical need to keep their searches secret indefinitely, except in the rarest of circumstances, which must be supported by particularized need," read the brief filed Friday by former United States attorneys supporting Microsoft.
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"The court should be ordered to stay enforcement of the subpoena as to the President's personal records unless and until—at a minimum—the District Attorney is able to make the required showing of particularized need," DOJ wrote.
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The 113th U.S. Circuit Court of Appeals ruled 3-0 in favor of Thomas Robins, 15 months after the U.S. Supreme Court asked it to more closely assess whether he suffered the "concrete and particularized" injury needed to justify a lawsuit.
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The renaissances of Chris Kraus and Tracey Emin; the MacArthur "genius grant" for Maggie Nelson; the words "emotional labor" appearing in HuffPo: These are all evidence of our moment's interest in the way that lived experience is particularized by gender.
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U.S. District Judge Ketanji Brown Jackson said on Wednesday the plaintiffs led by the New England Anti-Vivisection Society had not shown they had suffered a concrete and particularized injury traceable to defendants' actions and that a federal court could redress.
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Harvard psychologist Jim Sidanius and the University of Connecticut's Felicia Pratto have developed a school of thought known as "social dominance theory," which holds that racism, sexism, homophobia, and the like are all particularized cases of a general inclination toward dominance and hierarchy.
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In order to sue in federal court, the Supreme Court has said it is not enough for you to show a mere interest in an issue, you must show your standing to sue by sufficiently articulating how you suffered a concrete and particularized injury.
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" As he sent the case back to a lower court in Wisconsin, Roberts said the plaintiffs must "prove concrete and particularized injuries using evidence -- unlike the bulk of the evidence presented thus far -- that would tend to demonstrate a burden on their individual votes.
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" We might also think of the longevity of what the Romanticist M.H. Abrams famously called the "greater Romantic lyric," whose "determinate speaker in a particularized […] setting […] achieves an insight, faces up to a tragic loss, comes to a moral decision, or resolves an emotional problem.
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"By criminalizing hazing as a mere third-degree misdemeanor carrying a maximum possible punishment of one year incarceration... and a $2,500 fine, it leaves no particularized ability for a prosecutor to pursue any semblance of justice for the victims of egregious cases," the report said.
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A warrant must "be predicated on a showing of probable cause, and be particularized as to the place to be searched and items to be seized," the state attorney general wrote in a 52-page brief with the Fourth District Court of Appeal of Florida.
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In the context of a Senate impeachment trial, the same constitutional logic should control — executive privilege will apply only if the president can assert particularized reasons for withholding specific information from the Senate, such as the need to protect military, diplomatic or sensitive national security secrets.
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In any event, if Congress, a special prosecutor, or a prosecutor can show a "particularized need" for the statements asserted to be privileged, such as a need for evidence to support a criminal prosecution, and also show that the need outweighs the executive's desire for secrecy, the privilege does not apply.
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It also is true that one question would seem to suggest Mueller has a particularized interest in the conduct of Paul ManafortPaul John ManafortTrial of ex-Obama White House counsel suddenly postponed Top Mueller probe prosecutor to join Georgetown Law as lecturer DOJ releases notes from official Bruce Ohr's Russia probe interviews MORE.
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"Small gestures, looks, ways of talking and moving or maintaining silence are particularized, while the larger actions that enclose them move in widening circles from opacity to enigma," the novelist Saul Maloff wrote in The New York Times Book Review of "Impossible Object" (1968), a family drama told in eight seemingly independent stories.
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"The Americans" (or "the communists" or "the Christians") are an easy group of people to file away as one sort of people, but it's when those ideas and commitments are particularized into humans — all of whom, as in one episode, might end up at a dinner table together — that the proverbial rubber meets the road.
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This same pattern of balancing of values can be seen throughout the Bill of Rights, as the rights of individual privacy give way to public security concerns in the face of particularized search warrants; life, liberty and property are protected from arbitrary or lawless intrusions; and the rights of victims and the accused are balanced through procedural protections.
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Jackson wrote in her ruling that the search warrant utilized by investigators working with Robert MuellerRobert (Bob) Swan MuellerMueller report fades from political conversation Trump calls for probe of Obama book deal Democrats express private disappointment with Mueller testimony MORE's special counsel investigation was "sufficiently particularized and not overbroad," as the warrant allows agents to collect any devices containing "records related to" charges faced by Manafort.
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But Bryan rejected Michaud's arguments and said the warrant particularized that it was intended for searching computers accessing the website, which authorities called "Website A." While the FBI may have anticipated tens of thousands of suspects, "that does not negate particularity, because it would be highly unlikely that Website A would be stumbled upon accidentally, given the nature of the Tor network," Bryan wrote.
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Most artists understand how thin the line between art and gossip can be when one deals with real-life figures in semi-fictional contexts, which is why most artists wait until those figures pass into what seems like "public domain" — ceasing to exist as particularized people we know from the news and assuming larger cultural proportions that turn them into characters we don't fully know.
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"ICE Chicago did not obtain a judicial warrant to arrest Plaintiff; has not provided a sworn, particularized statement of probable cause; has not promptly brought him before a detached and neutral judicial officer for a probable cause hearing; or has not brought him before a judge to understand the charges against him and receive important advisals regarding his due process rights, among other procedural protections," the complaint alleges.
