340 Sentences With "inapplicable" | Random Sentence Generator

Catholicism than from jurisprudence, and that it is utterly inapplicable to a

Their failure to seek the death penalty renders President's Trump's comments inapplicable.

These precedents tend to be old and mostly inapplicable to the current crisis.

Those precedents were judged inapplicable to the territories seized during the Spanish-American War.

There is no federal crime called "collusion" (aside from antitrust laws, which are inapplicable here).

" By contrast, he felt this tone "completely inapplicable to the death of a public person.

Complying, even with an inapplicable law, is quite literally the least the company can do.

In late 2013, Senate Democrats voted to render the filibuster inapplicable for lower federal court nominations.

"The warrant is void ab initio, suppression is warranted and the good-faith exception is inapplicable," Clealy wrote.

So the tax deduction for charitable giving got better for rich people while becoming increasingly inapplicable to everyone else.

Alas for the odd bunch, the solutions imposed on Japan are inapplicable to China, and history will not repeat itself.

But executive privilege -- the notion that certain communications between the President and his advisers should remain confidential -- seems inapplicable here.

Even the Constitution's Emoluments Clause — which outlaws foreign gifts to persons holding offices of "profit or trust" — may be inapplicable.

They did not respond to the manager's argument that executive privilege is inapplicable when used to cover up wrongdoing, however.

Nor is there any argument that the 1998 law is inapplicable because Mr. Sessions did not resign and instead was fired.

To ensure they have the capability as well as the responsibility, the Comprehensive Test Ban Treaty must be inapplicable to them.

This phrase is legally inapplicable to an adult having sexual contact with a minor because minors are legally incapable of consent.

But these lines of argument strike me as clearly inapplicable to the actual political situation in the United States in 2016.

The usual remedy for warrantless surveillance is to exclude any illegally obtained information from the trial, but that remedy is inapplicable here.

The primary conflicts of interest statutes and some have questioned it, is Section 290 USC 217 and it's simply inapplicable by its terms.

Patents undergo intense scrutiny during a trial, where many are shown to be poorly written, inapplicable, or even to have been granted in error.

" The institute replied that the "fact that Twitter is a private company doesn't mean the First Amendment is inapplicable to President Trump's Twitter account.

The Indiana Supreme Court ultimately reversed that ruling, holding that the Excessive Fines Clause constrains only federal action and is inapplicable to state impositions.

This means that even maximum sentences for these crimes are far lower than those in terrorism-related cases, because the "terrorism enhancement" is inapplicable.

Or maybe the 9th Circuit left enough ambiguity in its dicta about Trump comments to allow lower courts to sift out inapplicable statements by officials.

The debate over whether racism made Donald Trump president is forcing educated America to grapple with something we are taught is inapplicable when it comes to racism: degree.

To outsiders, Wall Street is a manic, dangerous and ridiculous republic unto itself — a sort of bizarro world where nothing adds up and common sense is virtually inapplicable.

The government's filings address this up front, claiming CALEA is inapplicable because Apple isn't a carrier and the order concerns stored data rather than real-time phone records.

"Everything we've thought about convention and what usually happens in elections has proven to be inapplicable, at least in so far as Trump's popularity is concerned," said Texas Sen.

" Physicians need resources other than medicine to frame nuanced conversations, for scientific knowledge remains "inapplicable to the existential, visceral nature of human life, which is unique and subjective and unpredictable.

"Whether the exception applies depends partly on whether the three businessmen were the only sources of the gifts; if business entities were sources of the gifts, the exception was inapplicable," CREW said.

Treason is defined in the Constitution as "levying war" against the United States, which seems inapplicable to Trump's conduct, but his business dealings with Russian interests may yet produce evidence of bribery.

" At the same time, it may be "the most shameful of all the poses … a small group of privileged crackers often arrhythmically recycling the genre's dominant and to them totally inapplicable clichés.

A New York State trial judge had decided that his conviction was inapplicable because the 1967 law he was tried under was written before the advent of much of the digital age.

When you are a teenager, you live in a world where questions about settling down and who the exes are and when you might move in together are largely inappropriate and inapplicable.

Pittman, was responding to comments on Facebook criticizing him for introducing a bill in the North Carolina legislature that would render the Supreme Court decision legalizing same-sex marriage inapplicable in his state.

In practice, under such circumstances with such unanimous support for his removal, Congress would probably ignore the Constitution and vote for his removal, either under the inapplicable impeachment provisions or the 25th Amendment.

In addition to distinguishing Boumediene as inapplicable, the brief argues that Mr. Thuraissigiam's claim must fail because the Constitution's framers would not have applied the Suspension Clause to immigrants seeking relief from deportation.

A true originalist (or textualist) might also have to conclude that the entire Bill of Rights, including its protections for free speech, freedom of religion, and criminal procedure would be inapplicable to the states.

The Russia investigation had a proper factual and legal foundation, and recent writings are nothing more than an improper effort to wrap inapplicable legal doctrines around discredited fiction to undermine the rule of law.

Although the book begins by arguing against the obsession with greatness as a category and ends by declaring the concept inapplicable to living composers, it generally hews closely to established ideas about the canon.

It would be against the law for Trump to threaten government action against a private entity in order to provoke the firing of employees based on their party affiliation, but that statute appears inapplicable here.

Minnesota and the other AGs said Baldwin has been undercut by subsequent 2nd Circuit rulings and IntelliGender is inapplicable because, among other things, it was based on a different exception to the Anti-Injunction Act.

In this case, you could be on the hook for the entire cost of damages because your policy would be rendered inapplicable, since the price you were paying was not for the truth of your situation.

But it's a bit strange that the agency most famous for its mostly inapplicable pipe dream-like technology is the one charged with figuring out an essential, albeit complex, solution to an increasingly pervasive societal problem.

Although capable of punishing subpoenaed witnesses who fail to appear, refuse to answer questions or assert the inapplicable executive or attorney-client privilege, Congress has chosen instead to bark its dismay to the media like a toothless dog.

"Although defendants argue that the HEAR Act is inapplicable, this argument is absurd, as the act is intended to apply to cases precisely like this one, where Nazi-looted art is at issue," Ramos wrote in his ruling.

Even though the child could go to her home school in this one case, it's an exception not enshrined in the department's practices, and therefore inapplicable to the hundreds of youth who come in and out of the system.

The decision overturned a state trial judge's decision to throw out the jury's verdict after determining the 1967 law under which Mr. Aleynikov was convicted was inapplicable because it was written before the advent of much of the digital age.

"Contrary to the government's contention that CALEA is inapplicable to this dispute, Congress declared via CALEA that the government cannot dictate to providers of electronic communications services or manufacturers of telecommunications equipment any specific equipment design or software configuration," the motion reads.

"If the alien evades arrest for some short period of time — according to respondents, even 85033 hours is too long — the mandatory-detention requirement is inapplicable, and the alien must have an opportunity to apply for release on bond or parole," he said.

On a base, commercial level, the old rules of seasons and of male and female suddenly seem inapplicable, irrelevant — fashion labels are challenging gender binaries, eschewing retrospective styles, cultural cherry-picking and lazy luxury for something more fluid and less easily categorized.

But here's Srinivasan again enlightening his colleague: There is no need in this case to scrutinize the exact manner in which a broadband provider could render the FCC's Order inapplicable by advertising to consumers that it offers an edited service rather than an unfiltered pathway.

The FTC already has a similar power provided to it through the Children's Online Privacy Protection Act (COPPA) to fine companies when they're found to have abused the privacy of children under 13, but it's largely inapplicable to tech companies, and there's no equivalent protection for adults.

"If any individual is allowed to lie to our committee or encourage others to do so, hide behind inapplicable privileges, or otherwise fail to provide anything less than full cooperation, other witnesses will be emboldened to similarly obstruct, both now and in the future," he said.

But the point is that regulators across the spectrum are signaling the need for companies to review all those third parties who touch sensitive data or incorporate chips into their products to recognize that new vulnerabilities exist and laws and regulations seemingly inapplicable actually do apply.

"It strikes me as bizarre that 100 years after insulin was started to be used to treat diabetes, that we still have a system that guarantees an inflated price even though the cost of the research and development, which I thought was the rationale in the first place, is inapplicable," Cornyn said.

In fact, it was sensible and plausible, a middle course between George W. Bush's impetuosity and exaltation of inapplicable idealism over practicalities on the ground, and Obama's feckless irresolution that has often had the character of telling America's allies and adversaries to change roles and places, as in an after-dinner game of charades.

It seems in practice that choosing not to comply with an otherwise inapplicable law is not a matter of not caring about your customers or about moral failings, it is quite literally just "not how anything works," nor is there any added consumer benefit in trying to — and isn't that what counts in the end — consumers?

To the Editor: Allan Ripp bemoans the high volume of vague and inapplicable résumés he has to sort through, and lays much of the blame at the feet of smartphone culture, but somehow doesn't note that, even faced with a low unemployment rate, hirers are still demanding years of highly specialized experience even for entry-level positions, most of which pay far below a living wage.

But this usually wise trial strategy is inapplicable here, assuming the House votes to impeach, because: a) the other non-Ukraine grounds for impeachment, particularly the president's running the government as a profit center for himself and his family, are themselves simple and easily understood by the public; and b) the object of a trial in the Senate, which would follow from impeachment, will not be to persuade the fact finder (the Republican-controlled Senate), because there is no chance of conviction in that body, but instead to lay out all the simple evidence for the public and thereby hurt President Trump's re-election prospects, which remain considerable.

The third is inapplicable because a conviction would necessarily be on the merits.

It has typically found to be inapplicable when the time to make the decision is infinite or indefinite.

If Section 731 applies to those states, then all their usury limits are inapplicable to banks based in those states, since Wells Fargo has branches in both states.

Generating a champion through self-play is of interest in evolutionary computation and game theory. The results are inapplicable to coevolution of biological species, which does not yield champions.

New York: Digitalia, 1996. 251-252. Gale Virtual Reference Library. Web. 10 Mar. 2013. According to Kimhi, Christian interpretation demonstrated a corruption of the text and in some cases was inapplicable and irrational.

In doing so, it overturned its prior verdict from 1994 when it had ruled that the laws on rape were inapplicable in marriage. In Mexico, the rape laws did not include a statutory exemption for marriage, but were, as elsewhere, generally understood as inapplicable in this context. This has started to be challenged in the late 20th century. Following the Court's decision in 1994, women's organizations worked to pass state laws against marital rape in order to overturn this precedent.

This non-determinism can be avoided by restricting the usage of (\theta) so that it is only applied before a modal expansion rule, and so that it only removes the formulae that make that other rule inapplicable. This condition can be also formulated by merging the two rules in a single one. The resulting rule produces the same result as the old one, but implicitly discard all formulae that made the old rule inapplicable. This mechanism for removing (\theta) has been proved to preserve completeness for many modal logics.

"The statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Porto Rico as in the United States ...". Following the 1950 and 1952 legislation, only two district court decisions have held that a particular federal law, which does not specifically exclude or treat Puerto Rico differently, is inapplicable to Puerto Rico.The two are: (1)Refusing to apply the Federal Firearms Act to transactions solely within Puerto Rico: United States v. Rios, 140 F. Supp.

The California courts found the Massachusetts law inapplicable to an injury occurring in California, and the employee received an award under California employee compensation law. The insurance companies responsible for paying the award and subrogating the payment appealed.

Tapia, , and People v. Muratti, also at . These two per curiam decisions cited the earlier Insular Cases and held that provisions of the Bill of Rights were inapplicable to Puerto Rico even after the passage of the Jones Act.

The Vicinage Clause applies only to petit juries, not grand juries, although some cases finding no violation of the Clause have assumed without deciding that the Clause does apply to grand juries.Kershen, 1977, at 173 ("The concept of vicinage is inapplicable to the grand jury.").

Schedule 1, article 6, states the settlor of a trust has the right to choose any foreign trust law to govern a trust. Art 18 goes on to say that provisions of the schedule are inapplicable if it would be ‘manifestly incompatible with public policy’.

It was authorized a non-voting member of Congress, by the title of "Resident Commissioner", who was appointed. In addition, this Act extended all U.S. laws "not locally inapplicable" to Puerto Rico, specifying, in particular, exemption from U.S. Internal Revenue laws. The Act empowered the civil government to legislate on "all matters of legislative character not locally inapplicable", including the power to modify and repeal any laws then in existence in Puerto Rico, though the U.S. Congress retained the power to annul acts of the Puerto Rico legislature. During an address to the Puerto Rican legislature in 1906, President Theodore Roosevelt recommended that Puerto Ricans become U.S. citizens.

The Court held that RLUIPA was inapplicable to this case. The judge found that the connection between zoning and eminent domain in this case was "too attenuated to constitute the application of a zoning law." Therefore, summary judgment was granted in favor of the Town, denying injunctive relief.

In Teo Soh Lung the High Court of Singapore declined to apply the doctrine, following the reasoning in that case. In Malaysia, the basic features doctrine was also found to be inapplicable by the Federal Court in Phang Chin Hock v. Public Prosecutor.[1980] 1 M.L.J. [Malayan Law Journal] 70.

Here "... (act)" means any beginning to the auction, followed by an opposing bid, double, or redouble. :... (act) Pass (Pass) ? The opponents may be obliged to keep the bidding open themselves because their action is forcing. Then the forcing pass is a moot point and the concept may be considered inapplicable.

While the Marsh holding at first appears somewhat narrow and inapplicable to the present day due to the disappearance of company towns from the United States, it was raised in the somewhat high-profile 1996 cyberlaw case, Cyber Promotions v. America Online, 948 F. Supp. 436, 442 (E.D. Pa. 1996).

The state lawsuits sought recovery for Medicaid and other public health expenses incurred in the treatment of smoking-induced illnesses. Importantly, the defenses of personal responsibility that were so effective for the tobacco industry in suits by private individuals were inapplicable to the causes of action alleged by the states.

This was considered especially alarming to groups and figures that had accused Moynihan of right-wing sympathies, charges which Moynihan has dismissed as inapplicable due to the "intricacies of such subjects". However, several critics praised the book for offering an informative or at least interesting view on a relatively obscure subculture.

The Sixth Circuit dismissed the petition, relying on 28 U.S.C. § 1447(d), which provides that with one inapplicable exception, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise." The defendants then sought review by the Supreme Court, which granted certiorari.

In the following years, Edgar Silinsh took interest in the problems of organic solid state energetics and proved that the conventional band theory is inapplicable to molecular solids. A new, improved phenomenological model was also developed to describe these peculiarities. In 1978, these conclusions were summarized in a monograph,Э. А. Силиньш.

The distance between the aircraft had been sufficient, and the communication had been reduced to a minimum according to the planned mission. Police pilots unofficially criticised the chief investigator who is a military pilot and had allegedly used inapplicable standards for the investigation. A motion to disqualify the investigator was however rejected.

In Glidden Co. v. Zdanok, the court made the following statement regarding courts in unincorporated territories: > Upon like considerations, Article III has been viewed as inapplicable to > courts created in unincorporated territories outside the mainland, Downes v. > Bidwell, 182 U.S. 244, 266-267; Balzac v. Porto Rico, 258 U.S. 298, 312-313; > cf.

U.S. federal law applies to Puerto Rico, although Puerto Rico is not a state. Due to the Federal Relations Act of 1950, all federal laws that are "not locally inapplicable" are automatically the law of the land in Puerto Rico (39 Stat. 954, 48 USCA 734).Since 1917 they have been considered American citizens.

The modern tax protester movement appears to have originated in the 1940s and then to have become, in the mid-1970s, a phenomenon specifically characterized by legally frivolous arguments as some people came to assert that the federal tax on individual income is nonexistent, unconstitutional, or inapplicable to various forms of income such as wages.

Google made two key arguments against American's Blind's allegation. First, it argued that, contrary to case law established in Playboy v. Netscape, the Sleekcraft factors are inapplicable in this case because they were meant for those offering the goods. Google argued that it isn't the one selling the goods—it just put up the advertisements.

An example is the method of Lewis Fry Richardson, and the methods developed by R. V. Southwell. However, these methods were designed for computation by human calculators, requiring some expertise to ensure convergence to the solution which made them inapplicable for programming on digital computers. These aspects are discussed in the thesis of David M. Young, Jr.

Following this decision, the doctrine of ex turpi causa had a very limited application, and some commentators noted that the decision "for all practical purposes, makes the defence of illegality inapplicable to negligence actions."Philip H Osborne, The Law of Torts, 4th ed (Toronto: Irwin Law, 2011). at 117. The Supreme Court revisited the doctrine in British Columbia v.

