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case and upheld
* 1818 – The case of Ashford v Thornton ends, with Abraham Thornton allowed to go free rather than face a retrial for murder, after his demand for trial by battle is upheld.
In the United States, public school teacher unions, most notably the National Education Association ( the largest labor union in the USA ), argue against the idea of school vouchers for concern that it would erode educational standards and reduce funding, and that giving money to parents who choose to send their child to a religious or other school is unconstitutional ; however, the latter issue has been struck down by the Supreme Court case Zelman v. Simmons-Harris, which upheld Ohio's voucher plan in a 5-4 ruling.
The U. S. Supreme Court upheld the 8th Circuit Court's decision by declining to hear the case in June 2008.
In a famous Canadian Charter of Rights case, " Sandra Bell vs. City of Toronto ", 1997, the right to cultivate all native species, even most varieties deemed noxious or allergenic, was upheld as part of the right of free expression.
Some U. S. states have begun to ban the use of the insanity defense, and in 1994 the Supreme Court denied a petition of certiorari seeking review of a Montana Supreme Court case that upheld Montana's abolition of the defense.
Mullis took Cetus ' side in the case, and Khorana refused to testify for DuPont ; the jury upheld Mullis's patent in 1991.
Though the Court upheld a law prohibiting the forgery, mutilation, or destruction of draft cards in United States v. O ' Brien,, fearing that burning draft cards would interfere with the " smooth and efficient functioning " of the draft system, the next year, the court handed down its decision in Brandenburg v. Ohio,, expressly overruling Whitney v. California, ( a case in which a woman was imprisoned for aiding the Communist Party ).
The first U. S. Supreme Court case to uphold the ban against involuntary servitude was Bailey v. Alabama ( 1911 ).</ p >< p > Requiring specific performance as a remedy for breach of personal services contracts has regarded as a form of involuntary servitude by some scholars and courts, though other jurisdictions and scholars have rejected this argument ; it is a popular rule in academia and many local jurisdictions, but has never been upheld by higher courts .</ p >
In the first case, the court upheld the Law School admissions policy, while in the second it ruled against the university's undergraduate admissions policy.
This case was ruled without merit in 2002, a decision that was upheld on appeal.
Thus the two justices would have adjudicated the case and upheld the lower court opinion striking down the ban on corporate and union spending.
In both Abbott Laboratories and its first companion case, Toilet Goods Association v. Gardner,, the Court upheld pre-enforcement review of an administrative regulation.
The case was overturned on appeal to the Tenth Circuit and that decision was upheld by the US Supreme Court on January 18, 2012.
One well-known case which upheld such a disclaimer is Mortenson v. Timberline.
A Supreme Court case decision, In re Debs, later upheld the right of the federal government to issue the injunction.
Justice Oliver Wendell Holmes, Jr. stated in his opinion that little attention was needed since Debs ' case was essentially the same as that of Schenck v. United States, in which the Court had upheld a similar conviction.
In March 1937, Associate Justice Owen Roberts, who had previously sided with the court's four conservative justices, shocked the American public by siding with Hughes and the court's three liberal justices in striking down the court's previous decision in the 1923 case Adkins v. Children's Hospital, which held that minimum wage laws where a violation of the Fifth Amendment's due process clause and were thus unconstitutional, and upheld the constitutionality of Washington state's minimum wage law in West Coast Hotel Co. v. Parrish.
The constitutionality of zoning ordinances was upheld by the U. S. Supreme Court in the 1926 case Village of Euclid, Ohio v. Ambler Realty Co ..
On March 11, 2010, the United States Court of Appeals for the Ninth Circuit upheld the words " under God " in the Pledge of Allegiance in the case of Newdow v. Rio Linda Union School District.
The case led to the first police raid in the United States on an animal laboratory, triggered an amendment in 1985 to the United States Animal Welfare Act, and became the first animal-testing case to be appealed to the United States Supreme Court, which upheld a Louisiana State Court ruling that denied PETA's request for custody of the monkeys.
However in March 2009, the UK Competition Commission ruled that BAA must sell Stansted within two years, a decision quashed within a year, but later upheld .. On 20 August 2012, after losing a case at the Court of Appeal, BAA announced they would sell Stansted.
Similarly, when the outlawed Batasuna tried to use Acción Nacionalista Vasca as a proxy to re-organize its ranks, in a different case the ECHR also upheld in 2011 the previous Spanish court rulings which had outlawed ANV, noting that this party had not run by itself in elections since 1977 and that it basically conformed a " fraud " to circumvent the outlawing of Batasuna.