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"When a new legal standard is articulated by the Supreme Court and there's a need to potentially retry the case, prosecutors make a very particularized assessment as to whether, No. 1, they can still convince a jury of the individual's guilt under the new standard, and, two, whether it's in the interests of justice," said Arlo Devlin-Brown, a former chief of the public corruption unit in the United States attorney's office in Manhattan.
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Conversational implicatures that arise only in specific contexts are called particularized, while those that are not or only slightly context dependent are generalized. Many of the examples above rely on some context, making them particularized implicatures: thus, "War is war" can refer to different properties of war, or things expected to happen during war, depending on the situation in which it is uttered. Prototypical examples of generalized implicatures are the scalar implicatures. Particularized implicatures are by far the more common kind.
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John broke his leg and he tripped over a doormat. ;Are there particularized and generalized implicatures? Carston observes that particularized and generalized conversational implicatures aren't separate categories; rather, there is a continuum from implicatures that are highly dependent on a specific situation which is unlikely to happen twice, to ones that occur very frequently. In her view, the distinction has no theoretical value since all implicatures are derived from the same principles.
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Developed by Erving Goffman,. dramaturgy (aka dramaturgical perspective) is a particularized paradigm of symbolic interactionism that interprets life to be a performance (i.e. a drama). As "actors," we have a status, i.e.
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Justice Powell discusses the administrative search exception to a particularized warrant and writes that he finds the roving patrols to fit in the doctrine. Like in Camara, roving patrols lack particularized suspicion but often have general suspicion that a particular route is used to transport individuals who are in the United States without authorization. Also like in Camara, this use of roving patrols is not to enforce the criminal law, but is administrative in nature—to apprehend and remove individuals present without authorization.
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There are three types of cultural capital known as Generalized Cultural Capital, Particularized Cultural Capital, and Reputational Capital. Generalized cultural capital is the individual's stock of symbols that are associated with group specific and can be used with strangers, somewhat the way money can. Particularized cultural capital refers to cultural items we have in common with specific people. Lastly, Reputational Capital is when somebody knows something about you, she or he is more likely to engage you in conversation than if you are a complete stranger.
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The Supreme Court held that the plaintiffs lacked standing to sue, as they had not suffered any particularized injury. The courts reasoning held that individual members of Congress were subject to strict limits on their ability to sue, particularly in a dispute between different branches of government.
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Even without a clear scale to determine how offensive a search may be, the Court dismissed the reasoning of the District Court that particularized suspicion was needed in the case of Arnold. The District Court-based this decision on previous cases that related to search of the human body, not of property.
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Terminology as found in the article; citizenship of the "three Arabs", Israeli or otherwise, is not particularized. A complete list of deceased victims may be found at Maxim restaurant suicide bombing. She was the sixth female suicide bomber of the Al-Aqsa Intifada and the second woman recruited by Islamic Jihad.Arnon Regular,Profile of the Haifa suicide bomber.
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Judge Fletcher dissented with the majority. She argued that the "sticking point" was not whether the government could transport property from the border to another location for inspection, but whether the government could seize property for inspection for an unknown amount of time with no reason to suspect the property contained contraband. > I would hold that officers must have some level of particularized suspicion > in order to conduct a seizure and search like the one at issue here, because > (1) seizing one's personal property deprives the individual of his valid > possessory interest in his property, and (2) authorizing a generalized > computer forensic search (untethered to any particularized suspicion) > permits the Government to engage in the type of generalized fishing > expeditions that the Fourth Amendment is designed to prevent.
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Dering issue writs for libel against Uris, his British publishers William Kimber & Co Ltd, and the printers. The printers settled the case before the trial for £500 and an apology. Uris and William Kimber admitted the words at issue were defamatory against Dr Dering, but pleaded that the words were true in substance and in fact, save for some particularized exceptions.
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The ACLU pointed out that parents were separated from their children without individual hearings and without particularized evidence of abuse, and that DNA testing was ordered without evidence that parentage was in dispute. Such actions, the ACLU asserts, "should not be indiscriminately targeted against a group as a whole – particularly when the group is perceived as being different or unusual".
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Departure from the traditional canon allowed the Amasis Painter greater freedom to explore particularized detail in his treatment of mythological subjects.Stewart, 36; Mertens, 176. The Amasis Painter was also a pioneer in his depiction of genre scenes of everyday life, such as the transport by cart of a newly married couple to the house of the groom, or the working of wool by a group of women.
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Soviet scientists reported that the Chernobyl Unit 4 reactor contained about 180–190 metric tons of uranium dioxide fuel and fission products. Estimates of the amount of this material that escaped range from 5 to 30%. Because of the intense heat of the fire, and with no containment building to stop it, part of the ejected fuel was vaporized or particularized and lofted high into the atmosphere, where it spread.
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The fresco then blends effortlessly into Peaceful Country. The transition is made by an entourage passing through the city gate and out to the countryside beyond city walls. The new scene shows a bird's-eye view of the Tuscan countryside, with villas, castles, plowed farmlands, and peasants and farmers leisurely going about their bucolic responsibilities. The landscape is particularized, and with characteristics that indicate a specific place and environment.
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EEOC, 493 U.S. at 198. The Court held that the University was not entitled to a common law evidentiary privilege protecting tenure review materials, and that the EEOC subpoena process did not infringe any First Amendment right enjoyed by the University. Arguments regarding particularized necessity of access were not addressed, nor were the EEOC's arguments regarding its Congressional mandate and the compelling state interest of eliminating employment discrimination.