Passed on 15 July 1973, the first amendment was made to the Article 47 of the constitution. The amendment inserted an additional clause, Article 47(3) that allowed punishment and prosecution of war criminals under international law. A new Article 47A was also added, which specified that certain fundamental rights will be inapplicable in those cases.

1994) (finding immunity from antitrust liability where "injuries for which [the plaintiff] seeks recovery flowed directly from government action"). In Massachusetts School of Law, the Court held that where "the states are sovereign in imposing the bar admission requirements [the alleged anticompetitive restraints], the clear articulation and active supervision requirements . . . are inapplicable."107 F.3d at 1036.

Where O'Connor in the earlier case had held that Wilko rejected arbitration only as inadequate to protect an investor's substantive rights, Kennedy read Wilko as inherently inapplicable to the substantive provisions.Bradford, at 67–68. The Court had tolerated anticipatory overruling in the wake of Brown v. Board of Education and at the end of the Lochner era, Bradford observed.

Most zoning restrictions on the homes have been found to be inapplicable or only applicable to modular homes. That occurs often after considerable litigation on the topic by affected jurisdictions and by plaintiffs failing to ascertain the difference. Most modern modulars, once fully assembled, are indistinguishable from site-built homes. Their roofs are usually transported as separate units.

When the wave propagates through a material acted upon by an applied magnetic field, reciprocity can be broken so this principle will not apply. Similarly, when there are moving objects in the path of the ray, the principle may be entirely inapplicable. Historically, in 1849, Sir George Stokes stated his optical reversion principle without attending to polarization.Stokes, G.G. (1849).

Georgia, 31 U.S. (6 Pet.) 515 (1832). Section 25 was not a more significant source of criminal appeals in large part because--as Barron v. Baltimore (1833) held--the Bill of Rights (including its criminal procedure provisions) was viewed as inapplicable to the state governments.Akhil Reed Amar, The Future of Constitutional Criminal Procedure, 33 1123, 1124-25 (1996).

In Malaysia, the basic features doctrine was initially found to be inapplicable by the Federal Court in Phang Chin Hock v. Public Prosecutor.[1980] 1 M.L.J. [Malayan Law Journal] 70. The Court remarked that the Indian Constitution was drafted by a constituent assembly and not "ordinary mortals", while the same could not be said for the Malaysian Constitution.

State courts made similar rulings for their courts and laws.Veeck, 293 F.3d at 796. SBCCI argues that the Banks case explains the rule on two grounds, both of which (SBCCI argues) are inapplicable here. First, Banks is said to deny copyright to judicial opinions because judges, whose salaries are paid by the government, cannot claim to own the opinions.

Referring to previous U.S. Supreme Court cases on obscenity and child pornography, he held, "Free Speech Coalition made clear that banned material must meet either the Ferber or Miller standards. There is no dispute the images in this case do not involve real children, thus Ferber is inapplicable." However, Gritzner's ruling was challenged by later case law in United States v. Dean.

An institutional investor is an investor, such as a bank, insurance company, retirement fund, hedge fund, or mutual fund, that is financially sophisticated and makes large investments, often held in very large portfolios of investments. Because of their sophistication, institutional investors may often participate in private placements of securities, in which certain aspects of the securities laws may be inapplicable.

But as the word "colour" seems inapplicable to the heraldic furs, and no other term clearly encompasses all three classes, the word "tincture" has come to be used in this broader sense, while "colour" has acquired the more restricted sense originally given to "tincture". Thus, when consulting various heraldic authorities, care must be taken to determine which meaning each term is given.

Judges William Homer Thornberry, Jerre Stockton Williams and W. Eugene Davis were empaneled to hear the case. They heard oral arguments in the case and handed down its decision in May 1988. Unanimously, in a decision written by Williams, they found for Shearson and held Wilko inapplicable. Williams considered the case in light of McMahon and other recent arbitration jurisprudence.

But this term is not inapplicable to Sibbald, a Scottish churchman, strongly attached to primitive doctrine, but accepting the ecclesiastical arrangements made by lawful authority. Ten years after leaving Aberdeen he died in Dublin of the plague, in 1647. He married Elizabeth Nicolson, and had issue. The Scottish parliament on 21 June 1661 granted £200 to his widow and children.

In amorphous materials, the discussion of "dislocations" is inapplicable, since the entire material lacks long range order. These materials can still undergo plastic deformation. Since amorphous materials, like polymers, are not well-ordered, they contain a large amount of free volume, or wasted space. Pulling these materials in tension opens up these regions and can give materials a hazy appearance.

All things entail rising and falling timing. You must be able to > discern this. In strategy there are various timing considerations. From the > outset you must know the applicable timing and the inapplicable timing, and > from among the large and small things and the fast and slow timings find the > relevant timing, first seeing the distance timing and the background timing.

The team took ideas for this area from Mirror's Edge. Both sides were inspired by futuristic films such as Blade Runner, Minority Report and Gattaca. In addition, the split-world concept applies to the gameplay. The Downzone enemies tend to be more aggressive and anti-agents, and some gameplay segments such as the breaching system are inapplicable in such areas.

However, if the breach occurs while the employment relationship subsists, that limit is inapplicable. So in Eastwood v Magnox Electric plc,[2004] UKHL 35, [2004] IRLR 732 a school teacher who also suffered psychiatric injury, but as a result of harassment and victimisation while he still worked, could claim for a full measure of damages for the breach of mutual trust and confidence.

John Rohr, in defining bureaucrats as public administrators, approaches ethic standards in government as a requirement due to the nature of the work of administrators. He writes, “because bureaucrats govern through authority that is discretionary, and because they are not elected, the ordinary means of popular control are inapplicable”.Rohr, J. A. (1978). Ethics for bureaucrats: An essay on law and values.

16 Nov, 2011. These skills that are acquired by the arts are actually needed characteristics in the modern workforce. The stress of the importance for the arts then becomes one that benefits the students for their future careers. While many view the arts as inapplicable in today’s modern workforce, many would argue that the arts provide positive results for students competing in today’s competitive job market.

It is unlikely that the relevant consumer protection law will be stifled by the conclusion of clear and intelligible language.More material is the bargaining powers, lack of negotiation, the practical consequences and 'good faith'. see further Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contract Regulations 1999. The banks attempted to establish that the statute is inapplicable to the charges in question.

Although the Presentment Clause generally gives the president veto power, the ancient interpretive principle that the specific governs the general (generalia specialibus non derogant) is applicable to the specific circumstance of a constitutional amendment. Article V requires Congress to propose Amendments, "whenever" it deems necessary by the same supermajority specified in the Presentment Clause, and therefore Congress has always treated the latter vote as unnecessary and inapplicable.

The CCPA reversed the ruling of the Patent Office (3-2). The majority said that Johnston was claiming a machine, not a process, so that there would be no monopoly on the banking business if other banks used a different machine. The majority also held the Supreme Court's decision in Gottschalk v. Benson. inapplicable because that case involved a process patent while this case involved a machine.

The Lithuanian Constitutional Court concluded on 14 March 2006 in case no. 17/02-24/02-06/03-22/04, § 9.4 in Chapter III, that EU law has supremacy over ordinary legal acts of the Lithuanian Parliament but not over the Lithuanian constitution. If the Constitutional Court finds EU law to be contrary to the constitution, the former law loses its direct effect and shall remain inapplicable.

Although the literature indicates that most trans men identify as heterosexual (meaning they are sexually attracted to women), trans men, like cisgender men, can have any sexual orientation or sexual identity, such as homosexual, gay, bisexual, pansexual, or asexual, and some trans men might consider conventional sexual orientation labels inadequate or inapplicable to them, in which case they may elect to use labels like queer.

Fisher emphasizes that while fixed levels such as 5%, 2%, and 1% are convenient, the exact p-value can be used, and the strength of evidence can and will be revised with further experimentation. In contrast, decision procedures require a clear-cut decision, yielding an irreversible action, and the procedure is based on costs of error, which, he argues, are inapplicable to scientific research.

Most research on curiosity has been focused on adults and which typically used self-report measures are inappropriate and inapplicable for studying children. Curiosity is mostly thought of as attributable to a mature person and is characterized in young children as a fledgling feature of their outlook on the world.Jirout, J. & Klahr, D. 2012. Children's scientific curiosity: In search of an operational definition of an elusive concept.

U.S. federal law applies to Puerto Rico, even though Puerto Rico is not a state of the American Union and their residents have no voting representation in the U.S. Congress. Because of the establishment of the Federal Relations Act of 1950, all federal laws that are "not locally inapplicable" are automatically the law of the land in Puerto Rico. 39 Stat. 954, 48 USCA 734 .

In Russian, May 14, 2005, FBIS SOV, trans, May 24, 2005. Dmitri Trenin stated that, 'the principal domestic reason is the situation of eastern Russia, especially East Siberia and the Russian Far East. Since the collapse of the Soviet Union, the territories have been going through a deep crisis. The former model of their development is inapplicable; a new model is yet to be devised and implemented.

Massachusetts does not restrict private sexual behavior between consenting adults. It has two statutes that implicate homosexual activity: §34 prohibits the "abominable and detestable crime against nature" and §35 prohibits "any unnatural and lascivious act with another person." In 1974, the Massachusetts Supreme Judicial Court found the second of these statutes "inapplicable to private, consensual conduct of adults" in Commonwealth v. Balthazar.Massachusetts Cases: Commonwealth v.

Chadwick LJ held that there was no difficulty in implying into each lease the grant and reservation of reciprocal rights to share the pathway. The alternative type of implied easements, under Wheeldon v Burrows, did not apply where between the land conveyed and that retained, there was common ownership, but not common occupation. There needed to be both. Hence it is inapplicable to standard leasehold enfranchisement.

After the prison authority denied his administrative grievance, Booth did not seek administrative review. Subsequently, the District Court dismissed the complaint for failure to exhaust administrative remedies. In affirming, the Third Circuit Court of Appeals rejected Booth's argument that the exhaustion requirement was inapplicable because the administrative process could not award him the monetary relief he sought. He appealed to the United States Supreme Court, which agreed to hear his case.

In computer science, dynamization is the process of transforming a static data structure into a dynamic one. Although static data structures may provide very good functionality and fast queries, their utility is limited because of their inability to grow/shrink quickly, thus making them inapplicable for the solution of dynamic problems, where the amount of the input data changes. Dynamization techniques provide uniform ways of creating dynamic data structures.

Kurtis A. Kemper, Annotation, Availability and Appropriateness of Audita Querela Relief in Connection with Immigration and Naturalization Proceedings, 13 A.L.R. Fed. 2d 493 (2006). Another case in which it has been used has been to vacate a long- past conviction with a law which has since been judged unconstitutional. With respect to state criminal proceedings, while it has been said that the writ is inapplicable, there is authority to the contrary.

Dulles should be controlling here. Justice Goldberg felt that the statute was simply inapplicable to area restrictions because it could not be presumed that Congress, without focusing upon the complex problems involved, resolved them by adopting a broad and sweeping statute which, in the Court's view, conferred unlimited discretion upon the Executive, and which made no distinctions reconciling the rights of the citizen to travel with the government's legitimate needs.

See ] In Hazelwood, the Supreme Court permitted schools to regulate the content of a school newspaper, on the grounds that there is a "distinction between school-sponsored speech and student speech.".Guiles, 461 F.3d at 325. The student's T-shirt was not school-sponsored, nor was there any appearance of sponsorship by the school, and therefore Hazelwood was inapplicable in this case.Guiles, 461 F.3d at 327.

The coastline paradox is the counterintuitive observation that the coastline of a landmass does not have a well-defined length. This results from the fractal curve-like properties of coastlines, i.e., the fact that a coastline typically has a fractal dimension (which in fact makes the notion of length inapplicable). The first recorded observation of this phenomenon was by Lewis Fry Richardson and it was expanded upon by Benoit Mandelbrot.

The Grelling–Nelson paradox is an antinomy, or a semantic self-referential paradox, concerning the applicability to itself of the word "heterological", meaning "inapplicable to itself". It was formulated in 1908 by Kurt Grelling and Leonard Nelson, and is sometimes mistakenly attributed to the German philosopher and mathematician Hermann Weyl.Weyl refers to it as a "well-known paradox" in Das Kontinuum (1918), p. 2, mentioning it only to dismiss it.

A trans-umbilical breast augmentation is a breast prosthesis insertion technique wherein the incision is at the umbilicus (navel), which dissection then tunnels superiorly, to facilitate emplacing the breast prosthesis to the implant pocket without producing visible surgical scars upon the breast hemisphere; but it makes appropriate dissection and device-emplacement more technically difficult. A TUBA procedure is performed bluntly (without endoscopic assistance), and is inapplicable to emplacing (pre-filled) silicone-gel implants, because of the great potential for damaging the elastomer silicone shell of the breast- implant device during its manual insertion through the short, two-centimetre (~2.0 cm), incision at the navel, and because pre-filled silicone-gel implants are incompressible, and cannot be inserted through so small an incision. ;Advantages The scar is produced in a remote location (the navel). ;Disadvantages The TUBA (Trans-umbilical Breast Augmentation) approach is inapplicable for the emplacement of incompressible, pre-filled breast implants, usually of the silicone-gel-filled variety.

The ruling concluded, "we have declined to equate the privacy of the home ... with a 'zone of privacy' that follows a distributor or a consumer of obscene materials wherever he goes", and concluded that precedent had not in fact been overturned by the Lawrence ruling, and the trial judge had erred in law to state they had. Only the Supreme Court could say if their own prior decisions had been overturned, and they had reserved that right to themselves in past cases. Furthermore, with regards to whether or not the fact of the Internet delivery made the community standards test inapplicable, the ruling argued, "The mere fact, without more, that the instant prosecution involves Internet transmissions is not enough to render an entire line of Supreme Court decisions inapplicable given their analytical and other factual similarities to this case." The couple's attorney subsequently filed a petition asking the U.S. Supreme Court to hear the case.

The court held, further, that to allow the applications for the payment of interest would be effectively to vary the order of the court to the detriment of the appellant. In the absence of a cross-appeal, the court could not do this. Furthermore, because the Act had come into operation on July 16, 1976,—that is, after the judgment in the court a quo—the relevant provisions 3(2). was inapplicable.

If the debtor's debt is not primarily consumer debt, then the means test is inapplicable. The inapplicability to non-consumer debt allows business debtors to "abuse" credit without repercussion unless the court finds "cause." "Special circumstances" does not confer judicial discretion; rather, it gives a debtor an opportunity to adjust income by documenting additional expenses or loss of income in situations caused by a medical condition or being called or order to active military service.

In 1921 a VSP member who had moved to Sydney, Bill Earsman, was one of the founders of the Communist Party of Australia. Many VSP members joined the new party, but the majority, led by Ross, remained aloof. "The labour movement's championing of democratic rights and improved standards of life has so altered the Australian environment as to make Bolshevism inapplicable," he wrote. Ross's two sons, Lloyd RossStephen Holt (1996), A Veritable Dynamo.

Postmaster General, , 308, (1965), Brennan, J., concurring, quoted at 309 F.Supp at 37 he nevertheless found it inapplicable to the case, since ruling otherwise would have an economically disparate impact: "The First Amendment cannot be construed to permit those who have funds for foreign travel to bring back constitutionally protected literature while prohibiting its access by the less affluent."309 F.Supp. at 38. Instead, Ferguson found the due-process claims much more relevant.

An Essay in Aid of a Grammar of Assent (commonly abbreviated to the last three words) is John Henry Newman's seminal book on the philosophy of faith."NEWMAN, John Henry", in Chambers Biographical Dictionary (1990), Edinburgh: Chambers. Completed in 1870, the book took Newman 20 years to write, he confided to friends. Newman's aim was to show that the scientific standards for evidence and assent are too narrow and inapplicable in concrete life.

Sexual behavior in the human female. Philadelphia: Saunders to describe differences in individuals tendency to engage in uncommitted sexual relationships. Minimal research was done until interest in the topic markedly increased when Gangestad and Simpson released their 5-item Sociosexual Orientation Inventory in 1991. However, serious problems were found with the original scale with respect to sociosexuality as a single dimension, its sometimes low internal consistency, skewed score distribution, and one question inapplicable to singles.

Spence v. Washington that the O'Brien test was "inapplicable" when the asserted government interest "directly related to expression in the context of activity".Spence v. Washington, 418 U.S. 405, 415 n.8 (1974). Spence ruled that a man who displayed an American flag with a peace symbol taped to it was engaging in protected expression; in 1989, the Court similarly upheld the right to burn the American flag as expressive conduct in Texas v.

In United States v. Coe, for example, the Court sustained the authority of the Court of Private Land Claims to adjudicate claims under treaties to land in the territories, but left it expressly open whether such a course might be followed within the States.. Upon like considerations, Article III has been viewed as inapplicable to courts created in unincorporated territories outside the mainland, and to the consular courts established by concessions from foreign countries.

