The national reasonable person standard of the third prong acts as a check on the community standard of the first two prongs, allowing protection for works that in a certain community might be considered obscene but on a national level might have redeeming value.

Critics of the three-prong test contend that it operates as a " quota " in that it places undue emphasis on the first prong ( known as the " proportionality " prong ), which fails to take into account any differences in the genders ' respective levels of interest in participating in athletics ( in spite of the third prong, which focuses on any differences in the genders ' respective levels of interest in participation ).

On April 20, 2010, the U. S. Department of Education's Office for Civil Rights abandoned the 2005 clarification that allowed institutions to use only Internet or e &# 8209 ; mail surveys to meet the interests and abilities ( third prong ) option of the three-part test for Title IX compliance.

54-55 Coroners and Justice Act 2009 also removed sexual infidelity as a qualifying form of provocation, but in a recent controversial decision by Lord Judge in R v Clinton 1 Cr App R 26 in the Court of Appeal, Lord Judge interpreted the new offence as allowing for sexual infidelity to count under the third prong of the new defence ( see Baker & Zhao 2012 ).

* Most circuits have the metallic components interconnected with a grounding wire connected to the third, round prong of a plug, and to metal boxes and appliance chassis.

However, when the court was examining the third prong of Plaintiff ’ s ACPA claim, whether Defendant registered its domain name with the bad faith intent to profit from Plaintiff, the court found Defendant had a bona fide noncommercial use of the mark, therefore, the ACPA claim failed.

A third species, Tapejara navigans (" sailing "), was mid-sized and sported a similar crest to T. imperator, though narrower and more dome-shaped, that lacked the backwards-pointing bony support prong.

Gecko is the third most-common layout engine on the World Wide Web, after Trident ( used by Internet Explorer for Windows since version 4 ) and WebKit ( used by Safari and Google Chrome ), and followed by Presto ( used by Opera ).

The Hawker Siddeley Trident suffered a deep stall in the third minute of the flight and crashed near the town of Staines, narrowly missing a busy main road.

To facilitate the further training of a number of newly-qualified co-pilots, SFOs were instructed to occupy only the third flight deck seat of the Trident and to act in the capacity known as " P3 ", involving operating the aircraft ’ s systems and assisting the captain ( known as " P1 " on the BEA Trident fleet ) and the co-pilot ( known as " P2 ") who between them handled the aircraft.

Also, 1999 saw the release of The Lost Trident Sessions, the third ( and last ) studio album from his former group, the Mahavishnu Orchestra.

ATK built the third stage of the Trident missile and had earlier bought Hercules Aerospace Co., builder of the second stage.

The Trident made another appearance, driven by Rutledge Wood, on the second episode of the third season of Top Gear US.

This was required because the Trident I C-4 was fitted with a third propulsion stage to achieve the desired increase in range over the Poseidon C-3 missile it replaced.

Destined to be one of the luckiest men in the Georgian Navy, Philip Charles Durham was born in Largo, Fife in 1763, the fourth child and third son of James Durham He came from a wealthy landed family, and entered the navy aged fourteen in 1777 aboard the ship of the line HMS Trident.

Macklin was the third man to come out, and he came unhurriedly.

Once ( this was on the third day of school ) she kneeled down to pick up some books where they'd dropped on the floor and Jack looked up her dress -- at the bare expanse of incredibly white leg.

The formal displacement of the geocentric principle far from being Copernicus' primary concern, was introduced only to resolve what seemed to him intolerable in orthodox astronomy, namely, the ' unphysical ' triplication of centric reference-points: one center from which the planet's distances were calculated, another around which planetary velocities were computed, and still a third center ( the earth ) from which the observations originated.

But he was happy to tell her that his finances were now in such condition that he could go back to Harvard for a third year with Professor Baker.

That is, there was no trace of Anglo-Saxons in Britain as early as the late third century, to which time the archaeological evidence for the erection of the Saxon Shore forts was beginning to point.

The third name was ( John ) Ravencroft, who was admitted to the Inner Temple in November 1631.

Sam Rayburn was a good man, a good American, and, third, a good Democrat.

This third choice was in fact made.

Two of our men were killed, a third was wounded.

The young apprentice apparently did well by Mr. Brown, for in the third year of his apprenticeship Lucian was offered a full partnership in the firm ; ;

In this third year at the university, Hans, in 1797, was awarded the first important token of recognition, a gold medal for his essay on `` Limits Of Poetry And Prose ''.

The third method was, to our knowledge, successfully applied for the first time by C. Sheer and co-workers ( Ref. 2 ).

In late 1957 the M.P. ( Mouvement Populaire ) appeared and in the spring of 1958 the internal strains of the Istiqlal was revealed when the third Council of Government under Balafrej was formed without support from progressive elements in the party.

