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government's and argument
One year the Department collected a file of case histories to document its argument that men in the field were paying the government's entertainment bills out of personal income.
With regard to retroactive copyright extension, he viewed it foolish to apply the government's argument that income received from royalties allows artists to produce more work saying, " How will extension help today ’ s Noah Webster create new works 50 years after his death?
The government's argument was that the communist states had been in fact forced to recognise the GDR and should not be punished for that.
He noted that Fahy's subordinates had actually alerted Fahy in writing that failing to investigate that report, or at least to disclose its existence in the briefs or argument in the Supreme Court, “ might approximate the suppression of evidence .” Thus, Katyal concluded that Mr. Fahy “ did not inform the Court that a key set of allegations used to justify the internment ” had been doubted, if not fully discredited, within the government's own agencies.
The government's argument was that the short barreled shotgun was not a military-type weapon and thus not a " militia " weapon protected by the Second Amendment, from federal infringement.
The government's argument was that VAWA had been enacted in response to " gender-based disparate treatment by state authorities ," while in contrast there was " no indication of such state action " in the Civil Rights Cases.
United States Attorney General Homer Stille Cummings asked Reed to join him in writing the government's brief for the Court and assisting him during oral argument.
This article gave its readers a preview of the same argument Attorney Hamilton would present 18 months later in the government's libel case against Zenger: That the truth is an absolute defense against libel.
Drawing historical examples from 1945 through to 2003 to support his argument, Chomsky looks at the U. S. government's support for regimes responsible for mass human rights abuses, including ethnic cleansing and genocide, namely El Salvador, Colombia, Turkey, Israel, Egypt, South Africa and Indonesia.
The government's argument ( first made by Moshe Dayan in a speech to the UN in 1977 ) is that neither the West Bank nor Gaza were the territory of a " High Contracting Power " at the time they were occupied by Israel and that therefore the Convention does not apply.
The Court mentioned the government's argument that " the inquiry as to unconstitutional discrimination should extend not only to States themselves, but to units of local governments, such as cities and counties.
It rejected the argument that the government's reliance on legal advice at the time of passing the 1988 Act did not deprive the breach of its grave and manifest character.
Congress did not include language in the DTA that might have precluded Supreme Court jurisdiction, making the government's argument to the Court unpersuasive.
* The majority opinion says that the government's contention that the war started September 11, 2001 undercuts Justice Thomas ' argument that it started in 1996.

government's and v
* The government's unsuccessful defense of the Communications Decency Act, which culminated in the Supreme Court decision Reno v. ACLU.
In United States v. Salerno,, the Supreme Court held that the only limitation imposed by the bail clause is that " the government's proposed conditions of release or detention not be ' excessive ' in light of the perceived evil.
1912, 64 L. Ed. 2d 559 ( 1980 ) ( holding that illegally obtained evidence, which is inadmissible on the government's direct case as substantive evidence of guilt, is nevertheless admissible for purposes of impeachment ); accord State v. Greve, 67 Wash. App.
) Following the U. S. Supreme Court's 1954 decision in Brown v. Board of Education, one city school board member pushed to allow black students to attend Falls Church City schools ( they attended Fairfax County schools, with the city paying tuition to the county ), but others delayed, and the state government's " Massive Resistance " laws ( known as the Stanley plan ) prevented desegregation of any schools.
He was a party to a Supreme Court decision Hamdi v. Rumsfeld which issued a decision on 28 June 2004, repudiating the U. S. government's unilateral assertion of executive authority to suspend the constitutional protections of individual liberty of a U. S. citizen.
United States v. E. C. Knight Co., 156 U. S. 1 ( 1895 ), also known as the " Sugar Trust Case ," was a United States Supreme Court case that limited the government's power to control monopolies.
These three justices began their written opinion by noting the U. S. government's previous challenges to Roe v. Wade:
In United States v. Motion Picture Film ( 1917 ), a federal court upheld the government's seizure of a film called The Spirit of ' 76 on the grounds that its depiction of cruelty on the part of British soldiers during the American Revolution would undermine support for America's wartime ally.
The case, New York Times Co. v. United States ( 403 U. S. 713 ), saw the Supreme Court reject the government's position, and become a landmark First Amendment decision.
Justice Souter, for example, argued in Washington v. Glucksberg that the role of the Court in all cases, including unenumerated rights cases, is to ensure that the government's action has not been arbitrary.
The government's main defense of the CDA was that similar decency laws had been upheld in three prior Supreme Court decisions: Ginsberg v. New York ( 1968 ); F. C. C.
948, 3 L. Ed. 2d 988 ( 1959 )", for the " government's contention of adequacy of law " and " Field v. Clark, 143 U. S. 649, 692-693, 12 S. Ct.
The Lochner era ended with West Coast Hotel Co. v. Parrish ( 1937 ), in which the Supreme Court took an expansive view of the government's power to regulate economic activities.
In R ( Seymour-Smith ) v Secretary of State for Employment the UK government's former rules on unfair dismissal were alleged to be discriminatory.
* 23 – The United States Court of Appeals for the Second Circuit in Abel v. United States of America rules that the government's proffered reasons for passing " don't ask, don't tell " pass rational basis review, reversing the District Court.
Murphy is perhaps most well known for his vehement dissent from the court's ruling in Korematsu v. United States, which upheld the constitutionality of the government's internment of Japanese-Americans during World War II.
Chief Justice of the United States John Roberts uses the phrase disparagingly in his majority opinion concerning the government's assertion that it will selectively prosecute animal cruelty videos based on their own interpretation of The First Amendment in United States v. Stevens.
In the area of judicial review for example the case of R ( on the application of Daly ) v Secretary of State for the Home Department highlights how the introduction of a proportionality test borrowed from ECHR jurisprudence has allowed a greater scrutiny of the substantive merits of a government's policy, meaning that judicial review has become more of an appeal than a review.
In what was described at the time as ‘ perhaps the finest moment in his political career ’, he played the leading role in getting the government's Native Title Act 1993 through the Senate in one of the Parliament ’ s longest-ever debates following the High Court of Australia's decision in Mabo v Queensland.
In 2004, alongside several other Republican members of Congress, including Mark Souder and Katherine Harris, Ballenger submitted an amicus curiae brief in the Supreme Court case Gonzales v. Raich, defending the federal government's power to raid, arrest, prosecute and imprison patients who use medical marijuana even in states that have declared such use legally permitted.
This resulted in the federal government's bringing the case on appeal to the Supreme Court as United States v. Cruikshank ( 1875 ).
Since Brown v. Board of Education ( 1954 ), Justice Harlan's dissent in Plessy has been vindicated as a matter of legal doctrine, and the clause has been interpreted as imposing a general restraint on the government's power to discriminate against people based on their membership in certain classes, including those based on race and sex ( see below ).
Though Oregon v. Mitchell affirmed the federal government's power to set a minimum voting age for federal elections, no case has tested whether the federal government possesses the power to prevent states from lowering their voting ages to below 18 for non-federal elections since the federal government has not tried to prohibit states from doing so, nor have any states tried to.
Missouri v. Holland, 252 U. S. 416 ( 1920 ), the United States Supreme Court held that protection of its quasi-sovereign right to regulate the taking of game is a sufficient jurisdictional basis, apart from any pecuniary interest, for a bill by a State to enjoin enforcement of federal regulations over the subject alleged to be unconstitutional, and that the federal government's ability to make treaties is supreme over any state concerns about such treaties having abrogated any states ' rights arising under the Tenth Amendment.
In United States Trust Co. v. New Jersey 431 U. S. 1 ( 1977 ), the Supreme Court held that a higher level of scrutiny was needed for situations where laws modified the government's own contractual obligations.