The definition of public accommodation within the Title II of the Civil Rights Act of 1964 is limited to "any inn, hotel, motel, or other establishment which provides lodging to transient guests" and so is inapplicable to churches, mosques, synagogues, et al. Section 12187 of the ADA also exempts religious organizations from public accommodation laws, but religious organizations are encouraged to comply. Various US states have nonuniform laws that provide for nondiscrimination in public accommodations.

Derrida (1967), Of Grammatology, Part II, Introduction to the "Age of Rousseau," section 2 "...That Dangerous Supplement...", title, "The Exorbitant Question of Method", pp. 158–59, 163. This attention to a text's unacknowledged reliance on metaphors and figures embedded within its discourse is characteristic of Derrida's approach. Derrida's method sometimes involves demonstrating that a given philosophical discourse depends on binary oppositions or excluding terms that the discourse itself has declared to be irrelevant or inapplicable.

SAP purchases between the micro-purchase threshold and the SAT threshold must be set aside for small businesses. Acquisitions under SAT/SAP can be sole-sourced under certain thresholds and are often not publicly posted. Additionally, over 100 regulations were made inapplicable to SAP purchases, as these provided a large barrier to entry for new vendors. As of 2019, the threshold for SAT is $250,000; acquisitions under this amount must use SAP, with certain exceptions.

In describing such abbreviations, the term initialism is inapplicable. Many proper nouns become shorter and shorter over time. For example, the CCTV New Year's Gala, whose full name is literally read as "China Central Television Spring Festival Joint Celebration Evening Gala" () was first shortened to "Spring Festival Joint Celebration Evening Gala" (), but eventually referred to as simply Chunwan (). Along the same vein, Zhongguo Zhongyang Dianshi Tai () was reduced to Yangshi () in the mid-2000s.

Ronald J. Berger,The Holocaust, Religion, and the Politics of Collective Memory: Beyond Sociology, Transaction Publishers, 2012 p. 176.Henry Laurens, La Question de Palestine, Fayard, Paris 2002, vol.2 p.593. For Ernest Bevin, the British Foreign Secretary, the majority plan would only lead to an outbreak of generalised violence, as clearly unjust to the Arabs, whilst the minority plan was inapplicable since it assumed a prior accord between Jews and Arabs.

Involuntary commitment requires three criteria: 1) severe mental illness with impaired insight; 2) that a lack of treatment would worsen the condition or endanger the safety or security of the patient or others; 3) and other treatments or services are insufficient or inapplicable. If found insane, criminal offenders may not be sentenced. Instead, they must be referred to THL (National Institute for Health and Welfare) for involuntary treatment. Niuvanniemi hospital specializes in involuntary commitment of criminal patients.

He also "named names", which incurred enmity of many in Hollywood. Other entertainers such as Zero Mostel found themselves on a Hollywood blacklist after taking the Fifth, and were unable to find work for a while in show business. Pleading the Fifth in response to such questions was held inapplicable, since being a Communist itself was not a crime. The amendment has also been used by defendants and witnesses in criminal cases involving the American Mafia.

Although Bionic aims to implement all of C11 and POSIX, there are still (as of Oreo) about 70 POSIX functions missing from libc. There are also POSIX functions such as the endpwent/getpwent/setpwent family that are inapplicable to Android because it lacks a passwd database. As of Oreo, libm is complete. Some functions deliberately do not conform to the POSIX or C standards for security reasons, such as printf which does not support the `%n` format string.

The design works of the tunnel began in 2013. The construction was expected to begin in 2016, using the New Austrian Tunnelling method due to the diverse geology in the Kresna gorge, which makes the usage of TBM inapplicable. The construction costs along with the access roads were estimated at 1.1 billion levs (~560 million euro). As of 2015, plans were abandoned and an alternative route is being considered, which will involve a series of shorter tunnels and viaducts.

The cost in soldiers and material to destroy a significant number of them becomes prohibitive, in all senses, that is physically, economically, and morally. Lawrence describes a non-native occupying force as the enemy (such as the Turks). Lawrence wrote down some of his theories while ill and unable to fight the Turks in his book The Seven Pillars of Wisdom. There, he reviews von Clausewitz and other theorists of war, and finds their writings inapplicable to his situation.

The case of VgT Verein gegen Tierfabriken v Switzerland(2002) 34 EHRR 4 was considered, but found to be inapplicable to the British context, where the full strength of arguments against money in politics was considered. Lord Scott, while concurring with the result, dissented on one point at paragraph 44, by suggesting that ECHR cases were not actually binding on the UK courts. Baroness Hale gave a concurring judgment. Lord Carswell and Lord Neuberger concurred with Lord Bingham.

Associate Justice Samuel Alito authored a unanimous decision holding that a plain text reading of SORNA applies to a place in which a resident resides, not resided. Because the Philippines is a foreign jurisdiction where SORNA is inapplicable and because the law uses the present tense, Nichols had no obligation under this federal law to update his registration. Under Kansas state law and under the subsequently enacted federal legislation, Nichols does have an obligation to update his registration information.

One application of this is special relativity, as it can be considered to operate in a four-dimensional space, spacetime, spanned by three space dimensions and one of time. In special relativity this space is linear and the four-dimensional rotations, called Lorentz transformations, have practical physical interpretations. The Minkowski space is not a metric space, and the term isometry is inapplicable to Lorentz transformation. If a rotation is only in the three space dimensions, i.e.

Judicial review in Sweden () is a constitutional provision, by which any Swedish court or administrative authority can declare an Act of the Parliament of Sweden to be in violation of the Constitution or a Government Ordinance to be in violation of laws passed by the Riksdag and thus inapplicable in the concrete case. Since 1994, the Constitution has stipulated that no law or other regulation may violate the European Convention (Ch. 2, art. 19 of the Instrument of Government).

It was chosen to imply the laboratory's mission was similar to that of the Ernest O. Lawrence's Radiation Laboratory at UC Berkeley; i.e., that it employed scientists to work on nuclear physics research. At the time, nuclear physics was regarded as relatively theoretical and inapplicable to military equipment, as this was before atomic bomb development had begun. Ernest Lawrence was an active participant in forming the Rad Lab and personally recruited many key members of the initial staff.

The court turned to the Quanta decision and found it inapplicable to the present issues. "'Quanta did not involve a patentee's sale at all, let alone one subject to a restriction or, more particularly, a single-use/no-resale restriction." Rather, Quanta involved a patentee's (LGE's) license to a manufacturer (Intel) that sold to the accused infringer (Quanta). LGE had not limited Intel's license to manufacture the patented product, although it imposed contractual obligations on Intel.

Zdanok, supra, the court made the following statement regarding courts in unincorporated territories: > Upon like considerations, Article III has been viewed as inapplicable to > courts created in unincorporated territories outside the mainland, Downes v. > Bidwell, 182 U.S. 244, 266 -267; Balzac v. Porto Rico, 258 U.S. 298, 312 > -313; cf. Dorr v. United States, 195 U.S. 138, 145 , 149, and to the > consular courts established by concessions from foreign countries, In re > Ross, 140 U.S. 453, 464-465, 480.

Along the same lines, Black psychologists like Guthrie argue that the discipline of psychology was also developed from a predominantly White framework. The theories and findings that originate from this framework is then applied to Black populations. Because Black psychology stems from a completely different framework, that is from an African philosophy, many of these findings end up creating norms that are inapplicable to Black people. Moreover, psychological research is often done on samples drawn from Westernized populations.

In geology, a complex is a lithodemic unit consisting of two or more lithodemes of more than one genetic class (metamorphic, igneous or sedimentary). The law of superposition is inapplicable to intrusive, highly deformed, or metamorphic bodies of rock lacking discernible stratification. Such bodies of rock are described as lithodemic and are determined and delimited based on rock characteristics. The 1983 North American Stratigraphic Code adopted the formal term lithodeme, which is comparable to a formation.

Another obiter dictum of the Court concerns Article 8 of the EU Fundamental Rights Charter: > Regard being had to Article 8 of the Charter, therefore, the Court would no > longer consider that the right to marry enshrined in Article 12 must in all > circumstances be limited to marriage between two persons of the opposite > sex. Consequently, it cannot be said that Article 12 is inapplicable to the > applicants' complaintpara 61 of the Judgment Judge Malinverni in his concurrence has objected to this obiter dictum: > Article 12 is inapplicable to persons of the same sex. Admittedly, in > guaranteeing the right to marry, Article 8 of the Charter of Fundamental > Rights of the European Union deliberately omitted any reference to men and > women, since it provides that “the right to marry and to found a family > shall be guaranteed in accordance with the national laws governing the > exercise of these rights”. In my opinion, however, no inferences can be > drawn from this as regards the interpretation of Article 12 of our > Convention.

Wolfe believed that the buildings of the International Style and Modern Architecture could barely be appreciated by those who had to work in them. Wolfe's critique, however, was not purely aesthetic. As in The Painted Word Wolfe was critical of what he saw as too much adherence to theory. Wolfe characterized the architecture as based on a political philosophy that was inapplicable to America, arguing, for example, that it was silly to model American schools on "worker's flats" for the proletariat.

This allowed the upper middle class and the elite senior administrative bureaucracy in Budapest wide room to maneuver. Nevertheless, Kamermayer had to raise numerous jurisdictional conflicts with the national cabinet during the governance of the powerful and charismatic Prime Minister Kálmán Tisza (1875–1890). He argued that several elements of the administrative law were inapplicable to Budapest's conditions. Above all, every document issued by the local government council had to be signed by Kamermayer himself which made the smooth flow of administration difficult.

The effect of the invalidation of section 23 of the Act was that the customary-law rules governing succession were inapplicable, including the customary-law rule of primogeniture attacked in the Bhe and Shibi cases.Para 74. According to the customary law of succession, an heir did not merely succeed to the assets of the deceased. This was because succession was concerned not primarily with the distribution of the estate of the deceased, but rather with the preservation and perpetuation of the family unit.

It is due to Sion and Wolfe. Zero-sum games with a finite number of pure strategies are known to have a minimax value (originally proved by John von Neumann) but this is not necessarily the case if the game has an infinite set of strategies. There follows a simple example of a game with no minimax value. The existence of such zero-sum games is interesting because many of the results of game theory become inapplicable if there is no minimax value.

Disney, which owned Buena Vista, filed a counterclaim for copyright infringement in response to the suit. The Court observed that the doctrine is yet to be affirmatively expressed by the United States Supreme Court and that the licensing terms were reasonable. Accordingly, the Court ultimately ruled that the doctrine was inapplicable to the factual matrix of this case. This case has assumed significance because it was decided in a circuit wherein Redbox sued three major studios, namely Universal, Walter and Fox.

Realism's position is that ethics are secondary, or inapplicable to the affairs of international politics and believes in the primacy of self-interest over moral principle. The pursuit of self-interest by states is viewed as a right, or duty, making it a principle for Realists to uphold.Nardin and Mapel, Traditions of International Ethics (Cambridge Studies in International Relations), Ch 4 From their standpoint, the international environment is perpetually anarchic and competitive over resources. There is no overarching authority over states.

Since the envisaged research ships William Scoresby, Dana and George Bligh were inapplicable or unavailable respectively, the offer of the Egyptian government to take the "Mabahiss" was accepted. The Mabahiss left Alexandria on September 3, 1933 and returned on Mai 25, 1934. During this period she covered the Red Sea, Bay of Biscay, Indian Ocean, and the Gulf of Oman—more than 22,000 nautical miles (41,000 km) whereas chemical, physical and biological assays were taken. The scientific leadership ran Seymour Sewell.

The Supreme Court ruled that under Title VII of the Civil Rights Act of 1964, if such tests disparately impact ethnic minority groups, businesses must demonstrate that such tests are "reasonably related" to the job for which the test is required. Because Title VII was passed pursuant to Congress's power under the Commerce Clause of the Constitution, the disparate impact test later articulated by the Supreme Court in Washington v. Davis, 426 US 229 (1976) is inapplicable. (The Washington v.

On June 26, 1911, the committee reported that Gompers was guilty of violating the injunction. Rules to show cause were issued that day requiring each of the defendants to show why they should not be adjudged to be in contempt and be punished for it. Gompers pleaded the statute of limitations and not guilty to most of the charges. A trial took place, the statute of limitations was held inapplicable, and Gompers was found guilty and sentenced to prison for 12 months.

Since 1945, the privilege of freedom from arrest in civil cases has arisen in only two cases: Stourton v Stourton (1963) and Peden International Transport, Moss Bros, The Rowe Veterinary Group and Barclays Bank plc v Lord Mancroft (1989). In the latter most recent case, the trial judge considered the privilege obsolete and inapplicable, and said in proceedings, "the privilege did not apply—indeed ... it is unthinkable in modern times that, in circumstances such as they are in this case, it should".

Hunt v T&N; plc, [1993] 4 S.C.R. 289 is a landmark decision of the Supreme Court of Canada on conflict of laws. The Court ruled that the Quebec law prohibiting the removal of company documents from the province was constitutionally inapplicable to a British Columbia court order. The decision was significant in that it affirmed much of the reasoning from Morguard Investments Ltd. v. De Savoye (1990) and further held that the principles first identified in Morguard are fundamental to the constitution.

Bdelloidea is a class of the phylum Rotifera, consisting of three orders: Philodinavida, Philodinida and Adinetida. These orders are divided into four families and about 450 species. Since these organisms are asexual the usual definition of a species as a group of organisms capable of creating fertile offspring is inapplicable, therefore the species concept in these organisms is based on a mixture of morphological and molecular data instead. DNA studies suggest that the diversity is much greater than the original morphological classifications suggest.

Few explanations were suggested to explain these phenomena. It was argued that they are heavily dependent on density and less on numerosity. Also, it was suggested that numerosity may be correlated with kurtosis and that the results may be better explained in terms of texture density such that only dots falling within the spatial region where the test is displayed effectively adapt the region. However, as the display in the original experiments was of spots uniformly either white or black, the kurtosis account is inapplicable.

Since ProxmapSort is not a comparison sort, the Ω(n log n) lower bound is inapplicable. Its speed can be attributed to it not being comparison-based and using arrays instead of dynamically allocated objects and pointers that must be followed, such as is done with when using a binary search tree. ProxmapSort allows for the use of ProxmapSearch. Despite the O(n) build time, ProxMapSearch makes up for it with its O(1) average access time, making it very appealing for large databases.

The court ruled that this constituted a substantial degradation of the effectiveness of the directive, which was intended to lower barriers to trade, and that the Belgian government's breach of the directive made the Belgian law inapplicable to individuals.Craig, De Burca, p. 297 This concept was especially important in the field of contracts. The Court of Justice stated that a substantial procedural defect in implementing a directive could nullify a national law in the context of a contract,In the case of Unilever Italia SpA v.

The Court announced its decision in July, near the end of term. Harry Blackmun wrote for a five- justice majority that affirmed the First Circuit's holding that the statutory claims were arbitrable and reversed it by holding the antitrust claims arbitrable as well. John Paul Stevens' lengthy dissent argued primarily that the arbitration clause was inapplicable to the dispute, and the precedent against arbitrating antitrust claims was far stronger than the majority represented it to be. Justice Lewis Powell took no part in the case.

So, in this sample of 66 observations, only 2 outliers cause the central limit theorem to be inapplicable. Image:speedOfLight.png Robust statistical methods, of which the trimmed mean is a simple example, seek to outperform classical statistical methods in the presence of outliers, or, more generally, when underlying parametric assumptions are not quite correct. Whilst the trimmed mean performs well relative to the mean in this example, better robust estimates are available. In fact, the mean, median and trimmed mean are all special cases of M-estimators.

' This defense was overruled. The court of appeals stated that 'so far as appears from the record, no claim was filed by the shipper,' but deemed the provision to be inapplicable. Id. p. 149\. There are only two questions presented here, and these are thus set forth in the brief of the plaintiff in error: '1st. That the plaintiff's exclusive remedy was against the initial carrier, the Baltimore & Ohio Southwestern Railroad Company, under the Carmack amendment of 20 of the Hepburn bill [34 Stat.

The court held the Act inapplicable, but noted: > It is certain that if [25 U.S.C. § 177] is applicable ... the mere > 'expressed consent' of Congress would be vain and idle. For § 177 at the > very least contemplates the assent of the Indian nation or tribe. ... [I]t > follows that the mere consent of Congress, however express and specific, > would avail nothing. Therefore, if § 177 is applicable ... the result would > be that the Tuscarora lands, however imperative for the project, could not > be taken at all.