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The Court rejected the argument that the neutral and especially reliable nature of the forensic chemical testing would exclude it from the confrontation requirement. This would have been a return to the reasoning of the overruled decision in Ohio v. Roberts.Ohio v. Roberts, 448 U.S. 56 (1980) Roberts had held that certain out of court testimony that had "particularized guarantees of trustworthiness" would not violate the Confrontation Clause.
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Caballes, . Police may also set up roadblocks and stop drivers without particularized reasonable suspicion that the stopped individual is engaged in criminal activity, so long as the plan for the stop is applied neutrally, for instance, driving while intoxicated - so long as all vehicles are stopped or every third vehicle is stopped, or some other reasonably neutral policy is applied for stopping vehicles.Michigan Department of State Police v. Sitz, .
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Having b would change the language from that of classical logic. Having t or f would allow the explosion again because : \lnot t \to X or f \to X would be tautologies. Note that b is not a fixed point of those constants since b ≠ t and b ≠ f. (2) This logic's ability to contain contradictions applies only to contradictions among particularized premises, not to contradictions among axiom schemas.
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" O'Brien's previous sentence of six years was upheld. The Supreme Court's conclusion was criticized by legal observers such as Dean Alfange Jr for its "astonishingly cavalier" treatment. Many saw in O'Brien's act a clear communicative element with the "intent to convey a particularized message", an intent to which the court did not give much weight. Instead, the court weighed as greater the government's interest "in assuring the continued availability of issued Selective Service certificates.
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Social cognitive theory suggests an interactionist perspective to morality. People do not operate as autonomous moral agents unaffected by the social realities in which they are embedded, and hence moral agency is socially situated. Moral agency is exercised in "particularized ways" depending on the conditions under which people's everyday life transactions are taking place. According to this view, moral actions are therefore the outcome of this reciprocal interplay of personal and social influences.
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At its passage, the Act was politically controversial, with many Democrats breaking with Clinton to oppose it. Of the opposition, six members of Congress, including Republican Mark Hatfield, sued to prevent use of the line-item veto. They were granted summary judgment by the U.S. District Court, but the Supreme Court held that the Congressmen lacked standing because they could not show any particularized harm, and dismissed their suit in Raines v. Byrd, 521 U.S. 811 (1997).
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'" For this to be so, the plaintiff must "have suffered an 'injury in fact' in the form of the 'invasion of a legally protected interest,' that is both 'concrete and particularized' and 'actual or imminent, not conjectural or hypothetical.'" They cited DaimlerChrysler Corp. v. Cuno, 126 S. Ct. 1854, 1862 (2006), saying that "Standing has been rejected in such cases because the alleged injury is not 'concrete and particularized,' but instead a grievance the taxpayer 'suffers in some indefinite way in common with people generally,' and because the injury is not 'actual or imminent,' but instead 'conjectural or hypothetical.'" On a similar note they cited Frothingham v. Mellon, 262 U.S. 447, 487 (1923) that "a federal taxpayer’s interest in the moneys of the treasury 'is shared with millions of others; is comparatively minute and indeterminable; and the effect upon future taxation, of any payment out of the funds, so remote, fluctuating and uncertain, that no basis is afforded for an appeal to the preventive powers of a court of equity.
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It was a broad one, "embracing in simplest statement… a few of those essential things which are the common inheritance of the children of God.": > "The Peniel Mission is an organization for Christian service and fellowship. > It will be required that those who seek to become members of the Peniel > Mission be sound in the faith on all the main points of Christian doctrine, > which may be particularized as follows: > "1. The Divine inspiration of the Scriptures, the Old and New Testaments.
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Because California officials had declined to defend the law, the federal court asked the state court to decide whether the backers of a challenged initiative had "a particularized interest in the initiative's validity or the authority to assert the State's interest in the initiative's validity" that would permit them to defend the law when state officials refuse to do so.Perry v. Schwarzenegger, 628 F.3d 1193 (9th Cir. 2011). The Ninth Circuit stayed the appeal pending a response from the California Supreme Court.
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"You feel as if you've added to their horizons, just as it adds to mine. It inspires me to think this course gives them a sense of adventure." She wrote three books on navigation techniques, all published by Cornell Maritime Press: Celestial Navigation (1969, revised 1982), Coastwise Navigation (1980), and Particularized Navigation: How to Prevent Navigational Emergencies (1973). She was also co-author of Basic Marine Navigation (1944, with Bart Bok) and The Large Magellanic Cloud (1967, with Paul W. Hodge).
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This belief has continued to current times. In 1960, for example, a machi sacrificed a young boy, throwing him into the water after an earthquake and a tsunami. The Mapuche have incorporated the remembered history of their long independence and resistance from 1540 (Spanish and then Chileans and Argentines), and of the treaty with the Chilean and Argentine government in the 1870s. Memories, stories, and beliefs, often very local and particularized, are a significant part of the Mapuche traditional culture.
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The Supreme Court held that the daughter's statement did not violate the Confrontation Clause. They reasoned that out-of-court statements can be admissible if they bear an adequate “indicia of reliability,” even if the declarant is not available to testify in court. They found that one could infer reliability in cases where the evidences falls “within a firmly rooted hearsay exception,” but even in other cases, if “particularized guarantees of trustworthiness” can be shown, the evidence would be admitted.