government's and .
The recent federal government's student-loan program is another step in the direction of making higher education more available to lower-status youth.
Within view of the avenue are some of the United States government's tremendous buildings, plus shrines and monuments.
-- The government's short-term borrowing costs rose with Tuesday's weekly offering of Treasury bills.
hear that Patricia Murphy flies up to St. John's Newfoundland, next Sunday to attend the government's special ceremonies at Memorial University honoring distinguished sons and daughters of the island province.
The Senate also voted $5.2 billion to finance the government's health, welfare, and labor activities.
Lincoln understood that the Federal government's power to end slavery was limited by the Constitution, which before 1865, committed the issue to individual states.
Relations between the two countries have not always been cordial due to the former French government's policy of supporting militant separatists in Angola's Cabinda province and the international Angolagate scandal embarrassed both governments by exposing corruption and illicit arms deals.
Furthermore, Linda & Morris Tannehill argue that no coercive monopoly of force can arise on a truly free market and that a government's citizenry can ’ t desert them in favor of a competent protection and defense agency.
The government's policy toward conscientious objection is in transition, as part of Armenia's accession to the Council of Europe.
As of late November 2009, the Armenian government's foreign debt was around $ 3 billion USD, having doubled in size over the course of the previous year.
The finding sharply contrasts with government's official unemployment rate of about 10 percent.
Property-for-debt or equity-for-debt swaps ( acquiring ownership by simply writing off the Armenian government's debts to Russia ) are usually the method of acquiring assets.
In January 2003, the Armenian government and United Company RUSAL signed an investment cooperation agreement, under which United Company RUSAL ( which already owned a 76 % stake ) acquired the Armenian government's remaining 26 % share of RUSAL ARMENAL aluminum foil mill, giving RUSAL 100 % ownership of RUSAL ARMENAL.
Furthermore, Aghajanov points to the Armenian government's failure to eliminate widespread corruption and mismanagement in the energy sector – abuses that cost Armenia at least $ 50 million in losses each year, according to one estimate.
After his government's defeat, Mackenzie remained Leader of the Opposition for another two years, until 1880.
To formalise its government's consent to the abdication, the Canadian parliament passed, the following year, the Succession to the Throne Act ( 1 Geo.
:" The establishment of the Republic of Afghanistan 1973 increased the Soviet investment in Afghanistan and the PDPA influence in the government's military and civil bodies.
This document was based on several years of consultation aimed to lay out the government's priorities for museums in the 21st century.
While at one time the BVI was well regarded as a good domicile for captive insurance services, this changed beginning in recent years with the change of insurance regulators in 2007 and the government's increasing pressure to hire only locals (" belongers ") in the insurance industry.
Each economic program takes into account the government's desire to protect the country's environment and cultural traditions.
According to the U. S. State Department, " U. S. relations with Burkina Faso are good but subject to strains in the past because of the Compaoré government's past involvement in arms trading and other sanctions-breaking activity.

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