However, Saskatchewan happened to have different hours during which one could make a free telephone call to directly obtain duty counsel. The arrest occurred at a time when it was not available; therefore the right established in Bartle was inapplicable in this case, as it would have been of no use. Still, the Supreme Court ordered a new trial. As the Court wrote, the Crown counsel's actions during jury selection "were nothing short of a flagrant abuse of process and interference with the administration of justice".

They asserted this right, and refused to answer questions. However, Ohio law provided them immunity from prosecution, so the right against self- incrimination was inapplicable, and they were subsequently prosecuted for their failure to answer questions. The Supreme Court overturned three of the four convictions based on the doctrine of entrapment by estoppel. (The fourth refused to state his address, at which point the committee expressed the view that the right against self-incrimination did not apply to that question.) As described in United States v.

4Q41, one of the Dead Sea Scrolls. The Literary Imagination in Jewish Antiquity is a monograph by Eva Mroczek, a scholar of ancient Judaism. Published by Oxford University Press in 2016, it argues that modern concepts of the Bible and even of the book itself—which refer to texts that are generally stable, finalized and/or definitive—are inapplicable to the Second Temple era of Judaism. The book suggests that scholars should avoid employing contemporary ideas of authorship in their studies of early Jewish texts.

Go proverbs are traditional proverbs relating to the game of Go, generally used to help one find good moves in various situations during a game. They are generalisations and thus a particular proverb will have specific situations where it is not applicable. Knowing when a proverb is inapplicable is part of the process of getting stronger as a Go player. Indeed, several proverbs contradict each other—however they agree in as much as they are advising the player to pay attention to the stated situation.

The ISO SQL implementation of Null is the subject of criticism, debate and calls for change. In The Relational Model for Database Management: Version 2, Codd suggested that the SQL implementation of Null was flawed and should be replaced by two distinct Null-type markers. The markers he proposed were to stand for "Missing but Applicable" and "Missing but Inapplicable", known as A-values and I-values, respectively. Codd's recommendation, if accepted, would have required the implementation of a four-valued logic in SQL.

The inclusion of Article 25 was approved by Curzon on 31 March 1921, and the revised final draft of the mandate was forwarded to the League of Nations on 22 July 1922. Article 25 permitted the mandatory to "postpone or withhold application of such provisions of the mandate as he may consider inapplicable to the existing local conditions" in that region. The final text of the Mandate includes an Article 25, which states: > In the territories lying between the Jordan [river] and the eastern boundary > of Palestine as ultimately determined, the Mandatory shall be entitled, with > the consent of the Council of the League of Nations, to postpone or withhold > application of such provisions of this mandate as he may consider > inapplicable to the existing local conditions, and to make such provision > for the administration of the territories as he may consider suitable to > those conditions. The new article was intended to enable Britain "to set up an Arab administration and to withhold indefinitely the application of those clauses of the mandate which relate to the establishment of the National Home for the Jews", as explained in a Colonial Office letter three days later.

This method can be used where the deviation of the input and output signals in a network stay within a substantially linear portion of the non-linear devices transfer function, or else are so small that the curve of the transfer function can be considered linear. Under a set of these specific conditions, the non-linear device can be represented by an equivalent linear network. It must be remembered that this equivalent circuit is entirely notional and only valid for the small signal deviations. It is entirely inapplicable to the dc biasing of the device.

During his testimony, Thomson "successively ruled out as inapplicable to Scull each of the subjects which the Legislature had authorized the Committee to investigate."Scull, 359 U.S. at 350-351, quoted at 351. Nor did the state circuit court's instructions to Scull clarify matters. Black noted that the circuit court did not analyze any of the 31 questions put to Scull, did not explain to Scull what the subject of the committee's inquiry was, and did not explain how these questions related to that inquiry.Scull, 359 U.S. at 352.

Clausula rebus sic stantibus (Latin for "things thus standing") is the legal doctrine allowing for a contract or a treaty to become inapplicable because of a fundamental change of circumstances. In public international law the doctrine essentially serves an "escape clause" to the general rule of pacta sunt servanda (promises must be kept). Because the doctrine is a risk to the security of treaties, as its scope is relatively unconfined, the conditions in which it may be invoked must be carefully noted.Peter Malanczuk, Akehurst's Modern Introduction to International Law, 7th rev.

Williamson County's "state procedures" ripeness requirement has proven to be highly controversial. It has been complained that the Court decided this question without adequate briefing,See the requirement of pursuing compensation from the state is not logically inherent in the text of the Fifth Amendment,See . the rule derives from procedural due process considerations that are inapplicable to takings claims,See Breemer (2006) at 295-97. and that principles of res judicata and collateral estoppel may bar a plaintiff's claim from federal court after complying with Williamson County's procedures to "ripen" the claim.

Economist Tyler Cowen has criticized her ideas for not addressing problems of scale or infrastructure, and suggests that economists disagree with some of her approaches to development. For example, although her ideas of planning were praised at times as "universal", they are now thought inapplicable when a city grows from one million to ten million (as has happened many times in developing nations). Such arguments suggest that the ideas apply only to cities with similar issues to those of New York, where Jacobs developed many of her ideas.

In particular, when he found Austrian farmers feared the techniques and technology used in America on much larger American farms was inapplicable to their much smaller farms Tressler found ways to show how those techniques could be adapted to Austrian farms. When Tressler turned to directing feature films, many of them shared themes of youthful rebellion. His 1956 film Die Halberstarken/Teenage Wolfpack was one of the most popular films in Austria. He directed nearly 80 movies during his lifetime, including The Death Ship (1959) with Horst Buchholz and Mario Adorf.

The verdict was later confirmed by the Ecuador Supreme Court in 2013, though the amount was reduced to $9.5 billion. Despite having previously insisted to move the process from the New York Court to Ecuadorian tribunals and having accepted jurisdiction there, Chevron Corporation has refused to pay the judgement claiming that the decision was “illegitimate and inapplicable”. Courtrooms and arbitrations outside Ecuador subsequently made rulings on the case, generally finding in Chevron's favour. In 2015, a key witness for Chevron admitted that his testimony, about the Ecuadorian verdict being coerced, was itself coerced.

When Italy entered the First World War in May 1915, Critica Sociale did not lose its neutrality nor did it lose its reformist ideals when faced with the Bolshevik Revolution in October 1917. While not denying the legitimacy of Vladimir Lenin's revolutionary method, Critica Sociale editors argued it was inapplicable to the Italian situation. But from 1917, the positions of the two wings the PSI became intractable. At the Livorno Conference of January 1921, the nascent Marxist-Leninist wing led by Amadeo Bordiga left the PSI to become the Italian Communist Party.

He also condemned Social Darwinism as an erroneous generalisation of Darwin's Theory of Evolution. In the early years of the reign of Alexander II, Pobedonostsev maintained, though keeping aloof from the Slavophiles, that Western institutions were radically bad in themselves and totally inapplicable to Russia since they had no roots in Russian history and culture and did not correspond to the spirit of Russian people. In that period, he contributed several papers to Alexander Herzen's radical periodical Voices from Russia. He denounced democracy as "the insupportable dictatorship of vulgar crowd".

Caterpillar, Inc., 262 F.3d 1083, 1087 (10th Cir. 2001 ) (counsel should not sandbag Daubert concerns until close of opponent's case; however, appellate court did not reach issue of late filing of motion because district court chose to address defendant's Daubert objections on merits, rather than deeming them waived); Pullman v. Land O'Lakes, Inc., 262 F.3d 759, 763 (8th Cir. 2001) (appellate court noted with disapproval that defendant failed to bring Daubert motion until shortly before the trial began; Daubert inapplicable to experimental test evidence not presented by expert witnesses).

Proponents of EVM note a number of issues with implementing it, and further limitations may be inherent to the concept itself. Because EVM requires quantification of a project plan, it is often perceived to be inapplicable to discovery-driven or Agile software development projects. For example, it may be impossible to plan certain research projects far in advance, because research itself uncovers some opportunities (research paths) and actively eliminates others. However, another school of thought holds that all work can be planned, even if in weekly timeboxes or other short increments.

According to David Godman, Ramana Maharshi taught that the idea of reincarnation is based on wrong ideas about the individual self as being real. Ramana Maharshi would sometimes say that rebirth does exist, to step forward to those who were not able to fully grasp the non-reality of the individual self. But when this illusoriness is realised, there is no room any more for ideas about reincarnation. When the identification with the body stops, any notions about death and rebirth become inapplicable, since there is no birth or death within Self.

In a 2008 case, the Court of Appeal found that the Registrar of Vehicles had not fettered her discretion by abdicating her statutory power. In Komoco Motors, the Court of Appeal held that the Registrar of Vehicles had not abdicated to the Customs her discretionary power. Expressing the view of the Court, Chief Justice Chan Sek Keong held that the Lines International conditions "although correct in law, [were] inapplicable to the factual context of the appeal". The Court distinguished the factual context in Lines International from the present case on two bases.

In 1828, Charles Lyell incorporated a Tertiary Period into his own, far more detailed system of classification. He subdivided the Tertiary Period into four epochs according to the percentage of fossil mollusks resembling modern species found in those strata. He used Greek names: Eocene, Miocene, Older Pliocene, and Newer Pliocene. Although these divisions seemed adequate for the region to which the designations were originally applied (parts of the Alps and plains of Italy), when the same system was later extended to other parts of Europe and to America, it proved to be inapplicable.

While a number of neuroimaging findings are consistently reported in people with major depressive disorder, the heterogeneity of depressed populations presents difficulties interpreting these findings. For example, averaging across populations may hide certain subgroup related findings; while reduced dlPFC activity is reported in depression, a subgroup may present with elevated dlPFC activity. Averaging may also yield statistically significant findings, such as reduced hippocampal volumes, that are actually present in a subgroup of subjects. Due to these issues and others, including the longitudinal consistency of depression, most neural models are likely inapplicable to all depression.

Weiss made the first exegesis of the Gospels from an perspective of consistent eschatology. According to Weiss, the "Kingdom of God" was Jesus' understanding of an imminent end to history, and all continuous ethical teachings were additions made by the early Church to make Jesus' teaching relevant when the end of the world did not come about immediately. This greatly influenced several generations of Biblical scholars. As a corollary, Weiss believed that the authentic teachings of the historical Jesus would be inapplicable to those who did not hold his first- century apocalyptic worldview.

Amoco appealed the order, disputing the new interpretation of its royalty obligations and arguing that the payment order was in any event barred in part by the six-year statute of limitations. The Assistant Secretary of the Interior denied the appeal and ruled that the statute of limitations was inapplicable. Amoco sought review by the United States District Court for the District of Columbia, which agreed with the Assistant Secretary that the statute of limitations did not apply. The D.C. Circuit Court of Appeals affirmed the district court's ruling.

Like all problems in numerical analysis, careful attention is paid to the stability and convergence of the numerical solutions. In this line, much attention is paid to the gauge conditions, coordinates, and various formulations of the Einstein equations and the effect they have on the ability to produce accurate numerical solutions. Numerical relativity research is distinct from work on classical field theories as many techniques implemented in these areas are inapplicable in relativity. Many facets are however shared with large scale problems in other computational sciences like computational fluid dynamics, electromagnetics, and solid mechanics.

With unvarying growth the doubling calculation may be applied for many doubling periods or generations. In practice eventually other constraints become important, exponential growth stops and the doubling time changes or becomes inapplicable. Limited food supply or other resources at high population densities will reduce growth, or needing a wheel-barrow full of notes to buy a loaf of bread will reduce the acceptance of paper money. While using doubling times is convenient and simple, we should not apply the idea without considering factors which may affect future growth.

Aruba is a "country" () within the Kingdom of the Netherlands, and was until 1986 one of the six islands constituting former "country" the Netherlands Antilles. In the Kingdom, patents are regulated by the "Kingdom patents act" (), which governs the Dutch patent and the legal effect of European patents in the Netherlands (the latter never applied in Aruba). However, as IP-law falls within the competence of the individual countries, Aruba decided to create the Aruban patent from 1 April 1995 and render patent applications for the Dutch patent inapplicable.

In February 2001, the Niles Report proposed an additional four modifications to the causeway project: to either replace the fishway, open the gates during peak fish migration, open the gates permanently, or replace the entire causeway with a bridge.New Brunswick Department of the Environment 2002, p. 3 An Environmental Impact Assessment study was commissioned in 2003 to develop and summarise these options, and on its completion in 2005, it announced the recognition of "Option 3" and "Option 4" as possible solutions. The first option had been ruled out following the evaluation of other fish passage models, which were deemed inapplicable to the river.

The directors of AP Smith Manufacturing, a New Jersey company making fire hydrants in East Orange, approved donation of $1,500 to Princeton University. The shareholders disapproved of the gift and contended that it was a breach of a director's duty to act in the corporation or shareholder interests. Specifically they argued that there was no express authority in the corporation's certificate of incorporation. A New Jersey statute allowed corporations to make charitable donations, so long as the recipient did not own more than 10 per cent of a corporation's stock, but the shareholders argued this was inapplicable if the corporation was incorporated beforehand.

On January 10, 2001 Yahoo! announced that it would not appeal against the ruling in France. It decided to take the case before the United States District Court for the Northern District of California in San Jose, asking it to find that the French ordinance is not effective in the United States. Judge Jeremy Fogel found the decision returned by the Tribunal de grande instance de Paris to be inconsistent with the First Amendment to the Constitution of the United States, relating to freedom of expression, and that consequently it is inapplicable in the United States.

In QED the rescattering of the high energy electron dominates the process, in QCD the emitted gluons carry color charge and interact with the medium also. Since the gluons are soft their rescattering will provide the dominant modification to the spectrum. Lev Landau and Isaak Pomeranchuk showed that the formulas for bremsstrahlung and pair creation in matter which had been formulated by Hans Bethe and Walter Heitler (the Bethe–Heitler formula) were inapplicable at high energy or high matter density. The effect of multiple Coulomb scattering by neighboring atoms reduces the cross sections for pair production and bremsstrahlung.

The Treasury told The Guardian that no UK legislation mentions any such financial service. When asked about the document in 2014, Batten called it "a rough draft which I would like to publish in due course but it's not one of my priorities at the moment. You can't hold me to anything in it." Batten commissioned a document from Sam Solomon, which was first published in 2006; it amounts to a proposed code of conduct, including the rejection of passages in the Qur'an that propose "violent physical Jihad", and that should be considered "inapplicable, invalid and non-Islamic".

In a decision in which a number of justices chose to concur in part and dissent in part, the Court held that the searches and seizures of Coolidge's property were unconstitutional. Justice Stewart's opinion held that the warrant authorizing the seizure of Coolidge's automobile was invalid because it was not issued by a "neutral and detached magistrate." Justice Stewart also rejected New Hampshire's arguments in favor of making an exception to the warrant requirement. Justice Stewart held that neither the "incident to arrest" doctrine nor the "plain view" doctrine justified the search, and that an "automobile exception" was inapplicable.

The Clean Water Act instructs the Environmental Protection Agency to turn over authority under the National Pollution Discharge Elimination System to a state if that state's proposal meets nine listed criteria. Arizona issued such a proposal. The EPA regional office replied with the concern that the transfer might violate the Endangered Species Act, which prohibits agencies from taking actions that might jeopardize endangered species. The EPA consulted the Fish and Wildlife Service, which advised that the Endangered Species Act was inapplicable because the EPA had no authority to consider additional factors beyond the nine Clean Water Act criteria.

Below Jupiter's outer atmosphere, volume fractions are significantly different from mole fractions due to high temperatures (ionization and disproportionation) and high density where the Ideal Gas Law is inapplicable. The abundance of chemical elements in the universe is dominated by the large amounts of hydrogen and helium which were produced in the Big Bang. Remaining elements, making up only about 2% of the universe, were largely produced by supernovae and certain red giant stars. Lithium, beryllium and boron are rare because although they are produced by nuclear fusion, they are then destroyed by other reactions in the stars.

The court considered the rule of the shorter term inapplicable because of the bilateral copyright treaty between Germany and the United States, which had become effective on January 15, 1892 and which was still in effect. That treaty did not contain a rule of the shorter term, but just stated that works of either country were copyrighted in the other country by the other country's laws. The EU member states implemented Directive 93/98/EEC and Directive 2006/116/EC in their national law; however, it is not guaranteed that such national implementations are either "comprehensive or in conformity" with the Directives.

Strict scrutiny would require a law to be the least restrictive means of furthering a compelling government interest. The meaning of neutral law of general applicability was elaborated by the court in 1993. The US Congress responded by passing the Religious Freedom Restoration Act (RFRA), requiring strict scrutiny when a neutral law of general applicability "substantially burden[s] a person's exercise of religion". When the Supreme Court ruled in 1997 that the RFRA was inapplicable to state laws, some states passed their own Religious Freedom Restoration Acts, including the Arizona law that SB 1062 proposed to amend.