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Facebook also stated that Power Ventures' unauthorized use of the mark was likely to "confuse recipients and lead to the false impression that Facebook is affiliated with, endorses, or sponsors" Power Ventures. Power Ventures countered that Facebook was required to provide concise information in the Complaint with respect to the trademark infringement allegations, including information about each instance of such use. However, since particularized pleading is not required for trademark infringement claims, Facebook's allegations were sufficient to survive Power Ventures' motion to dismiss the trademark infringement claim.
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Secretary of State, 378 U.S. 500 and NAACP v. Alabama, 377 U. S. 288. Restrictions on the right to travel in times of peace should be so particularized that a First Amendment right is not precluded unless some clear countervailing national interest stands in the way of its assertion. Justice Goldberg, in a lengthy dissent, agreed with the Court that Congress had the constitutional power to impose area restrictions on travel, consistent with constitutional guarantees, but rejected the Court's holding that Congress had exercised this power.
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Steiner differentiates pure thinking into "moral intuition" (formulation of individual purposes), "moral imagination" (creative strategies for realizing these larger purposes in the concrete situation), and "moral technique" (the practical capacity to accomplish what was intended). He suggests that we only achieve free deeds when we find an ethically impelled but particularized response to the immediacy of a given situation. Such a response will always be radically individual; it cannot be predicted or prescribed.Robert McDermott, The Essential Steiner: Basic Writings of Rudolf Steiner, Harper & Row, 1984, , pp.
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Day (1982:45). Dharma, then, was originally conceived of as a "finite or particularized manifestation of Ṛta inasmuch as it represents that aspect of the universal Order which specifically concerns the mundane natural, religious, social and moral spheres as expressed in ritualistic regulations, public laws, moral principles and laws of nature".Day (1982:42–43). Though originally understood as a subordinate component of the essentially metaphysical concept of Ṛta, Dharma eventually grew to overshadow Ṛta in prominence in later Vedic and early Hindu literature.
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United States.. Reference was also made to a history of searches of closed containers such as a briefcases, purses, wallets, pockets, pictures, film, and other graphic material. These items are the equivalent of a closed container, and have traditionally been searched at the border without particularized suspicion. It is acknowledged that some limits have been made, specifically a traveler's alimentary canal. Such limitations are made when searching a person, not their objects in possession, in the interest of human dignity and privacy, which the Fourth Amendment protects.
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The Court addressed the argument that the search of Arnold's laptop was carried out in a particularly offensive manner, and was so destructive that it required particularized suspicion. The court acknowledged that there was no precedent to declare when a border search should be deemed unreasonable. The Supreme Court has left open the question of the circumstances that make a search particularly offensive, and thus unreasonable. However, the Court pointed out that Arnold never claimed that his laptop was damaged in any way during the government's search.
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Oliver Wendell Holmes Jr. cautioned that "the proper derivation of general principles in both common and constitutional law ... arise gradually, in the emergence of a consensus from a multitude of particularized prior decisions."Frederic R. Kellog, Law, Morals, and Justice Holmes, 69 Judicature 214 (1986). Justice Cardozo noted the "common law does not work from pre-established truths of universal and inflexible validity to conclusions derived from them deductively", but "[i]ts method is inductive, and it draws its generalizations from particulars".Benjamin N. Cardozo, The Nature of the Judicial Process 22–23 (1921).
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In some contexts, we want law to be principled and durable; in others, we want it to be particularized and flexible. For Kahn, these dialectical currents are the foundation of a political theology of law—a concept he borrows from Carl Schmitt. Kahn argues that "sacrifice" is a central category of legal meaning. It unites the figure of the soldier (who sacrifices for the nation) with the figure of the parent (who sacrifices for the child), and by doing so, it ties public meaning and private meaning together.
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The "substance of all the definitions of probable cause is a reasonable ground for belief of guilt," Brinegar v. United States, 338 U. S. 160, 175, and that belief must be particularized with respect to the person to be searched or seized, Ybarra v. Illinois, 444 U. S. 85, 91. To determine whether an officer had probable cause to make an arrest, a court must examine the events leading up to the arrest, and then decide "whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to" probable cause.
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The Claiborne County courthouse at which the march took place. In March 1966, black citizens of Port Gibson, Mississippi, and other areas of Claiborne County presented white elected officials with a list of particularized demands for racial equality and racial integration. After not receiving a satisfactory response, a local National Association for the Advancement of Colored People (NAACP) meeting at the First Baptist Church had several hundred blacks vote to place a boycott on white merchants in the area.The Supreme Court, race, and civil rights, By Abraham L. Davis, Barbara Luck Graham, p.
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In the border search context, reasonable suspicion means that the facts known to the customs officer at the time of the search, combined with the officer's reasonable inferences from those facts, provides the officer with a particularized and objective basis for suspecting that the search will reveal contraband.Montoya de Hernandez, 473 U.S. at 541. To form a basis for reasonable suspicion, a customs officer may rely on his training and prior experience, and may rely on entirely innocent factors, if the totality of the circumstances provide the officer with reasonable suspicion.
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To assert standing in a natural resource manner, environmental groups simply need to find among their membership a single person with a particularized interest (e.g., one who hikes, hunts, fishes, or camps in or near the affected area). Mineral King was ultimately never developed and was absorbed into Sequoia National Park. During the 95th United States Congress, Congressman John Hans Krebs attached a measure adding Mineral King to Sequoia National Park to a large omnibus “Park Barrel Bill”, which President Jimmy Carter then signed into law in 1978.
