Instead, the Roth test for obscenity was " whether to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest.

Instead of confining reason to a string of verifiable axioms, Vico suggests ( along with the ancients ) that appeals to phronêsis or practical wisdom must also be made, as do appeals to the various components of persuasion that comprise rhetoric.

Instead, appeals are heard by another chamber of the clerical court.

Instead, the Abomination appeals to Blonsky's obsession with Mission Directive, saying it will be the only way for him to get his revenge.

Instead of just establishing it as a military prison, he provided for a civil administration, with courts of law.

Instead, the Government of India exercised its right of parens patriae to appropriate all the claims of the victims and proceeded to litigate on their behalf, first in the New York courts and later, in the Indian courts.

Instead, the plaintiffs extended their argument on the copyright clause to note that the clause requires Congress to " promote the Progress of Science and useful Arts ," and argued that retroactive extensions do not directly serve this purpose in the standard quid pro quo previously required by the courts.

Instead, the French legal system subscribes to the legal doctrine of jurisprudence constante according to which courts should follow a series of decisions that are in accord with each other and judges should rule on their own interpretation of the law.

Instead, courts presumed that, absent extreme hardship or unusual circumstances, each party had voluntarily agreed to perform their respective duties under the terms of the contract, and that the state merely served as the neutral enforcer of the parties ’ pre-existing voluntary agreement.

Instead, even though the President could not directly fire the independent counsel, the person holding that office was still an Executive branch officer, not under the control of either U. S. Congress or the courts.

Instead of securing an alliance, the visit provoked a hostility between the two courts which quickly led to war.

Instead it has suggested that the first inhabitants were the Suebi, whose kings ( as reported by Tutor and Malo in their Compedio historial de las dos Numancias ) established one of their courts in Soria.

Instead, Wight and the other leaders were tried in the civil courts.

Instead of cutting costs or increasing productivity, Irish farmers increasingly turned to the Irish land courts to cut their rents and jack up their dwindling incomes.

Instead, it reinterpreted the Act so federal district courts hearing cases in diversity jurisdiction had to apply the entire law, both statutory and judge-made, of the states in which they sit.

Instead, the Supreme Court permitted the federal courts to make their own common law based on general principles of law.

However, English common law principles of treasure trove were not applied in the U. S. Instead, courts applied rules relating to the finding of lost and ownerless items.

Instead the courts have long recognized the privilege has a firm foundation in the Constitution as was noted in United States v. Nixon where the Supreme Court noted the claim of privilege " relates to the effective discharge of the President's powers, it is constitutionally based.

Instead, these courts have held that zoning and eminent domain are two completely different and unrelated concepts.

Instead, students live in houses which are grouped together to form courts.

Instead, the Court only addressed the issue of remedy, holding that invalidating a statute in its entirety " is not always necessary or justified, for lower courts may be able to render narrower declaratory and injunctive relief.

Instead of creating a special court, Smith suggested that existing local courts could instead determine the validity of land claims.

Instead of submitting their work to the challenges of a peer review, revisionists rewrite history to support an agenda, and often use logical fallacies to obtain the desired results.

Instead of the anticipated negative review of a rock-n-roll group, Taylor gave their act the highest praises.

Instead of submitting their work to the challenges of peer review, illegitimate revisionists rewrite history to support an agenda, often political, using any number of techniques and logical fallacies to obtain their results.

Instead, a Royal Commission was set up to review English local government entirely, and its report ( known as the Redcliffe-Maud Report ) proposed a much wider Merseyside metropolitan area covering southwest Lancashire and northwest Cheshire, extending as far south as Chester and as far north as the River Ribble.

Instead, constitutional review lay in the Constitutional Council, which can strike down any law that it deems unconstitutional.

Instead of waiting for an appeal in the Second Circuit Court of Appeals, Windsor's attorneys have petitioned the U. S. Supreme Court to review her case.

Instead, ASEAN national authorities must rely on the review and analysis of other ASEAN national authorities to determine if AFTA measures such as rule of origin are being followed.

Instead it repeated the text which appeared on the jacket of The Mysterious Affair at Styles ( the back jacket flap carrying review quotes of the earlier novel ).

Instead they requested a tape of the program with Noyes alone for review by the group's lawyer.

Instead of the usual review article for World War II Online, he posted a long, profane and amusing chatlog of him testing the game offline, in which he proclaimed, " I WILL TAXI TO VICTORY!

Instead, following a lengthy review of options, a new project, called the Digitisation and Indexing ( D & I ) Project, was initiated.

Instead of elevating women to suspect classification by reviewing the law under a very restrictive standard known as strict scrutiny, the court subjected the Idaho statute using rational basis review.

Instead, they rely on the developer of the work that has been cloned to initiate a complaint regarding the clone, which may take time for review.

Instead, a professional ensemble will typically review passages which pose challenges for the ensemble from the point of view of rhythmic or harmonic coordination.

Instead, the important criterion is that the information must be relevant for decisions that managers operating in a particular environment of business including strategy make.

" Instead of implementing Barry's proposals, the newly Republican Congress ( who had come to power on promises of decreasing federal spending ) placed several city operations into receivership and created the District of Columbia Financial Control Board to assume complete authority over the city's day-to-day spending and finances, including overrule of the mayor's fiscal decisions.

Instead, while they seem to invigorate their hosts ' physical statistics and their perception, they slowly devour and take over their hosts, initially affecting their decisions and then controlling them, while allowing them to travel and contaminate others.

Instead, military decisions were more and more made by the States-General ( with its preponderant influence of the Holland delegation ), thereby usurping important executive functions from the Council.

Instead many people base their decisions on what people around them do and use simple heuristics, like an equality rule, to decide whether or not to cooperate.

Instead you must understand some of the decisions that were made about this game data before it was incorporated into the game.

Instead, the regional juries had to make their decisions based on audio tapes of the songs.

Instead, Cashman agreed to a new contract with the Yankees following the conclusion of the 2005 season which gave him more authority in personnel decisions and paid him an average of $ 1. 3 million more over the following three years.

Instead they are making decisions based on their political, legal, and personal beliefs as it relates to the law.

" Instead, they are like everyday people who make everyday decisions.

Instead of having an exact view of the stats each wrestler has along with changes, a more realistic grade feature was instead added to make the user rely on instinct for crucial decisions.

Instead of rebuilding the city as it was before, they made two strategic decisions: that all new buildings must be of stone or brick, insurance against a similar disaster in the future ; and to regrade the streets one to two stories higher than the original street grade.

Instead, he states that the undisputed power of the President is what ultimately leads to the foreign policy decisions Are Bureaucracies Important?

Instead, a team of up to 9 members share the responsibilities and make joint decisions.