1988) but may notify the New Jersey Motor Vehicle Commission of a DUI conviction. In federal enclaves that are under the jurisdiction of other federal departments (e.g. Fish and Wildlife Service), it is unclear if drunk driving could be prosecuted since the Assimilative Crimes Act is inapplicable, and there is no federal law defining DUI on those properties. Under federal law, the drinking age for the Armed Forces is the same as the state or nation where the military base is located, or the drinking age of a state or nation within 50 miles of the base.

Hansen is best known as the developer of the econometric technique generalized method of moments (GMM) and has written and co-authored papers applying GMM to analyze economic models in numerous fields including labor economics, international finance, finance and macroeconomics. This method has been widely adopted in economics and other fields and applications where fully specifying and solving a model of a complex economic environment is unwieldy or inapplicable. Hansen showed how to exploit moment conditions (e.g. relations where conditional expectations are known to be zero at true parameter values) to construct reasonable, reliable estimators (i.e.

This is necessarily the case, as inside the null the magnetic field points one direction and outside the null the magnetic field points the opposite direction. Particles far from the null trace closed cyclotron orbits as in other magnetic fusion geometries. Particles which cross the null, however, trace not cyclotron or circular orbits but betatron or figure-eight- like orbits, as the orbit's curvature changes direction when it crosses the magnetic null. Because the particle's orbits are not cyclotron, models of plasma behavior based on cyclotron motion like magnetohydrodynamics (MHD) are inapplicable in the region around the null.

Recent scholarship from the University of Oxford outlines a new theory of corporate governance, founder centrism, which is premised upon a narrowing in the separation between ownership and control. Through the lens of concentrated equity ownership theory, a new theory of the firm, the traditional checklist of best practices are inapplicable, as evidenced by the significant outperformance of technology companies with dual- class share structures and integrated CEO/Chairman positions: An article published by the Australian Institute of Company Directors called "Do Boards Need to become more Entrepreneurial?" also considered the need for founder centrism behaviour at board level to appropriately manage disruption.

Plaintiffs appeals the district court's dismissal of their claims for negligence and gross negligence arguing: # That § 230(c)(1) of the CDA is inapplicable here because their claims do not implicate MySpace as a 'published' protected by the Act # That MySpace was partially responsible for creating the content of the information that was exchanged between Julie and Solis. # That § 230(c)(2) does not immunize MySpace's failure to take reasonable steps to ensure minor's safety # The court should apply the law of premises liability germane to owners of real property to publishers and Internet service providers operating in the virtual world of cyberspace.

During an interview with David Frost for the Al Jazeera English programme Frost Over The World in March 2009, Ortega suggested that he would like to change the constitution to allow him to run again for president. In Judicial Decision 504, issued on October 19, 2009, the Supreme Court of Justice of Nicaragua declared portions of Articles 147 and 178 of the Constitution of Nicaragua inapplicable; these provisions concerned the eligibility of candidates for president, vice-president, mayor, and vice- mayor—a decision that had the effect of allowing Ortega to run for reelection in 2011.

In the 1990s, Moynihan was frequently characterized as a fascist or neo-fascist by some critics and fans. Moynihan accepted these descriptions with reservations,Interview in the "Heretic" magazine, #10, October 1994: "I would not say fascism wraps up my worldview completely, but it is a step in the right direction"; interview in "Compulsion Online": "if fascism returns to this world a sense for order, discipline and responsibility, I am absolutely in favour" but in the 2000s dismissed them as inapplicable buzzwords used by "anti-this and anti-that activist types" and denounced the far-right.

According to Myers, North Korean government propaganda portrays South Korea as a land polluted by foreign domination, particularly by the permanent presence of U.S. soldiers. Anti-Americanism is the cornerstone of North Korean foreign policy. Similarly, internal propaganda within North Korea portrays U.S. humanitarian efforts such as food aid as signs of U.S. cowardice and make no distinction "between 'good' American workers and 'bad' American capitalists" as the Soviet Union's regime in the Cold War did. He laments that North Koreans openly flout the "dictates of an impure world" as inapplicable to the pure Korean race.

Footnote five illustrates this position: > deference can be inapplicable for only three reasons: (1) the statute is > unambiguous, so there is no room for administrative interpretation; (2) no > interpretation has been made by personnel of the agency responsible for > administering the statute; or (3) the interpretation made by such personnel > was not authoritative, in the sense that it does not represent the official > position of the expert agency. All of these reasons preclude Skidmore > deference as well. . . . Chevron establishes a presumption that ambiguities > are to be resolved (within the bounds of reasonable interpretation) by the > administering agency. Christensen, 529 U.S. at n.5.

It has been argued that section 28 can ensure that Aboriginal and treaty rights be guaranteed equally to Aboriginal men and women. On the one hand, section 28 might be seen as ensuring only rights guaranteed by the Charter are held equally by men and women. In this case section 28 is inapplicable to Aboriginal rights, since Aboriginal rights are protected by section 35 of the Constitution Act, 1982 rather than the Charter (which constitutes sections 1-34 of the Constitution Act, 1982). However, while the Charter does not guarantee Aboriginal rights, section 25 does mention Aboriginal rights.

After Czarnik filed an amended complaint, Illumina filed a motion to dismiss. Illumina argued that Czarnik lacked standing to bring his claim under 35 U.S.C. § 256; in the alternative, Defendant argued that 35 U.S.C. § 256 is inapplicable to pending patent applications. Illumina also argued that there was no case or controversy on which a declaratory judgment action could be based and that Czarnik had failed to state a claim for fraud under Delaware law. The district court first explained that a plaintiff must meet the standing requirements of Article III of the U.S. Constitution in order to bring a claim in federal court.

An investigation conducted by the office of the Prosecutors General of the Soviet Union (1990–1991) and the Russian Federation (1991–2004) confirmed Soviet responsibility for the massacres, but refused to classify this action as a war crime or as an act of mass murder. The investigation was closed on the grounds the perpetrators were dead, and since the Russian government would not classify the dead as victims of the Great Purge, formal posthumous rehabilitation was deemed inapplicable. In November 2010, the Russian State Duma approved a declaration blaming Stalin and other Soviet officials for ordering the massacre.

2009): Considering a speedy-trial challenge to a sentence imposed 15 years after conviction, Cabranes, writing for a unanimous panel, held that the Speedy Trial Clause of the Sixth Amendment to the Constitution applies to trials only, not to sentencing proceedings. Although the Sixth Amendment was inapplicable to the appellant's sentencing, Cabranes held that the Due Process Clause of the Fifth Amendment did apply to sentencing proceedings. Because the 15-year delay in sentencing was not justified by any legitimate reason and was prejudicial, the sentence violated the Due Process Clause. United States v. Rigas, 583 F.3d 108 (2d Cir.

Many countries criminalized "non-traditional" forms of sexual activity well into the modern era: notably, in the US state of Idaho, sodomy between consensual partners was punishable by a term of five years to life in prison as late as 2003, and this law was only ruled to be inapplicable to married couples in 1995. Today, in many countries, the definition of the actus reus has been extended to all forms of penetration of the vagina and anus (e.g. penetration with objects, fingers or other body parts) as well as insertion of the penis in the mouth.

Justice O'Connor joined the majority opinion and also wrote a brief separate concurrence. O'Connor argued that the Court was correct to hold the Fourth Amendment inapplicable in prison cells because "prison searches are the categorically reasonable products of necessarily ad hoc judgments of prison officials maintaining prison safety." She also responded directly to Justice Stevens' assertion in dissent that Fourth Amendment seizure protections were implicated by the case, arguing that Palmer had no seizure claim because "the exigencies of prison life authorize officials indefinitely to dispossess inmates of their possessions without specific reason."468 U.S. at 539.

Only one of the three, the non-waiver provision, was identical in both statutes. Furthermore, the 1934 Act limited jurisdiction to federal courts and allowed for only an implied cause of action rather than an express one, resulting in a higher burden of proof for a plaintiff making allegations under the same sections as Byrd. Therefore, the 1934 Act's non-waiver language was inapplicable since it explicitly referred to "any provision of this chapter" and could not thus cover the 1933 Act as well. White reminded his colleagues that the Court had acknowledged this in its 1974 majority opinion in Scherk v.

However, the "limited monists" held that only such published treaties are self-executing and that thus Article 93 is the basis for all treaty monism; to appease them government stated that the article should in any case be read as covering also the treaties conferring rights on the citizen and imposing duties upon government. The unintended result was that government might thus in principle withhold rights to the citizen by not publishing the treaty. Article 94 determines that legal prescripts are inapplicable if they conflict with treaties of a generally binding nature. This means that laws can be tested against treaty norms and obligations.

Lewis believed that fugacity was the fundamental principle from which a system of real thermodynamic relations could be derived. This hope was not realized, though fugacity did find a lasting place in the description of real gases. Lewis’ early papers also reveal an unusually advanced awareness of J. W. Gibbs's and P. Duhem's ideas of free energy and thermodynamic potential. These ideas were well known to physicists and mathematicians, but not to most practical chemists, who regarded them as abstruse and inapplicable to chemical systems. Most chemists relied on the familiar thermodynamics of heat (enthalpy) of Berthelot, Ostwald, and Van’t Hoff, and the calorimetric school.

The architectural firm that had earlier designed those plans then sued for copyright infringement, and eventually won a jury verdict and a judgment in the district court for over $1.3 million—essentially all the profits made from the now-complete condominium project. The district court dismissed the affirmative defense based on Veeck. The defendant corporation that had built the condominium subdivision appealed. On appeal, the First Circuit held that the covenant and its drawings were not equivalent to the village zoning law nor was the village's vote to approve the restrictive covenant, incorporating by reference the drawings; it therefore held Veeck inapplicable and affirmed the judgment.

The principle that an implied condition that ceases to exist voids the contract stems from the case of Taylor v Caldwell, which, in turn, was borrowed from Roman law. The principle was extended, in later cases, to situations in which an underlying condition that was essential to the performance of the contract, rather than simply being a necessary condition, ceases to exist. Vaughan Williams LJ held that such a condition (here, the timely occurrence of the coronation proceeding) need not be explicitly mentioned in the contract itself but rather may be inferred from the extrinsic circumstances surrounding the contract. Thus, the parol evidence rule was inapplicable here.

By contrast "private" international law, which is more commonly termed "conflict of laws", concerns whether courts within countries claim jurisdiction over cases with a foreign element, and which country's law applies. A more recent concept is "supranational law", which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system to which the nation has a treaty obligation. Systems of supranational law arise when nations explicitly cede their right to make certain judicial decisions to a common tribunal. The decisions of the common tribunal are directly effective in each party nation, and have priority over decisions taken by national courts.

Reform Judaism has made greater alterations to the traditional service in accord with its more liberal theology including dropping references to traditional elements of Jewish eschatology such as a personal Messiah, a bodily resurrection of the dead, and others. The Hebrew portion of the service is substantially abbreviated and modernized and modern prayers substituted for traditional ones. In addition, in keeping with their view that the laws of Shabbat (including a traditional prohibition on playing instruments) are inapplicable to modern circumstances, Reform services often play instrumental or recorded music with prayers on the Jewish Sabbath. All Reform synagogues are Egalitarian with respect to gender roles.

It governed the application of the other cases, including Reels of Film, which was remanded to the district court to determine if the materials met the new standard of obscenity, which relied on contemporary community standards rather than a national one. Chief Justice Warren Burger wrote for a 5–4 majority, including the two new justices, that Stanley was still inapplicable to the importation of obscene material. "To allow such a claim would be not unlike compelling the Government to permit importation of prohibited or controlled drugs for private consumption as long as such drugs are not for public distribution or sale."Reels of Film, 413 U.S. at 128.

Russia chose to apply the criteria of nationality and publication, declaring the criterion of fixation as inapplicable in its adherence to the treaty.WIPO: Details of the adherence of the Russian Federation to the Rome Convention . URL last accessed 2007-01-23. The Rome Convention is non-retroactive and applies only to phonograms created after and to performances or broadcasts that occurred after a country jointed the convention (article 20). After part IV of the Civil Code had entered in force on January 1, 2008, the Russian Federation also acceded on November 5, 2008 to the WIPO Copyright Treaty WIPO: WIPO Copyright Treaty, Contracting Parties, Russian Federation .

The extent to which a provision is applicable can only be determined by reference to the context within which it is sought to be relied upon. For example, the right of every arrested person to be informed promptly of the right to remain silent is of a nature that makes it generally inapplicable to private arrests. But there may be circumstances in which the right should apply to private arrests. There is no reason why a private security officer, who knows of the existence of the section-35(1)(a) right, or who may reasonably be expected to know of the right, should not observe it.

And before admission, parents have to sign contracts in which they deliver their guardianship of kids partially to the hospital and acknowledge that their kids will receive ECT. Frequently, ECT is employed as a punishment method upon patients who breaks any of the center's rules, including "eating chocolate, locking the bathroom door, taking pills before a meal and sitting on Yang's chair without permission". It is reported in a CCTV-12 segment that a DX-IIA electroconvulsive therapy machine is utilized to correct Internet addiction. The machine was, later on, revealed to be illegal, inapplicable to minor and can cause great pain and muscle spasm to recipients.

They were able to answer a request for a prototype in under a week because it resembled an experimental loudspeaker that the department had already developed for some preliminary acoustic scaling tests. The speaker had to be voiced by ear an octave at a time, because scale test results were inapplicable to a model of this size. Engineers took measurements; comparisons were performed against the LS5/8 – a large "Grade I monitor" already in use at the time – and with live sources. In 1970 engineers came up with the LS3/5, built using the KEF B110 (A6362) and the KEF T27 (A6340) drive units, and a 9-ohm crossover filter.

" Noel Malcolm states that it only referred to countries where the majority of population was practising Muslim, stating that the "entire discussion of the nature of an Islamic political system is inapplicable to Bosnia. Vjekoslav Perica meanwhile states that it called on Muslims to demand a state of their own, once they became the majority in a country, organized according to Islamic laws and norms. The Islamic order envisaged in it endeavours to prohibit "alcoholic intoxication of the people", public and secret prostitution, all forms of pornography, casinos, night and dancing clubs as well as other forms of entertainment incompatible with Islamic moral precepts.

Because the punishment is temporary, the "Problem of Hell" in the Christian sense is inapplicable in Judaism. Jewish religious thinking has traditionally held, even among different schools ranging from Jewish Orthodox teachings to Reform Jewish thinking to Conservative Jewish thinking and more, that "The righteous of all peoples have a place in the World-To-Come", in the words of the Talmud, with humanity as a whole being "saved". Thus, rabbinical scholars have broadly held the inclusive view that the vast majority of people in existence, both Jewish and gentile, will be reconciled with God in the afterlife given the power of his grace and the fundamental goodness of humanity.

The court concluded that since federal law did not apply, and because nothing in the Berne Convention (which is inapplicable to sound recordings anyway) or the Rome Convention usurped the State of New York's law, the works were under copyright pursuant to New York common lawwhile the Uruguay Round Agreements Act and US statutes did not, and had never, offered protection to these works; the fact that they were not under copyright in the UK as of 1996 was completely irrelevant.Judge Graffeo: Capitol Records, Inc. v. Naxos of America, Inc., 4 N.Y.3d 540, United States Court of Appeals for the Second Circuit, 2005.

However, in the UK at least, common- law marriage has been abolished and there are no rights available unless a couple marries or enters into a civil partnership. In all cases, a married person cannot become eligible for common law timeframe until divorced from any previous spouse. In some cases couples living together do not wish to be recognised as married, such as when pension or alimony rights are adversely affected, or because of taxation consideration, or because of immigration issues, and for many other reasons. Usually, consent forms the basis of such relationships that are not really marital, with authoritative property laws being inapplicable.

103 The respondent, the Foreign & Commonwealth Office (FCO), argued that the English courts had no jurisdiction over the case, since the Crown is divisible amongst its territories, and the BIOT had its own courts. According to the FCO, Magna Carta, as a British constitutional document, was inapplicable to the Chagos Islands. They also maintained that "make laws for the peace, order and good government of the Territory" gave the Commissioner a wide enough jurisdiction to account for the order forcibly removing the Chagossians, and that the court could not decide in such a way as to force the government to break its treaty with the United States.Nauvel p.