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This case is one of the earliest to establish when an agency rulemaking process must submit to adjudication. While administrative agencies have wide discretion within the rulemaking context, there are many instances in which adjudication is required. Where complaints are particularized and specific facts are at issue, adjudication is preferable since it is within a judge's expertise to resolve matters involving personal rights. Whereas, when there is a general grievance bearing on future policies, rulemaking is preferable because the expertise and familiarity of an agency within its field helps to inform them on such decisions.
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He continued: Thus, in this paragraph, Tusi described different types of learning, recognising observational learning as the most advanced form, and correctly attributing it to certain animals. Tusi seems to have perceived man as belonging to the animals, since he stated that "the Animal Soul [comprising the faculties of perception and movement ...] is restricted to individuals of the animal species", and that, by possessing a "Human Soul, [...] mankind is distinguished and particularized among other animals."Nasir ad-Din Tusi (1964) The Nasirean Ethics (translator: G.M. Wickens). London: Allen & Unwin, p.
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Massachusetts v. Mellon, 262 U.S. 447 (1923), was a United States Supreme Court case in which the Court rejected the concept of taxpayer standing.. The case was consolidated with Frothingham v. Mellon. The plaintiffs in the cases, Frothingham and Massachusetts, sought to prevent certain federal government expenditures which they considered to violate the Tenth Amendment. The court rejected the suits on the basis that neither plaintiff suffered particularized harm, writing: > We have no power per se to review and annul acts of Congress on the ground > that they are unconstitutional.
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To state a claim for copyright infringement, a plaintiff need only allege # Ownership of a valid copyright and # Copying of original elements of the work. The First Amended Complaint ("FAC") alleged that Power Ventures accessed Facebook's website and made unauthorized "cache" copies of it or created derivative works derived from the Facebook website. However, Power Ventures contended that Facebook's copyright allegations are deficient because it is unclear which portions of Facebook's website are alleged to have been copied. Facebook argued that it need not define the exact contours of the protected material because copyright claims do not require particularized allegations.
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Another report is that Jackson attended the City College of New York for a period, which is particularized as two years in the liner notes to J.J. Jackson. The unsourced reference to Jackson's birthplace being Gillett, Arkansas comes from a series of Wikipedia entries made by a Wikipedia contributor on May 16, 2012, solely referenced to J.J. Jackson, and where no further Wikipedia contributions were made by this user. known as J.J. Jackson, is an American soul/R&B; singer, songwriter, and arranger.Rick Simmons, Carolina Beach Music: The Classic Years (The History Press, 2011), p. 92.
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However, many of these practitioners actually focus on the importance of sustaining and creating new social relationships, with material relations being secondary. Since the late twentieth century, alternative theories have arisen. For example, some scholars, such as Kaplan and Lindstrom, focus on Europeans' characterization of these movements as a fascination with manufactured goods and what such a focus says about Western commodity fetishism. Others point to the need to see each movement as reflecting a particularized historical context, even eschewing the term "cargo cult" for them unless there is an attempt to elicit an exchange relationship from Europeans.
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Hope, and more specifically, particularized hope, has been shown to be an important part of the recovery process from illness; it has strong psychological benefits for patients, helping them to cope more effectively with their disease. For example, hope motivates people to pursue healthy behaviors for recovery, such as eating fruits and vegetables, quitting smoking, and engaging in regular physical activity. This not only helps to enhance people's recovery from illnesses, but also helps prevent illness from developing in the first place. Patients who maintain high levels of hope have an improved prognosis for life- threatening illness and an enhanced quality of life.
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Erythocyte deformability is a measurable property, and various means for its measurement have been explored - with each having results and significance being highly particularized to the given approach employed. Accordingly, the term is somewhat loose in the sense that a given cell or sample of cells may be deemed significantly more "deformable" by one means/metric relative to another means/metric. Thus for meaningful "apples-to-apples" comparisons involving cell deformability, it is important to utilize the same qualitative approach. Ektacytometry based on laser diffraction analysis is a commonly preferred (and a fairly direct) method for measuring deformability.
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Static Control Components, where Justice Scalia adopted a multi-step approach: #Under Article III, the plaintiff must have suffered or be imminently threatened with a concrete and particularized "injury in fact" that is fairly traceable to the challenged action of the defendant and likely to be redressed by a favorable judicial decision.Lujan v. Defenders of Wildlife, , at 560 #AGC requires the ascertainment, as a matter of statutory interpretation, of the "scope of the private remedy created by" Congress, and the "class of persons who [could] maintain a private damages action under" a legislatively conferred cause of action.Associated Gen.
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Image of the Virginia House of Delegates Chamber in 2017 In order for to file for appeal, the litigant must have judicial standing. In other words, this means that the litigant must show a "concrete and particularized injury, that is fairly traceable to the challenged conduct and is likely to be redressed by a favorable decision." Because the Virginia House of Delegates served as an intervenor, it must file for appeal on its own standing. However, the court decided that the House of Delegates did not demonstrate standing on its own and thus cannot challenge the result of the case in court.