The third list was selected by the research team on a random basis from the Thomas Register.

After the first two were blacked out, the third light was abandoned by a terrified Italian crew, who left their light to shine for nine minutes like an unerring homing beacon until British MP's shot it out.

( The common misconception that he was Dutch and that his first name was Hendrik stem from Dutch documents of his third voyage.

A third wrote that it was `` raining like poring peas on a rawhide ''.

On the third floor one of the two windows was lighted ; ;

After Captain Docherty sent Arleigh Griffith for Hoag he was able to complete his detailed inspection of the third floor and to receive a report from his man covering the floors above before Griffith returned, buoyed up by a brief stop for another glass of champagne.

The third amended the enabling act for creation of the Lamar county Hospital District, for which a special constitutional amendment previously was adopted.

When Robinson tried to stretch his blow into a triple, he was cut down in a close play at third, Tuttle to Andy Carey.

Elements of Geology began as the fourth volume of the third edition of Principles: Lyell intended the book to act as a suitable field guide for students of geology.

In order to avoid confusion over which meaning is intended, Rummel created the term democide for the third meaning.

The third element incorporated into many definitions is that of intentionality – the death must be intended, rather than being accidental, and the intent of the action must be a " merciful death ".

This may convey the sense that a person is boring or overly fussy and be intended as an insult, mainly when used in the second or third person.

He took the second and third degrees of Freemasonry within the next month, but this enthusiasm seems also to have waned and he resigned the next year, probably because he intended to leave Ceylon.

In practice, this provides a reasonable guarantee that one is communicating with precisely the web site that one intended to communicate with ( as opposed to an impostor ), as well as ensuring that the contents of communications between the user and site cannot be read or forged by any third party.

The technical problem is a largely structural one since access to protected information must be provided only to the intended recipient and at least one third party.

Neuromancer was commissioned by Terry Carr for the third series of Ace Science Fiction Specials, which was intended to exclusively feature debut novels.

However on third down and 4 at the 25-yard line, Vikings cornerback Earsell Mackbee broke up a deep pass intended for Taylor.

On the third play of the Redskins ' ensuing drive, Miami safety Jake Scott intercepted quarterback Billy Kilmer's pass down the middle intended for Taylor and returned it eight yards to the Washington 47-yard line.

But after an incomplete pass and an 8-yard sack by linebacker Wilber Marshall, Edwards broke up a third down pass intended for Andre Reed.

Later in the third quarter, Otis Smith intercepted a pass intended for Rams wide receiver Torry Holt after Holt slipped while coming off the line of scrimmage, and returned the ball 30 yards to the Rams 33-yard line.

Gough intended the rest of the green line ( just beyond the German Wilhelm ( third ) Line ) from Polygon Wood to Langemarck to be taken and the Steenbeek crossed further north.

However, the second meeting of the Parties failed to reach agreement on the detailed requirements to identify LMOs intended for direct use as food, feed or for processing and will need to reconsider this issue at its third meeting in March 2006.

It was intended to be the last part of his stories, according to the original title-page of its first edition but a third part, Serious Reflections During the Life & Surprising Adventures of Robinson Crusoe, With His Vision of the Angelic World, was added later ; it is a mostly forgotten series of moral essays with Crusoe's name attached to give interest.

Thus, if a censor uses this method to intercept messages, he or she may then let the letter be sent to the intended recipient who will be unaware that the secret message has already been intercepted by a third party.

On the third impact with the surface — from the initial altitude of three meters, and velocity of zero, which was below the planned altitude of 14 feet ( 4. 3 meters ), and very slowly descending — Surveyor 3 settled down to a soft landing as intended.

Shortly after launch at 07: 30: 00 UTC on November 8, 1958, the third stage of the launch vehicle separated but failed to ignite, and Pioneer 2 did not achieve its intended lunar orbit.

* The third Ocean was originally ordered to be built as a Bulwark-class wooden screw line-of battle ship intended to carry 91 guns.

About a third of the immigrants, so called " birds of passage ", intended to stay in the United States for only a limited time, followed by a return to Italy with enough in savings to re-establish themselves there.

The third remarkable room is the long library designed by Christopher Wren, ( H ), long, which was intended as a picture gallery.

Later Prešeren himself intended to include it in his poem collection Poezije ( Poems ), and to that end omitted the third stanza (" V sovražnike ' z oblakov / rodú naj naš ' ga treši gróm ") in order to save the rest.

The original acetates were in possession of Jett Williams, while existing duplicates were found and intended to be published by a third party.

Before the 2006 elections the party announced that it intended to run for a third time, despite the threshold for representation having been raised to 2 %.

The additional penis length of 0. 5 cm average was an unexpected side effect found in approximately one third of the subjects and not an intended aim of the study.