This 1960 paper, along with his 1937 paper on the nature of the firm (which also emphasizes the role of transaction costs), earned Ronald Coase the 1991 Nobel Memorial Prize in Economic Sciences. In this 1960 paper, Coase argued that real-world transaction costs are rarely low enough to allow for efficient bargaining and hence the theorem is almost always inapplicable to economic reality. Since then, others have demonstrated the importance of the perfect information assumption and shown using game theory that inefficient outcomes are to be expected when this assumption is not met. In his later writings, Coase expressed frustration that his theorem was often misunderstood.

A 1934 Standard 10/12 Speedline The Standard Ten was a model name given to several small cars produced by the British Standard Motor Company between 1906 and 1961. The name was a reference to the car's fiscal horsepower, a function of the surface area of the pistons. This system quickly became obsolete as an estimate of the power produced by the engine, but it continued to be relevant as a way to classify cars for tax purposes. Like other manufacturers, Standard continued to use the name to define the approximate size of their 'Ten' model long after the origins of the name had, in Britain, become inapplicable.

Finally, Defendants filed a motion to dismiss for failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(6). The Texas District Court dismissed with prejudice Plaintiffs' negligence and gross negligence claims, finding that Plaintiffs' claims were barred by the Communications Decency Act (CDA) § 230 and Texas common law. Plaintiffs withdrew their claims for fraud and negligent misrepresentation; thus the District Court dismissed those claims without prejudice. Thereafter, Plaintiffs appealed the District Court's decision on their negligence and gross negligence claim, arguing that § 230 is both inapplicable and further does not fully immunize MySpace from taking reasonable steps to ensure a minors' safety.

Folk psychology remains the subject of much contention in academic circles with respect to its scope, method and the significance of its contributions to the scientific community. A large part of this criticism stems from the prevailing impression that folk psychology is a primitive practice reserved for the uneducated and non-academics in discussing their everyday lives. There is significant debate over whether folk psychology is useful for academic purposes; specifically, whether it can be relevant with regard to the scientific psychology domain. It has been argued that a mechanism used for laypeople's understanding, predicting, and explaining each other's actions is inapplicable with regards to the requirements of the scientific method.

First, the tenet > that a court must accept as true all of the allegations contained in a > complaint is inapplicable to legal conclusions. ... Second, only a complaint > that states a plausible claim for relief survives a motion to dismiss. > Determining whether a complaint states a plausible claim for relief will, as > the Court of Appeals observed, be a context-specific task that requires the > reviewing court to draw on its judicial experience and common sense. In > keeping with these principles a court considering a motion to dismiss can > choose to begin by identifying pleadings that, because they are no more than > conclusions, are not entitled to the assumption of truth.

The two countries however could not come to an agreement over the payment of development charges to be levied by the Singapore government for the POA land in Tanjong Pagar, Kranji and Woodlands. Development charge is a tax on the enhancement in land value resulting from the approval of a higher value development proposal. Malaysia believes the POA renders the charge inapplicable to these three parcels, but agreed to the tax for the Bukit Timah parcels which were not covered in the POA. Singapore on the other hand believes it still applies and must be considered to determine a land swap of equivalent value.

The defensive spectrum is: Designated hitter – First baseman – Left fielder – Right fielder – Third baseman – Center fielder – Second baseman – Shortstop – Catcher – Pitcher In some versions of the defensive spectrum, pitcher and catcher are not included, since certain defensive demands of those positions are so specialized as to be inapplicable to players at other positions. The designated hitter is sometimes omitted since he is technically not part of the "defense" at all. As an example of the concept in action, players who are drafted by Major League Baseball teams as shortstops are far more likely to ultimately end up at a different position than players who are drafted as first basemen.

Following the court's decision, thirty-five members of Congress sent a letter to French President Jacques Chirac to ask for Einhorn's extradition. However, under France's doctrine of the separation of powers, which was invoked in this case, the President cannot give orders to courts and does not intervene in extradition affairs. Therefore, in 1998, to secure Einhorn's extradition, the Pennsylvania legislature passed a bill, nicknamed the "Einhorn Law", allowing defendants convicted in absentia to request another trial. In another delay tactic, Einhorn's attorneys criticized the bill as unconstitutional and tried to get the French courts to once again deny the extradition on the grounds that the law would be inapplicable.

The Talmud. interprets the verses referring to "an eye for an eye" and similar expressions as mandating monetary compensation in tort cases and argues against the interpretations by Sadducees that the Bible verses refer to physical retaliation in kind, using the argument that such an interpretation would be inapplicable to blind or eyeless offenders. Since the Torah requires that penalties be universally applicable, the phrase cannot be interpreted in this manner. However, the Torah also discusses a form of direct reciprocal justice, where the phrase ayin tachat ayin makes another appearance.. Here, the Torah discusses false witnesses who conspire to testify against another person.

A colonial court of admiralty was established in the British Ceylon in 1891 under the Ceylon Courts of Admiralty Ordinance under the provisions of the Colonial Courts of Admiralty Act 1890 (UK) to deal jurisdiction over all admiralty and maritime actions. With Ceylon gaining self rule in 1948, jurisdiction over admiralty matters were transferred to the Supreme Court of Ceylon as the Ceylon Independence Act 1947 (UK) made provisions of the Admiralty Act inapplicable. In Sri Lanka today, admiralty jurisdiction is exercised by the High Court of Colombo, having had the jurisdiction transferred to it from the Supreme Court under the provisions of the Judicature Act No.2 of 1978.

This summary is based largely on the summary provided by the Congressional Research Service, a public domain source. The North Texas Invasive Species Barrier Act of 2014 would make the Lacey Act Amendments of 1981 and provisions of the federal criminal code prohibiting importation of injurious animals inapplicable to any water transfer by the North Texas Municipal Water District and the Greater Texoma Utility Authority using only closed conveyance systems from the Lake Texoma raw water intake structure to treatment facilities at which all genera and species prohibited in accordance with such Act and the criminal code provision are extirpated and removed from the transferred water.

Eyre, son of the Rev. Ambrose Eyre, rector of Leverington and Outwell, Cambridgeshire, was born 20 May 1767 and entered Merchant Taylors' School when ten years old. In 1785 he was appointed exhibitioner—first on Parkin's and afterwards on Stuart's foundation—at Pembroke Hall, Cambridge, but left the university without graduating to join a theatrical company. After having had considerable provincial experience as a comedian, he made his first appearance at Drury Lane Theatre in 1806 in the character of Jaques in As You Like It. He is said to have been a 'respectable rather than a great actor', but the former epithet is inapplicable to his domestic life.

Purolator Air Filtration Product Co., 23 Cal.4th 163, 179 (2000). For example, in competitor-vs.-competitor lawsuits, the defendant may assert unclean hands if it believes the plaintiff has engaged in serious misconduct that relates to the subject of relief being sought. In other words, a “plaintiff must not behave inequitably with respect to the rights being asserted in the case.” WILLIAM M. TABB & ELAINE W. SHOBEN, REMEDIES 52 (Thomson West 2005). Because the UCL is a strict liability statute, other equitable defenses such as “good faith, mistake of law and lack of wrongful intent are generally inapplicable [to] a UCL action.” Id. at 50.

The tort of trespass was inapplicable, as the flooding was deemed not to be "direct and immediate"; the tort of nuisance was rejected as this was a one-off event.Woodside III (2003) 4 The case was first heard by Mellor J and a special jury in September 1862 at the Liverpool Assizes;Simpson (1984) 243 a court order led to an arbitrator from the Exchequer of Pleas being appointed in December 1864.Waite (2006) 423 The arbitrator decided that the contractors were liable for negligence, since they had known about the old mine shafts. Rylands, however, had no way of knowing about the mine shafts and so was not.

Codd indicated in his 1990 book The Relational Model for Database Management, Version 2 that the single Null mandated by the SQL standard was inadequate, and should be replaced by two separate Null-type markers to indicate the reason why data is missing. In Codd's book, these two Null-type markers are referred to as 'A-Values' and 'I-Values', representing 'Missing But Applicable' and 'Missing But Inapplicable', respectively. Codd's recommendation would have required SQL's logic system be expanded to accommodate a four-valued logic system. Because of this additional complexity, the idea of multiple Nulls with different definitions has not gained widespread acceptance in the database practitioners' domain.

All these can be considered as applications of the Zeno effect. By its nature, the effect appears only in systems with distinguishable quantum states, and hence is inapplicable to classical phenomena and macroscopic bodies. The mathematician Robin Gandy recalled Turing's formulation of the quantum Zeno effect in a letter to fellow mathematician Max Newman, shortly after Turing's death: As a result of Turing's suggestion, the quantum Zeno effect is also sometimes known as the Turing paradox. The idea is implicit in the early work of John von Neumann on the mathematical foundations of quantum mechanics, and in particular the rule sometimes called the reduction postulate.

Personal narratives arise from power structures, and are therefore ideological, simultaneously producing, maintaining, and reproducing that power structure; they either support or resist the dominant meaning. Power structures have been noted as an inherent influence on personal narratives gathered and reported by ethnographers. It is argued life histories guided by questions are not personal narrative, but fall somewhere between biography and autobiography because the ethnographer helps the teller shape their story, and thus they cease to function for only the speaker. Feminist critics have argued the theory of self is inapplicable to women, and leaves women, people of color, and all marginalized groups without a self, or a deficient self.

In Greece every court controls the constitutionality of the laws and there is no "permanent" Supreme Constitutional Court, as in Spain, Germany etc. If any court judges a legal provision as "unconstitutional", it decides not to apply it, but it has not the power to declare the legal provision "null and void". This restriction is also binding for the Supreme Courts, which declare the unconstitutional legal provision "inapplicable". Nonetheless, if a case concerning the constitutionality of a law is introduced into the Supreme Special Court (after the issuing of contradictory decisions of the Supreme Courts), the Court has the constitutional right to declare an unconstitutional legal provision as "powerless".

Heyting algebras and interior algebras are the Lindenbaum–Tarski algebras for intuitionistic logic and the modal logic S4, respectively. A logic for which Tarski's method is applicable, is called algebraizable. There are however a number of logics where this is not the case, for instance the modal logics S1, S2, or S3, which lack the rule of necessitation (⊢φ implying ⊢□φ), so ~ (defined above) is not a congruence (because ⊢φ→ψ does not imply ⊢□φ→□ψ). Another type of logics where Tarski's method is inapplicable are relevance logics, because given two theorems an implication from one to the other may not itself be a theorem in a relevance logic.

This rule is firmly established and is to the effect that disqualification of an adjudicator will not be permitted to destroy the only tribunal with power to act. The rule applies regardless of whether the disqualification arguably arises from the combination of prosecutorial and judicial functions, pecuniary interest, personal hostility or bias.. However, there are limitations to the rule of necessity. One suggested limitation is that the rule is inapplicable if the disqualification of a member will still leave a quorum of an administrative agency capable of acting. Another is that the rule of necessity will not justify an adjudicator sitting where actual bias can be shown.

The criminal law of Queensland was codified in 1899 with the enactment of the Criminal Code Act 1899 (Qld)., pdf version Sir Samuel Walker Griffith, who was responsible for the development of the Code, stated that it did not include those provisions of English law which were "manifestly obsolete or inapplicable to Australia". All blasphemy offences were abolished in Queensland by the combined operation of Section 5 of the Code that abolished the common law offences of blasphemy and blasphemous libel and repealed the Blasphemy Act 1697 and the absence of any offence of blasphemy or blasphemous libel in the Code. The Objectionable Literature Act 1954 (Qld)Objectionable Literature Act 1954 (Qld).

Conventional concave reflectors are practically inapplicable to the high-concentrating geometry in the case of a giant shadowing space target, which is located in front of the mirrored surface. This is primarily because of the dramatic spread of the mirrors' focal points on the target due to the optical aberration when the optical axis is not aligned with the Sun. On the other hand, the positioning of any collector at a distance to the target much larger than its size does not yield the required concentration level (and therefore temperature) due to the natural divergence of the sunrays. Such principal restrictions are inevitably at any location regarding the asteroid of one or many unshaded forward-reflecting collectors.

His Majesty's Government accept full responsibility as > Mandatory for Transjordan, and undertake that such provision as may be made > for the administration of that territory in accordance with Article 25 of > the Mandate shall be in no way inconsistent with those provisions of the > Mandate which are not by this resolution declared inapplicable. From that point onwards, Britain administered the part west of the Jordan as Palestine, and the part east of the Jordan as Transjordan.12 August 1922 Britain is given the Mandate of the League of Nations to Administer Palestine. Technically they remained one mandate covering 2 territories and therefore most official documents referred to them as if they were two separate mandates.

The United States Court of Appeals for the District of Columbia Circuit reversed and remanded, holding that :(1) Exemption 7(C) was inapplicable, because, in the absence of any statutory standards by which to judge the public interest in disclosure, a court should be bound by state and local determinations that such information should be made available to the general public, and :(2) no other FOIA exemptions were applicable. Accordingly, the Court of Appeals directed the District Court to determine, on remand, whether the withheld information was publicly available at its source, and if so, whether the Department might satisfy its statutory obligation by referring the journalists to the enforcement agency or agencies that had provided the original information.

As a practical matter, an attorney who discovers adverse authority and fails to disclose it to the court may lose credibility with the court if the authority is found by opposing counsel, or by the court itself. The court may presume that an attorney who fails to disclose such authority has either been unethical in failing to disclose it, or has acted without diligence in failing to discover it. Moreover, the attorney disclosing such authority has the opportunity to frame the disclosure in a manner that seeks to diminish the impact of that authority by presenting arguments as to why it is inapplicable to the facts of the current case, or should be overturned altogether.

It would require the court to hear and determine any covered civil action as expeditiously as possible. It prohibits the court, in a covered civil action, from granting or approving prospective relief unless it finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct such violation. It declares inapplicable to such a civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff. Finally, the bill would prohibit payment from the federal government for court costs of a party in such a civil action, including attorneys’ fees and expenses.

In December 1980, the Mississippi Supreme Court upheld the lower court's decision ruling that the boycott was unlawful.458 U.S. at 894. Although the court held that the secondary boycott statute was inapplicable because it had not been enacted until "the boycott had been in operation for upward of two years," and it declined to rely on the Mississippi antitrust statute by noting that the "United States Supreme Court has seen fit to hold boycotts to achieve political ends are not a violation of the Sherman Act, 15 U.S.C. § 1 (1970), after which our statute is patterned," the court upheld the imposition of liability on the basis of the chancellor's common law tort theory.

Viruses have enormous populations, are doubtfully living since they consist of little more than a string of DNA or RNA in a protein coat, and mutate rapidly. All of these factors make conventional species concepts largely inapplicable. A viral quasispecies is a group of genotypes related by similar mutations, competing within a highly mutagenic environment, and hence governed by a mutation–selection balance. It is predicted that a viral quasispecies at a low but evolutionarily neutral and highly connected (that is, flat) region in the fitness landscape will outcompete a quasispecies located at a higher but narrower fitness peak in which the surrounding mutants are unfit, "the quasispecies effect" or the "survival of the flattest".

Ronald Coase's work itself emphasized a problem in applying the Coase theorem: transactions are "often extremely costly, sufficiently costly at any rate to prevent many transactions that would be carried out in a world in which the pricing system worked without cost." (Coase, 1960—first paragraph of section VI.) This isn't a criticism of the theorem itself, since the theorem considers only those situations in which there are no transaction costs. Instead, it is an objection to applications of the theorem that neglect this crucial assumption. So, a key criticism is that the theorem is almost always inapplicable in economic reality, because real- world transaction costs are rarely low enough to allow for efficient bargaining.

Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), was a United States Supreme Court case which held that Article One of the U.S. Constitution did not give the United States Congress the power to abrogate the sovereign immunity of the states that is further protected under the Eleventh Amendment. Such abrogation is permitted where it is necessary to enforce the rights of citizens guaranteed under the Fourteenth Amendment as per Fitzpatrick v. Bitzer. The case also held that the doctrine of Ex parte Young, which allows state officials to be sued in their official capacity for prospective injunctive relief, was inapplicable under these circumstances, because any remedy was limited to the one that Congress had provided.

Technically, the curfew was "inapplicable to the Japanese since all members of this group were removed from the affected zones.""German Alien Curfew Lifted", Oakland Tribune, December 24, 1942, pp. 1 DeWitt had a personal vendetta against one Italian in particular, Remo Bosia, which is detailed in Bosia's autobiography, The General and I. DeWitt was opposed to War Relocation Authority efforts to distinguish loyal from disloyal Japanese Americans/and to the creation of an all-Japanese combat unit. He testified before Congress, in 1943, that he would "use every proper means" at his disposal to stop the resettlement of Japanese Americans outside camp and their eventual return to the West Coast after the war.