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The company adapted an e-commerce model in 2000. Previously, the company founders had been designing seating products for public lobbies in the healthcare and educational markets. In 2004, The Cincinnati Post reported that “the company has constructed other furniture for four generation and some designs were used on the sets of TV shows “ER” and “Touched by an Angel”.Joyce Rosencrans, The Cincinnati Post, October 30, 2004 In 2000, new product lines were created that were capable of being shipped in flat-packed containers, small enough to be handled by particularized parcel package services such as UPS or Fed-Ex ground.
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It was immediately challenged in the United States District Court for the District of Columbia by a group of six senators, first among whom was Senator Robert Byrd (D-WV), where it was declared unconstitutional by District Judge Harry Jackson, a Reagan appointee, on April 10, 1997. The case was subsequently remanded by the Supreme Court of the United States with instructions to dismiss on the grounds that the senators had not suffered sufficient, particularized injury to maintain suit under Article III of the United States Constitution (i.e., the senators lacked standing). The case, Raines v.
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Robin, Christian Julien, "Arabia and Ethiopia", in However, there is also evidence that Allah and Hubal were two distinct deities. According to that hypothesis, the Kaaba was first consecrated to a supreme deity named Allah and then hosted the pantheon of Quraysh after their conquest of Mecca, about a century before the time of Muhammad. Some inscriptions seem to indicate the use of Allah as a name of a polytheist deity centuries earlier, but we know nothing precise about this use. Some scholars have suggested that Allah may have represented a remote creator god who was gradually eclipsed by more particularized local deities.
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A musical scale is a series of pitches in a distinct order. The concept of "mode" in Western music theory has three successive stages: in Gregorian chant theory, in Renaissance polyphonic theory, and in tonal harmonic music of the common practice period. In all three contexts, "mode" incorporates the idea of the diatonic scale, but differs from it by also involving an element of melody type. This concerns particular repertories of short musical figures or groups of tones within a certain scale so that, depending on the point of view, mode takes on the meaning of either a "particularized scale" or a "generalized tune".
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In a 5–4 opinion authored by Chief Justice John G. Roberts. Jr., which Justices Antonin Scalia, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan joined, the Court concluded: > For there to be ... a case or controversy [under Article III of the > Constitution], it is not enough that the party invoking the power of the > court have a keen interest in the issue. That party must also have > "standing," which requires, among other things, that it have suffered a > concrete and particularized injury. Because we find that petitioners do not > have standing, we have no authority to decide this case on the merits, and > neither did the Ninth Circuit.
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It was dedicated to "young women", presumably those who might follow in Madame Vincent's footsteps. The subjects of the watercolors included common flowers like tulips, pinks, narcissus, hyacinths, carnations, and anemones; the fruits depicted included grapes, cherries, plums, and strawberries. The finely detailed, naturalistic images typically show clusters of flowers and fruits with their leaves against a plain background and may be further particularized by such details as water droplets, a ladybug sitting on a leaf, or butterflies flitting nearby. Although not notable for scientific exactitude, Vincent's paintings continue to be appreciated as masterpieces of delicacy and beauty from the heyday of the florilegium.
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The Summary was a substantial reproduction of Woes, particularized as general similarity of the plot characterization and incidents in the two works and upon the similarity or identity of the words and phrases. The main issue that fell for decision was whether Gateway merely summarized the plot of Woes or, whether in doing so, it plagiarized the literary presentation in Woes. Obviously the plaintiff did not establish the alleged similarity or identity of the words and phrases” because there was none. The grievance of general similarity of the plot characterization and incidents in the two works” also overlooked the position that there is no copyright in ideas.Par.
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Kerr also noted the recent case of Naperville Smart Meter Awareness v. City of Naperville, 900 F.3d 521 (7th Cir. 2018), in which the United States Court of Appeals for the Seventh Circuit upheld the constitutionality of the City of Naperville's practice of collecting information regarding the City's residents' energy consumption in part because the city did not actually enter the homes in order to do so, as an example of a case in which the court decided to "allow low-level searches as reasonable based on a balancing of interests without particularized suspicion" that seemed to pull in the opposite direction of Taylor v.
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There are three standing requirements: # Injury-in-fact: The plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent (that is, neither conjectural nor hypothetical; not abstract). The injury can be either economic, non-economic, or both. # Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.For example, Massachusetts v.
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The Court rejected "the view that an apparently limitless variety of conduct can be labeled 'speech' whenever the person engaging in the conduct intends thereby to express an idea," but acknowledged that conduct may be "sufficiently imbued with elements of communication to fall within the scope of the First and Fourteenth Amendments."Johnson, 491 U.S. at 404 (citing ). In deciding whether particular conduct possesses sufficient communicative elements to bring the First Amendment into play, the court asked whether "an intent to convey a particularized message was present, and [whether] the likelihood was great that the message would be understood by those who viewed it."Johnson, 491 U.S. at 404.
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Morgan had used this style when she worked on Hearst's Los Angeles Herald Examiner headquarters in 1915. Hearst appreciated the Spanish Revival but was dissatisfied with the crudeness of the colonial structures in California. Mexican colonial architecture had more sophistication, but he objected to its abundance of ornamentation. Thomas Aidala, in his 1984 study of the castle, notes the Churrigueresque influence on the design of the main block, "flat and unembellished exterior surfaces; decorative urges are particularized and isolated, focused mainly on doorways, windows (and) towers". The Panama-California Exposition of 1915 in San Diego held the closest approximations in California to the approach Hearst desired.