In the 1980 case of Diamond v. Chakrabarty, the Supreme Court upheld a patent on a bacterium that had been genetically modified to consume petroleum, reasoning that U. S. law permits patents on " anything under the sun that is made by man.
The case went as far as the New Jersey Supreme Court which upheld lower court rulings in favor of James.

case and validity
This meaning survived into the early nineteenth century: during a case heard in London in 1824 regarding the legal validity of a marriage ceremony consisting of nothing more than the groom placing a ring on the bride's finger before witnesses, a court official commented that the ceremony " amounted to nothing more than a broomstick marriage, which the parties had it in their power to dissolve at will.
A second school is labeled inclusive legal positivism, a major proponent of which is Wil Waluchow, and it is associated with the view that moral considerations may determine the legal validity of a norm, but that it is not necessary that this is the case.
The process may involve causal relationships between intermediate events, but in any case the slippery slope schema depends for its soundness on the validity of some analogue for the physical principle of momentum.
However, this source goes on to make the case for the validity of LGBT orientations even within traditional Wicca, suggesting that gay men and lesbians are likely to be particularly alive to the interplay of the masculine and feminine principles in the Universe.
In this case, at least some use of the system will be blocked if a user cannot reach the verification service ( i. e. one of the systems that can establish the current validity of another user's key ).
Typically the hearing on the guilty plea is transcribed by a court reporter and the transcript is made a part of the permanent record of the case in order to preserve the conviction's validity from being challenged at some future time.
A second school is labeled inclusive legal positivism, and it is associated with the view that moral considerations may determine the legal validity of a norm, but that it is not necessary that this is the case.
On his return she presented him with the parochial benefice of Bradwell, in Essex, and he remained to the last a staunch supporter of the unfortunate queen in the case of the validity of her marriage with Henry VIII.
The central test case over the validity of these theories would be the possibility of a liquidity trap, like that experienced by Japan.
Arguments about the case and the validity of the verdict took center stage in broader debates about the Cold War, McCarthyism, and the extent of Soviet espionage in the United States .< ref >
Any player may challenge the validity of a word, in which case a previously nominated dictionary is used to verify or refute it.
Although the Treaty ’ s status was not a major part of the case, Prendergast ’ s judgment on the Treaty ’ s validity was considered definitive for many decades.
This refers to a process through which the defendant would refer a case over the validity of his title to land to a judge instead of a jury, through claiming a ( false ) allegation about this right.
The validity of this case, as basis for denying prisoners in the War on Terrorism protection by the Geneva Conventions, has been disputed.
Brushaber v. Union Pacific Railroad, 240 U. S. 1 ( 1916 ), was a landmark United States Supreme Court case in which the Court upheld the validity of a tax statute called the Revenue Act of 1913, also known as the Tariff Act, Ch.
" However, by definition, the validity of Newton's law of cooling requires that the rate of heat loss from convection be a linear function of (" proportional to ") the temperature difference that drives heat transfer, and in convective cooling this is sometimes not the case.
In that case, their period of validity may stretch over several centuries or even millennia on either side of the stated epoch.
" In re Baby M " was a custody case that became the first American court ruling on the validity of surrogacy.
Pointing to the Palestinian constitution, Hamas disputes the validity of this move, and considers Abbas ' term to have ended, in which case Abdel Aziz Duwaik, Speaker of the Palestinian Legislative Council has become acting president.
The event was seen as a political stunt as only US Marshals can serve in a case like this, since neither the documents nor the servers had any legal validity or jurisdictional authority.
In case study research, the way to avoid the narrative fallacy is no different from the way to avoid other error: the usual consistent checks for validity and reliability in how data are collected, analyzed, and presented.
Our entire case as members of The Church of Jesus Christ of Latter-day Saints rests on the validity of this glorious First Vision.
The court decided many other significant constitutional cases, including the Seas and Submerged Lands case ( 1975 ), upholding legislation asserting sovereignty over the territorial sea ; the First ( 1975 ) and Second ( 1977 ) Territory Senators cases, which concerned whether legislation allowing for the mainland territories to be represented in the Parliament of Australia was valid ; and Russell v Russell ( 1976 ), which concerned the validity of the Family Law Act 1975.
" Other controversial cases included the War Crimes Act case ( 1991 ), regarding the validity of the War Crimes Act 1945 ; Dietrich v The Queen ( 1992 ), in which the court found that a lack of legal representation in a serious criminal case can result in an unfair trial ; Sykes v Cleary ( 1992 ), regarding the disputed election of Phil Cleary ; and Teoh's case ( 1995 ), in which the court held that ratification of a treaty by the executive could create a legitimate expectation that members of the executive would act in accordance with that treaty.

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