An attorney may seek changes or exemptions in the law that governs the land where the building will be built, either by arguing that a rule is inapplicable (the bridge design will not cause a collapse), or that the custom is no longer needed (acceptance of live-work spaces has grown in the community). During construction of a building, a municipal building inspector usually inspects the ongoing work periodically to ensure that construction adheres to the approved plans and the local building code. Once construction is complete, any later changes made to a building or other asset that affect safety, including its use, expansion, structural integrity, and fire protection, usually require municipality approval.

On the morning of 12 November, Chief Justice Ray tersely pronounced that the bench was dissolved, and the judges rose. The 39th Amendment attempted, among other provisions, to legitimize the election of Indira Gandhi in 1971. Article 329A put the elections of the Prime Minister and Lok Sabha Speaker outside the purview of the judiciary and provided for determination of disputes concerning their elections by an authority to be set up by a Parliamentary law. The Supreme Court struck down clauses (4) and (5) of the article 329A, which made the existing election law inapplicable to the Prime Minister's and Speaker's election, and declared the pending proceedings in respect of such elections null and void.

This case pitted the plaintiffs, Thorne's Hardware Limited, Kent Lines Limited, Canaport Limited and Irving Oil Limited, against the National Harbours Board, over the extension of harbour limits. Appellants challenged in the Federal Court (1) the validity of an order in council extending the limits of the port of Saint John so as to include appellants' berth and harbour facilities and (2) the applicability to them of a National Harbours Board's By-law imposing harbour dues on all vessels entering or using the port. The Trial Division held the Order in Council intra vires the powers of the Governor in Council but the By-law to be inapplicable to the appellants. The Court of Appeal disagreed with the trial judge on the second point.

When the Supreme Special Court sits, it comprises eleven members: the Presidents of the three Supreme Courts, four members of the Court of Cassation and four members of the Council of State. When it judges the constitutionality of a law or resolves the disputes between Supreme Courts, its composition comprises two more members: two professors of the Law Schools of Greece. The Supreme Special Court is the only court which can declare an unconstitutional legal provision as "powerless" (something like "null and void"), while the three Supreme Courts can only declare an unconstitutional legal provision as "inapplicable" to that particular case. The Supreme Special Court is also the Supreme Electoral Court, judging pleas against the legality of the legislative elections.

Origen rejects many of Celsus's accusations against Christianity as false or inapplicable. In many cases, while ostensibly refuting Celsus, Origen is also refuting the ideas of fellow Christians whom he regarded as misinformed. For instance, in the act of denying Celsus's charge that Christians believed that their God was a wrathful old man who lived in the sky, Origen was also confronting Christians who actually believed this. He defends statements in the Bible promising that the wicked will be punished with fire by insisting, "...the Logos, accommodating itself to what is appropriate to the masses who will read the Bible, wisely utters threatening words with a hidden meaning to frighten people who cannot in any other way turn from the flood of iniquities".

Justice William O. Douglas, writing for the majority, reversed Terminiello's conviction, holding that his speech was protected by the First Amendment (which was made applicable to the states by the Fourteenth Amendment) but also that the ordinance, as construed by the Illinois courts, was unconstitutional. Douglas explained that the purpose of free speech was to invite dispute even where it incites people to anger; in fact, the provocative and inflammatory content of speech could potentially be seen as positive. Although Douglas acknowledged that freedom of speech was not limitless and did not apply to "fighting words" (citing Chaplinsky v. New Hampshire), he held that such limitations were inapplicable here: > The vitality of civil and political institutions in our society depends on > free discussion.

Following this invocation, the prayer leader proceeds: "For thou, O Lord our God, causest the wind to blow ... For a blessing and not for a curse, For plenty and not for famine, For life and not for death!" and the congregation thrice answers, "Amen!" "Geshem" corresponds to the "Tal" (Dew) prayer recited on the first day of Passover, after which the above-quoted mention of rain is omitted as being inapplicable to the summer dry season, and is replaced by mention of dew. It has become customary for the reader of the Musaf on the days on which "Geshem" or "Tal" is inserted, to put on the kittel, as on Yom Kippur, and before Mussaf to sing Kaddish in the tune of that solemn day.

They know the older word: "Bugari", although mispronounced: they have even adopted it as peculiarly theirs, inapplicable to other Bulgarians. You can find more about this in the introduction to the booklets I am sending you. They call their own Macedono- Bulgarian dialect the "Bugarski language", while the rest of the Bulgarian dialects they refer to as the "Shopski language". (Makedonski pregled, IX, 2, 1934, p. 55; the original letter is kept in the Marin Drinov Museum in Sofia, and it is available for examination and study) During the 1880s, after recommendation by Stojan Novaković, the Serbian government also began to support those ideas to counteract the Bulgarian influence in Macedonia, claiming the Macedonian Slavs were in fact pure Slavs (i.e.

Warsaw - St. Anna church (1786) Roman theater on the Isle (1790-1793), a companion to the Palace on the Water Grand Theatre, Warsaw (1825) Bank Square, Warsaw (1825) Potocki palace in Tulchyn Neoclassical architecture in Poland was centered on Warsaw under the reign of Stanisław August Poniatowski, while the modern concept of a single capital city was to some extent inapplicable in the decentralized Polish–Lithuanian Commonwealth.The above mentioned buildings cannot in any way be compared with what was built in Warsaw at that time, because Warsaw become the real artistic capital of Poland. Much of the artistic work done in Warsaw was thanks to the sponsorship of Stanislaus Augustus. The creative artists gathered there and the most outstanding architects of the classicist period were very active.

With the assistance of legal representation by the Chinese Consolidated Benevolent Association,Salyer (2005), p. 67. Wong Kim Ark challenged the refusal to recognize his birth claim to U.S. citizenship, and a petition for a writ of habeas corpus was filed on his behalf in federal district court.Woodworth (1898), p. 556. "From this refusal to permit him to land, a writ of habeas corpus was sued out in the United States District Court .... [T]hat court discharged Wong Kim Ark on the ground that he was a citizen of the United States by virtue of his birth in this country, and that the Chinese Exclusion Acts were therefore inapplicable to him."In re Wong Kim Ark, 71 F. 382 (N.D.Cal. 1896).

The evolution of organizations of aboriginal peoples soon rendered these criteria increasingly inapplicable. In British Columbia (BC), the Native Brotherhood had always represented both status and non-status Indians and the United Native Nations (established following the demise of the BC Association of Non-Status Indians) had aggressively asserted the same principle. Similarly, some of the BC tribal councils, the Council of Yukon Indians (CYI) and the Dene Nation rejected in principle the distinction between status and non-status Indians. This has led to a situation in which the then vice- president of the Native Council of Canada (for non-status people) was a status Indian, while the president of the CYI and the vice-president of the Dene Nation were non-status Indians at this time.

The commission also found that the Polish military and civil authorities did their best to prevent such incidents and their recurrence in the future. The Morgenthau report stated that some forms of discrimination against Jews was of political rather than anti-Semitic nature and specifically avoided use of the term "pogrom," noting that the term was used to apply to a wide range of excesses, and had no specific definition.Andrzej Kapiszewski, Controversial Reports on the Situation of the Jews in Poland in the Aftermath of World War Studia Judaica 7: 2004 nr 2(14) s. 257–304 (pdf) Sociologist Tadeusz Piotrowski noted that the Morgenthau Report admitted that the word "pogrom" was inapplicable to the conditions existing within a war zone.

Based on the above, the Tax Court held that the constructive receipt doctrine was inapplicable and the Corvette was received by Hornung for income tax purposes in 1962. After the Court established that the car has been received in 1962, it turned to a determination of whether it should be included in gross income for that year, specifically addressing Hornung's "gift" argument. The court determined that the Corvette was not given as a gift because Sport Magazine had a motive for giving it beyond a 'detached and disinterested generosity' (a requisite for a judicial finding of a 'gift'). The court held that the Corvette clearly qualified as a prize or award under section 74(a) of the tax code (26 U.S.C. 74(a)).

The act's requirement that the Three Sisters Bridge be built without regard to previous court decisions or impact on environmental or historic sites was contested in court by citizens of the District of Columbia. One lawsuit alleged that illegal political pressure had been applied to various federal and city agencies in order to get them to approve a bridge at the Three Sisters location. This suit alleged that the Federal-Aid Highway Act's provisions were inapplicable, since no bridge could be built there. After a lengthy and provocative trial that led to explosive media headlines, Judge John J. Sirica of the United States District Court for the District of Columbia ruled on August 27, 1970, that illegal political pressure had been applied to secure the bridge's placement over the Three Sisters.

Rather, according to Ahmadiyya belief, qitāl or military jihad is applicable, only as a defensive measure in very strictly defined circumstances and those circumstances do not exist at present. Ahmadiyya claims its objective to be the revival and peaceful propagation of Islam with special emphasis on defending and extending Islam 'by the pen' and by argumentation. Ahmadis point out that as per prophecy, Mirza Ghulam Ahmad (whom they believe to the Messiah and Mahdi) rendered Jihad in its military form as almost entirely inapplicable in the present age since Islam, as a religion, is not being attacked militarily this conditions for an armed Jihad are not met. However, since Islam is being attacked through literature and other media, therefore the response should be likewise, Jihad of the Pen.

Taxpayers filed a petition for redetermination in the Tax Court, asserting that § 273 was inapplicable. They also contended that notwithstanding the tax-exempt source of some of the income the amortization was fully deductible, and accordingly claimed refunds for the years in which they had not taken deductions for amortization allocated to tax-exempt income. The Tax Court held for taxpayers on both issues, it reversed and allowed the amortization, finding that 26 U.S.C. § 273 did not govern because the life estate was not a gift, but an exchange for consideration. Tax Court which, over the dissents of six of its 15 members, overruled his determination of deficiencies in taxpayers' federal income tax for the years 1964-65, and in addition sustained taxpayers' claims for refunds for the same years.

The opinion of those persons would certainly be of great > authority on such a question, and we were not a little surprised, when it > was read, at the doctrine it seemed to advance. An opinion so contrary to > the whole practice of the crown, and to the uniform opinions given on all > other occasions by its great law officers, ought to be very explicit, and > accompanied by the circumstances under which it was given, and to which it > was applied, before we can be assured that it is properly understood. In a > pamphlet, written for the purpose of asserting the Indian title, styled > 'Plain Facts,' the same opinion is quoted, and is said to relate to > purchases made in the East Indies. It is, of course, entirely inapplicable > to purchases made in America.

J. L. Austin and John Searle's speech act theory has been described by several ethnographers, anthropologists, and linguists as being based in a specifically Western linguistic ideology that renders it inapplicable in certain ethnographic contexts. Jef Verschueren characterized speech act theory as privileging “a privatized view of language that emphasizes the psychological state of the speaker while downplaying the social consequences of speech,” while Michael Silverstein argued that the theory's ideas about language “acts” and “forces” are “projections of covert categories typical in the metapragmatic discourse of languages such as English.” Scholars have subsequently used speech act theory to caution against the positioning of linguistic theories as universal applicable, citing that any account of language will reflect the linguistic ideologies held by those who develop it.Pratt, M.L. (1986).

Twenty- third Amendment to the United States Constitution Residents of U.S. territories have varying rights; for example, only some residents of Puerto Rico pay federal income taxes (though all residents must pay all other federal taxes, including import/export taxes, federal commodity taxes and federal payroll taxes, including Social Security and Medicare). All federal laws that are "not locally inapplicable" are automatically the law of the land in Puerto Rico but their current representation in the U.S. Congress is in the form of a Resident Commissioner, a nonvoting delegate.Contrary to common misconception, residents of Puerto Rico do pay U.S. federal taxes: customs taxes (which are subsequently returned to the Puerto Rico Treasury) (See Department of the Interior, Office of Insular Affairs.) , import/export taxes (See Stanford.wellsphere.com) , federal commodity taxes (See Stanford.wellsphere.

In many cases the formulaic words and phrases are strikingly similar to those found in defixiones (curse tablets or binding spells, κατάδεσμοι in Greek), such as those we find inscribed on ostraka, amulets, and lead tablets. Since some of these defixiones date from as early as the 500s BCE, and have been found as far afield as Athens, Asia Minor, Rome, and Sicily (as well as Egypt), this provides a degree of continuity, and suggests that some observations based on the PGM will not be altogether inapplicable to the study of the wider Greco-Roman world. Throughout the spells found in the Greek Magical Papyri, there are numerous references to figurines. They are found in various types of spells, including judicial, erotic, and just standard cursing that one might associate with Haitian voodoo (“Vodou”).

At trial before the Supreme Court of British Columbia, Insite argued that s 4(1) and 5(1) of the CDSA were inapplicable to Insite because of the interjurisdictional immunity granted them as a health facility. Insite argued that applying the CDSA provisions to their facility in the absence of an exemption would violate their s 7 rights upon application. In the alternative, Insite argued that the Minister of Health had violated their s 7 rights by failing to extend the exemption. The trial judge rejected Insite's interjurisdictional immunity argument, noting instead the primacy of double aspect in Canadian constitutional law. However, the trial judge found that s 4(1) and 5(1) of the CDSA violated Insite's s 7 Charter rights because they "arbitrarily prohibited the management of addiction and its associated risks",SCC, par.

Before this bill, existing law deemed soliciting or engaging in prostitution, along with loitering in any public area with the objective of engaging in prostitution, a crime. Senate Bill 1322 makes this provision inapplicable to minors under 18 years old who solicited or engaged in prostituting behavior, whom law enforcement would only be able to take into temporary custody under limited circumstances if they were found committing the aforementioned acts. Also passed in September 2016, Senate Bill 1064 indefinitely extended the life of a pilot program intended to provide "comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors." It also expanded the existing legal definition of "commercially sexually exploited minor" to account for minors who have been arrested for engaging in prostitution due to the fact that they have been proven to be commercially exploited.

In a substantial, detailed speech he used his old tactic of marshalling demographic and financial detail to swamp rhetorical argument. Everywhere he perceived possible corruption, he entered his name in the lists against it. So in 1837, for example, we find his name among the six radical Lords wanting to pursue an urgent enquiry into the statutes of the Oxbridge colleges, on the grounds, among others, that the colleges were "of very ancient foundation, and many of their statutes, contemplating a state of society very different from the present, and a religion other than that now established, are totally inapplicable to the present times, and impossible to be observed."Hansard 11 April 1837 Another cause was the struggle against the Church Rate, the compulsory levy for maintenance of Anglican parish churches that so offended both Catholic and Protestant Dissenters.

Requires: (1) the DNI to: (1) prescribe regulations to ensure that a personnel action shall not be taken against an employee of an intelligence community element as a reprisal for any whistleblower disclosure relating to intelligence activities, (2) establish an appellate review board to hear whistleblower appeals related to security clearance access determinations, and (3) submit a report on the status of the implementation of such regulations to the congressional oversight committees. Renders whistleblower protections under this Act inapplicable to terminations of intelligence community whistleblowers who are personally terminated by the DOD Secretary, the DNI, the CIA Director, or the head of any federal agency who determines the termination to be in the interest of the United States. Requires notification of any termination to the congressional oversight committees within five days of such termination. Title VII: Other Matters - (Sec.

The Federal Gun-Free School Zones Act of 1990 limits where a person may legally carry a firearm by generally prohibiting carry within 1,000 ft of the property line of any K–12 school in the nation, with private property excluded. A state-issued permit to carry may exempt a person from the restriction depending on the laws of the state, and most issuing states qualify for the exception. However, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives, the exception in federal law is inapplicable to permit holders outside the state that physically issued their permit, and it does not exempt people with out-of-state permits even if the permit is recognized by state reciprocity agreements. BATFE letter explaining reciprocity of CCW permit holders and how it applies to Gun-Free School Zones.

The Magazine of Protest, Personality and Progress, founded and edited by Ross during the war and soon known simply as Ross' Magazine, came to acquire a reputation as a source of anti-militarist, anti-clerical, socialist, and atheist radicalism.Coleman, Peter (1974). Obscenity, Blasphemy, Sedition: 100 Years of Censorship in Australia. Sydney: Angus & Robertson. p. 72. . Though he considered Bolshevik methods of struggle inapplicable to Australia – and would continue to support the distinctly moderate line of reformism for the remainder of his career – Ross greeted the 1917 Revolution in Russia warmly and produced the supportive pamphlet Revolution in Russia and Australia in 1920. A satirical article entitled "Bolshevism Has Broken Out in Heaven" – penned by an anonymous author known only as "Woodicus" and published in a Ross-edited magazine – led to a Melbourne blasphemy trial and a sentence of six months' imprisonment.