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Justice Scalia wrote a dissenting opinion asserting that the fact the statute differentiated between 'any person' (in defining the class of persons who could file a complaint with the FEC over a violation) and 'any party aggrieved' (in defining the class of persons who could bring suit in federal court over the FEC's decision on the complaint) demonstrated the limiting force of the latter provision--anyone could file a complaint with the FEC if they believed a violation had occurred, but only parties who had actually been aggrieved (suffered a particularized injury) as a result of the FEC's decision on the complaint could sue.
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In contradistinction to both Herbert Spencer and Edward Burnett Tylor, who defended theories of animistic origins of ancestor worship, Émile Durkheim saw its origin in totemism. In reality this distinction is somewhat academic, since totemism may be regarded as particularized manifestation of animism, and something of a synthesis of the two positions was attempted by Sigmund Freud. In Freud's Totem and Taboo, both totem and taboo are outward expressions or manifestations of the same psychological tendency, a concept which is complementary to, or which rather reconciles, the apparent conflict. Freud preferred to emphasize the psychoanalytic implications of the reification of metaphysical forces, but with particular emphasis on its familial nature.
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In Cohen, the Supreme Court of the United States, by a 5–4 vote in an opinion written by Justice Harlan, held that a state cannot criminalize speech absent a "particularized and compelling reason." The Court struck down the conviction of a 19-year-old man who had walked into the Los Angeles courthouse with a jacket reading "Fuck the Draft." Cohen became one of the leading cases interpreting the First Amendment to the United States Constitution protection of freedom of speech. Melville Nimmer is the father of David Nimmer, himself a legal academic, who has made some revisions to the original version of Nimmer on Copyright.
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Clapper v. Amnesty International, Article III standing law is built on separation-of-powers principles. Its purpose is to prevent the judicial process from being used to usurp the powers of the legislative and executive branch of the U.S. federal government.Clapper v. Amnesty International, , “The law of Article III standing, which is built on separation-of-powers principles, serves to prevent the judicial process from being used to usurp the powers of the political branches.” Article III standing requires an injury that is “concrete, particularized and actual or imminent; fairly traceable to the challenged action and redressable by a favorable ruling.”Monsanto Co. v. Geertson Seed Farms, 561 U. S. ___, ___ (2010) (slip op.
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On May 16, 2016, the Supreme Court delivered judgment in favor of Spokeo, vacating and remanding by a vote of 6-2. Justice Samuel Alito, joined by Chief Justice John Roberts, as well as Justices Anthony Kennedy, Clarence Thomas, Stephen Breyer, and Elena Kagan, wrote that the circuit below had failed to establish that Robins had standing to file the lawsuit under Article Three of the United States Constitution. The Court first explained that the Constitution's Case or Controversy Clause requires any plaintiff to allege an injury-in-fact that is "concrete and particularized". While the Ninth Circuit identified particular harms to Robins, it erred, according to the Court, by not also determining that those harms were "concrete".
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In October 2005, Times reporter Judith Miller was released from prison after 85 days, when she agreed to testify to special prosecutor Patrick Fitzgerald’s grand jury after receiving a personal waiver, both on the phone and in writing, of her earlier confidential source agreement with Lewis "Scooter" Libby. No other reporter whose testimony had been sought in the case had received such a direct and particularized release. Her incarceration has helped fuel an effort in Congress to enact a federal shield law, comparable to the state shield laws which protect reporters in 31 of the 50 states. After her second appearance before the grand jury, Miller was released from her contempt of court finding.
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If the tribunal determines that the preponderance of the evidence is insufficient to support a continued designation as "enemy combatant" and its recommendation is approved through the chain of command established for that purpose, the detainee will be informed of that decision upon finalization of transportation arrangements (or earlier, if the task force commander deems it appropriate). The rules do not give a timetable for informing detainees in the event that the tribunal has decided to retain their enemy combatant designations. Article 5 creates a particularized limited process, intended to sort individuals when any doubt exists as to their status. The sole question for determination is whether the captive meets the definition of POW in Article 4 of the Prisoner of War Convention.
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In stark contrast with this gallery of conventionalized characters are three extremely lifelike heads, which we can undoubtedly identify as the three portraits identified by Vasari: the soldier who shoulders his musket at the left side of the composition; the man helping Christ to bear the cross in the middle; and the stubbly gray-haired man, wearing a broad-brimmed rustic hat, entering the scene from the far right. All three have extremely particularized features, leaving little room for doubt that they were drawn from life. Vasari singles out the likeness of Nunziata for particular praise, calling it ‘una testa vivissima’. But, even positing that Vasari was correct in identifying the three individuals as Poggini, Scheggia, and Nunziata, there is no sure way to match the three painters with their individual likenesses.
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With this "slanguage", he approaches topics including racism, the environment, technology and religion often from unexpected angles. Outspeaks also includes Saijo's recollections of his road trip with Kerouac and Welch, and is grounded in the 1960s: Saijo writes "I CONSIDER MYSELF A CHILD OF THE '60S--IT WAS WHEN I BECAME A REBORN HUMAN". In her review of Outspeaks in the alternative literary journal Tinfish, Juliana Spahr described Saijo as "a new [William] Blake". Rob Wilson identified Outspeaks as one example of poetry from the area surrounding the Pacific Ocean bearing the markers of two types of postmodernism: "writerly experimentation and textual play ... as well as the concerns of belonging to and expressing a distinct, particularized and limited model of identity, affiliated voice, sentiments of nationhood, and (post)colonial heritage".
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In his will of 4 November, Markaunt bequeathed seventy-five books—consisting mainly of standard university textbooks, classical texts, and commentaries—to Corpus Christi college. These books were neatly catalogued - numbered, priced, particularized, and recorded with an incipit - in a register found in one quire of a parchment manuscript of Corpus Christi (call number: CCCC MS 323). This manuscript also contains Markaunt's will, and an exhaustive borrowing register of the books, in six quires. Markaunt had obviously been a keen and wealthy bibliophile, as the total value of these books amounted to £104 12s 3d (in 2017 GPB, worth approximately £67,266)Calculated from 1440 to 2017 currency using: with the most expensive volume, an anthology of Aristotle and his commentators entitled Liber moralis philosophie or Moralia magna, valued at £10.
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Windsor, accepting the DOJ's petition. In addition to the question presented by the DOJ - "Whether Section 3 of DOMA violates the Fifth Amendment's guarantee of equal protection" for same sex partners - the court also asked the parties to brief and argue two other questions: whether the government's agreement with the Second Circuit's decision deprived the court of a "real dispute" and therefore of jurisdiction to hear the case, and whether BLAG had standing in its own right, i.e., the legal right to independently ask for the appeal to be heard in the event that the government was not a valid petitioner. Article III of the Constitution (the "Case or Controversy clause") forbids parties that do not themselves have a real and personal ("particularized") complaint from filing a case or appeal in a federal court.
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To address the question whether the initiative proponents had particularized standing (that is, standing either via personal interest, or standing to represent the State's interest), the Ninth Circuit certified a question to the California Supreme Court on January 4, 2011, asking that court to rule whether, under the California Constitution or otherwise under California law, non-governmental proponents of an initiative have standing to appeal when the State is no longer willing to defend it. On February 16, 2011, the California Supreme Court unanimously agreed to address the Ninth Circuit's request. The court set an expedited schedule for the hearing and heard oral arguments on September 6, 2011. On November 17, 2011, the California Supreme Court issued an advisory opinion that the proponents of Proposition 8 did have standing, and could defend it.
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In this appeal, CW reiterated their previous arguments, that the work done was too similar to earlier research on mouse embryonic cells and applying it to human cells was an obvious next step to anyone skilled in the field. Furthermore, they referenced the June 2013 U.S. Supreme Court ruling in Association for Molecular Pathology v. Myriad Genetics that determined human genes can’t be patented because they are a “product of nature.” CW argued that hESC culture falls within this “product of nature” clause. On January 17, 2014, the USPTO responded to a request by the Federal Circuit panel concerning CW’s standing in this case. The USPTO argued that CW had no actual standing to appeal the USPTO’s decision to uphold the patent as CW lacks any “concrete or particularized interest” in the issue at hand and failed to show any “injury or harm” to justify an appeal.
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Perry v. Schwarzenegger, Order (9th Cir. Aug. 16, 2010) The appeal was heard before a three-judge panel: Circuit Judges Stephen Reinhardt, Michael Daly Hawkins, and N. Randy Smith. The panel heard oral argument on December 6, 2010, and was broadcast on television and the Internet, becoming the most watched appellate court proceeding in American history. On January 4, 2011, the panel issued an order certifying the following question to the Supreme Court of California: > Whether under Article II, Section 8 of the California Constitution, or > otherwise under California law, the official proponents of an initiative > measure possess either a particularized interest in the initiative's > validity or the authority to assert the State's interest in the initiative's > validity, which would enable them to defend the constitutionality of the > initiative upon its adoption or appeal a judgment invalidating the > initiative, when the public officials charged with that duty refuse to do > so.Perry v. Schwarzenegger, 628 F.3d 1191, 1193 (Certification Order at 2) > (9th Cir. Jan.
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The question presented was whether a university enjoys a special privilege, grounded either in the common law or the First Amendment, against disclosure of peer review materials that are relevant to charge or racial or sexual discrimination in tenure decisions. The University argued for recognition of a common law privilege against disclosure of confidential peer review materials, and for a First Amendment right of academic freedom against disclosure of the documents. In either case, the University sought a requirement of judicial finding of particularized necessity of access, beyond showing of mere relevance, before peer review materials could be disclosed to the EEOC. The EEOC argued that it possesses a broad Congressional mandate to investigate and remedy employment discrimination on the basis of race, color, religion, sex, or national origin, and that any infringement of the University's First Amendment rights is permissible because of the substantial relation between the EEOC's request and the overriding and compelling state interest in eradicating invidious discrimination.
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Section 601 requires the Attorney General to expand an annual report to Congress regarding tangible thing applications to include a summary of compliance reviews and the total number of: (1) applications made for the daily production of call detail records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism; and (2) orders approving such requests. Directs the Attorney General to report to Congress annually regarding tangible things applications and orders in which the specific selection term does not specifically identify an individual, account, or personal device. Requires the report to indicate whether the court approving such orders has directed additional, particularized minimization procedures beyond those adopted by the Attorney General. Section 602 Directs the Administrative Office of the U.S. Courts to submit annually to Congress the number of: (1) FISA applications submitted and orders granted, modified, or denied under specified FISA authorities; and (2) appointments of an individual to serve as amicus curiae for FISA courts, including the name of each appointed individual, as well as any findings that such an appointment is not appropriate.
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