Thus, under the Bill, it is not hearsay for a witness to recount in evidence what another witness said. Nor is it hearsay if a witness recounts his or her own out-of-court statements (but such evidence may be inadmissible on other grounds, for example under the previous consistent statements rule stated in section 35). Under section 17 a hearsay statement is not admissible except as provided by section 18 or by a provision in another Act, or if a provision of the Act makes the rule against hearsay inapplicable and the statement is relevant and otherwise admissible. Section 18 provides that a hearsay statement is admissible if, first, there is a reasonable assurance that it is reliable because of the circumstances that relate to it, and, secondly, if the maker of the statement is unavailable as a witness.

Verrall studied history at Westfield College, now part of Queen Mary, University of London, obtaining a first class honours degree.S. Taylor, The National Front in English Politics, London: Macmillan, 1982, p. 62 Initially a member of the Conservative Party, Verrall left in the early 1970s, along with a number of members on the right who supported Enoch Powell, to join the NF. Initially a close supporter of John Tyndall, he was appointed Spearhead editor by Tyndall and used the magazine to deny the Holocaust. He was also known for his endorsement of eugenics and biological determinism, adding to this theory that it was equally natural for members of a genetic group to sacrifice themselves for the benefit of others of the same group, thus attacking the criticism that the notion of sacrifice makes this theory inapplicable to humanity.

The bill would state that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex- based differential in compensation, (2) is job-related with respect to the position in question, and (3) is consistent with business necessity. Makes such defense inapplicable where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential, and (2) the employer has refused to adopt such alternative practice. The bill would revise the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer.

Documentary includes chapter on Recha Sternbuch Although travel on Shabbath is forbidden in Judaism Pikuach Nefesh (Hebrew: פיקוח נפש) describes the principle in Jewish law that the preservation of human life overrides virtually any other religious consideration and almost any mitzvah lo ta'aseh (command to not do an action) of the Torah becomes inapplicable. She had access to the Polish diplomatic pouch and was able to send coded cables to her contacts in Va’ad Hatzalah (Rescue Committee) in the United States and Turkey. One important use of this channel was the Sternbuchs alerting the New York Va’ad Hatzalah on 2 September 1942 to the horrors of the Holocaust and reinforced the 8 August 1942 Gerhardt Riegner cable. It was sent to alert American Jewry to the reality of the Holocaust and led to a meeting of 34 Jewish organizations.

An October 2007 study, published in the Journal of Medical Ethics, found that "rates of assisted dying in Oregon and in the Netherlands showed no evidence of heightened risk for the elderly, women, the uninsured (inapplicable in the Netherlands, where all are insured), people with low educational status, the poor, the physically disabled or chronically ill, minors, people with psychiatric illnesses including depression, or racial or ethnic minorities, compared with background populations. The only group with a heightened risk was people with AIDS." A 2009 review study of euthanasia in the Netherlands concluded that no slippery slope effect has occurred, while another study of the same year found that abuse of the Dutch euthanasia system is rare. In 2010, a study found that there is no evidence that legalizing assisted suicide will lead us down the slippery slope to involuntary euthanasia.

The New Zealand offence of blasphemous libel originated in England with the common law offences of blasphemy and blasphemous libel. All English common law offences were received into New Zealand law in 1840. In 1893, the New Zealand Criminal Code Act 1893, based on the work of James Fitzjames Stephen and developments by George Burbidge in the Canadian Criminal Code, 1892, omitted the common law offence of blasphemy but retained the offence of blasphemous libel in section 133 with safeguards to prevent overuse and abuse of the law. Queensland followed seven years later with the Criminal Code Act 1899 (Qld) which abolished common law offences and omitted both blasphemy and blasphemous libel from the code. Sir Samuel Walker Griffith, who was responsible for the development of the Queensland code, stated that it did not include those provisions of English law which were “manifestly obsolete or inapplicable to Australia”.

His Lordship distinguished Regal (Hastings) v Gulliver by restricting Regal Hastings to circumstances concerned with property of which the principals were contemplating a purchase. In the present case, as the purchase of the shares was entirely out of the question, Regal Hastings was said to be inapplicable. Lord Upjohn also agreed with Lord Cohen that information is not property at all, although equity will restrain its transmission if it has been acquired by a breach of confidence. He said unequivocally that knowledge learnt by a trustee in the course of his duties is not property of the trust and may be used for his own benefit unless it is confidential information which is given to him (i) in circumstances which, regardless of his position as a trustee, would make it a breach of confidence to communicate it to anyone or (ii) in a fiduciary capacity.

Rule 0: The foundation rule: :For any system that is advertised as, or claimed to be, a relational data base management system, that system must be able to manage data bases entirely through its relational capabilities. Rule 1: The information rule: :All information in a relational data base is represented explicitly at the logical level and in exactly one way by values in tables. Rule 2: The guaranteed access rule: :Each and every datum (atomic value) in a relational data base is guaranteed to be logically accessible by resorting to a combination of table name, primary key value and column name. Rule 3: Systematic treatment of null values: :Null values (distinct from the empty character string or a string of blank characters and distinct from zero or any other number) are supported in fully relational DBMS for representing missing information and inapplicable information in a systematic way, independent of data type.

He also won considerable praise from the student body by reducing the required time spent for recitation and preparation, limiting the faculty to examinations lasting no longer than three hours, expanding entrance examinations to other cities, starting a summer curriculum, and launching masters and doctoral graduate degree programs. These reforms were largely a response to Walker's on-going defense of the Institute and its curriculum from outside accusations of overwork, poor writing, inapplicable skills, and status as a "mere" trade school. Between 1881 and 1897, enrollments quadrupled from 302 to 1,198 students, annual degrees granted increased from 28 to 179, faculty appointments quadrupled from 38 to 156, and the endowment grew thirteenfold from $137,000 to $1,798,000 ($ to $ in 2016 dollars). While MIT is a private institution, Walker's extensive civic activities as President set the precedent for future presidents to use the post to fulfill civic and cultural obligations throughout Boston.

In terms of venue, where personal jurisdiction lies in multiple districts, the appropriate venue for the case to be heard is set forth by Virginia statutes, which divides possible venues as "Category A" (preferred) and "Category B" (permissible), and requires that Category B venue may only be used where no Category A venue is available. For example, in a dispute over the ownership of land, Category A venue lies where the land is located. Most Category A venue provisions of the Virginia statutes are inapplicable to the GDC, which does not have subject matter jurisdiction over divorce and probate matters, and can not issue injunctions. In the types of cases that can be heard in the GDC, venue is generally deemed objectionable if it is not where the defendant resides or has a registered office or registered agent, or where some part of the action arose.

Operación Algeciras, Alberto "Duffman" López, Por Tierra Mar y Aire In the 1985 Trial of the Juntas he was acquitted of charges of kidnapping, torture, enslavement, concealing the truth, usurpation of power, and false declarations. In 1997, the Spanish judge Baltasar Garzón requested the arrest and extradition of 45 members of the Argentine military, and one civilian, for crimes of genocide, state terrorism, and torture committed during the "Dirty War" period of the de facto regime, including Anaya. The request was denied on several occasions by the democratically elected Argentine government, which argued that it was inadmissible on grounds of inapplicable jurisdiction. On 27 July 2003, by means of Decree 420/03, President Néstor Kirchner amended the criteria under which the extraditions had been refused, ordering that the legal proceedings requested by the Spanish courts go ahead and thus enabling the extraditions to proceed.

The reason this is important is because patients, if they know they are using a different type of insulin, might behave differently (such as testing blood glucose levels more frequently, for example), which leads to bias in the study results, rendering the results inapplicable to the diabetes population at large. Numerous studies have concluded that any increase in testing of blood glucose levels is likely to yield improvements in glycemic control, which raises questions as to whether any improvements observed in the clinical trials for insulin analogues were the result of more frequent testing or due to the drug undergoing trials. In 2008, the Canadian Agency for Drugs and Technologies in Health (CADTH) found, in its comparison of the effects of insulin analogues and biosynthetic human insulin, that insulin analogues failed to show any clinically relevant differences, both in terms of glycemic control and adverse reaction profile.

The initial focus of the committee was to repeal Paragraph 175, an anti-gay piece of legislation of the Imperial Penal Code, which criminalized "coitus-like" acts between males, and the goal of this categorization of human sexuality was to demonstrate the innateness of homosexuality and thus make the criminal law against male-male gay sex in Germany at the time inapplicable. The committee also assisted defendants in criminal trials, conducted public lectures, and gathered signatures on a petition for the repeal of the law. Signatories included Albert Einstein, Hermann Hesse, Thomas Mann, Rainer Maria Rilke, and Leo Tolstoy. Petitions were submitted to parliament, in 1898, 1922 and 1925, but failed to gain the support of the parliament, and the law continued to criminalise all male-male sexual acts until 1969 and wasn't entirely removed in West Germany until four years after East and West Germany became one country, in 1994.

The Supreme Special Court is not a "regular" and "permanent" court, namely it sits only when a case belonging to its jurisdiction arises. It dates back to 1927 when it was established after the Czechoslovak model. Its role is: # to resolve disputes between the Supreme Courts or between the courts and the administration # to take an irrevocable decision, when contradictory decisions of the Supreme Courts, concerning the true meaning or the constitutionality of a legal provision, are issued # to judge the pleas against the validity of the result of the legislative elections Consequently, it is the only court that can declare an unconstitutional legal provision "powerless" (not "null and void") and expel it from the Greek legal system, while the Supreme Courts can only declare it as "inapplicable" for the particular case. The decisions of the Supreme Special Court are binding for all courts, including the Supreme Courts.

" 302 U.S. at 461. Barber argued that Carbice and Motion Picture Patents were inapplicable "because it has not entered into any contract or agreement aimed at expansion of the patent monopoly" while in those cases: > the attempt to secure the "partial monopoly of an unpatented material, > outside of and apart from the patent monopoly" was made by contract or > notice, whereas the Barber Company has made no attempt, "by contract, notice > or otherwise, to expand its patent monopoly by limitations, or to reserve or > create any monopoly in emulsion outside of, and apart from, its patent > monopoly," that "its customers for emulsion have no more than the > unconditional license to use implied by law and are under no restriction," > and that neither the defendant nor its customers "has any relation with the > patent owner."302 U.S. at 462-63. The Court said, "The distinction upon which the Barber Company . .

This summary is based largely on the summary provided by the Congressional Research Service, a public domain source. H.R. 3109 would amend the Migratory Bird Treaty Act to provide that nothing in such Act prohibits possessing, selling, bartering, purchasing, shipping, and transporting any authentic Alaskan Native article of handicraft or clothing on the basis that it contains a nonedible migratory bird part. Makes such exemption inapplicable with respect to any handicraft or clothing containing any part of a migratory bird that was taken in a wasteful manner. H.R. 3109 would define "authentic Alaskan Native article of handicraft or clothing" to mean any item that is composed of natural materials and produced, decorated, or fashioned by an Alaskan Native (Indian, Aleut, or Eskimo who resides in Alaska), in the exercise of traditional Alaskan Native handicrafts, without the use of any pantograph or other mass copying device, including any weaving, carving, stitching, sewing, lacing, beading, drawing, or painting.

He credited Grünbaum with providing "informed criticism of the philosophical bases of psychoanalysis", but concluded that the "value of his argument falls short of providing a useful basis for advancing psychoanalytic knowledge and particularly for promoting the quest for pertinent standards of validation within psychoanalysis." The philosopher James Hopkins argued that Grünbaum's criticism of Freud's theory of dreams is based on a misunderstanding of Freud, and that the modes of inquiry he endorses are inapplicable to motive and therefore inappropriate to assessing psychoanalysis. The philosopher Richard Wollheim criticized Grünbaum's style of writing, rejected his view that Freud employed the "Tally Argument", criticized his understanding of psychoanalytic practice, and accused him of ignoring the fact that clinical testing presupposes "a considerable body of extraclinical propositions." Robinson considered The Foundations of Psychoanalysis rigorous, but also poorly organized and difficult to understand for those without a background in philosophy, something that in his view had limited its influence.

French journalists such as Olivier Ravanello, deputy managing editor at i-Télé, stated that the law was inapplicable to criminal proceedings in foreign countries, stating that "We can't cover the DSK story like a French story for the simple reason it is happening in the U.S. The images we saw are brutal indeed, but that's because of the nature of the U.S. judiciary." Not all French observers reacted negatively. Eva Joly, who as a magistrate brought corruption charges against Strauss-Kahn (of which he was later acquitted) and was herself expected to run for the French presidency on the Europe Écologie-The Greens line, agreed that the images were "very violent" but noted that the American system "doesn't distinguish between the director of the I.M.F. and any other suspect. It's the idea of equal rights" and pointed out that while American prosecutors always have to convince a jury of the defendant's guilt, their French counterparts must only do so in the most serious cases.

Wurst's selection for Eurovision also sparked outrage outside of Austria; in Belarus, a petition by more than 2,000 people petitioned the Belarusian Ministry of Information to prevent the contest from being broadcast in the country, claiming it to being "a hotbed of sodomy" and an attempt by European liberals to impose Western values on Belarus and Russia. A similar petition of more than 15,000 signatures was also received by the Russian Ministry of Communications and Mass Media from the "All-Russian parenting group", claiming that Wurst "leads the lifestyle inapplicable [sic] for Russians" Wurst also received criticism from the Armenian representative, Aram Mp3, who claimed that her lifestyle was "not natural" and that she should "eventually decide whether she is a woman or a man". Aram Mp3 later apologised and insisted his statements were "a joke". In response to petitions in Russia, Belarus and Ukraine asking for Wurst to be removed from the competition, some of the other 2014 participants gave Wurst their support.

In one February 2014 radio interview, O'Rourke asserted that "there was a hole the size of the Grand Canyon", in the BEA analysis of Ireland's ETR. The disconnect lies in the distinction between Ireland's corporation tax "regime" versus Ireland's corporation tax "rate", which was highlighted by the EU Commission's 2016 findings against Apple's double Irish tax system in Ireland. According to the Irish Revenue, Apple had being paying the full Irish 12.5% tax rate on what Revenue considered to be "taxable profits" in Ireland The EU Commission found a very different situation: Experts note the potency of Ireland's corporation tax regime, and O'Rourke's BEPS tools, as opposed to the headline 12.5% corporate tax rate.Misleadingly, studies cited by the Irish Times and other outlets suggest that the effective tax rate is close to the headline 12.5 percent rate – but this is a fictional result based on a theoretical ‘standard firm with 60 employees’ and no exports: it is entirely inapplicable to transnationals.

Francium is also predicted to show some differences due to its high atomic weight, causing its electrons to travel at considerable fractions of the speed of light and thus making relativistic effects more prominent. In contrast to the trend of decreasing electronegativities and ionisation energies of the alkali metals, francium's electronegativity and ionisation energy are predicted to be higher than caesium's due to the relativistic stabilisation of the 7s electrons; also, its atomic radius is expected to be abnormally low. Thus, contrary to expectation, caesium is the most reactive of the alkali metals, not francium. All known physical properties of francium also deviate from the clear trends going from lithium to caesium, such as the first ionisation energy, electron affinity, and anion polarisability, though due to the paucity of known data about francium many sources give extrapolated values, ignoring that relativistic effects make the trend from lithium to caesium become inapplicable at francium.

Because in the United States there were no Inns of Court, and the English academic degrees did not provide the necessary professional training, the models from England were inapplicable, and the degree program took some time to develop. At first the degree took the form of a B.L. (such as at the College of William and Mary), but then Harvard, keen on importing legitimacy through the trappings of Oxford and Cambridge, implemented an LL.B. degree. The decision to award a bachelor's degree for law could be due to the fact that admittance to most nineteenth-century American law schools required only satisfactory completion of high school. The degree was nevertheless somewhat controversial at the time because it was a professional training without any of the cultural or classical studies required of a degree in England, where it was necessary to gain a general BA prior to an LLB or BCL until the nineteenth century.

In January 2013, rather than deny the accusations, A&E; responded by stating that its composition of the show is covered by the First Amendment, and that Hester's claims do not apply; the network also said that the Communications Act of 1934 is inapplicable to cable television, which did not exist in 1934, and that the format of Storage Wars involves no "chance", "intellectual knowledge", or "intellectual skill" and so is not a game show. A&E; also stated that there are "notable inconsistencies in [Hester's] exaggerated self-portrait", referring to his claims of value on the items that he finds in lockers. In March 2013, A&E; won a partial victory in the suit when a federal judge tossed out Hester's claim of unfair business practices, calling the show "expressive free speech", and stating that his claim of wrongful termination was not specific enough. Hester was ordered to pay the legal fees for A&E.

The plaintiff, the National Bank of Cuba (acting on behalf of the Cuban government) filed a lawsuit in the United States District Court for the Southern District of New York against the defendant, Sabbatino, to recover the money paid for the sugar. The district court and the Court of Appeals ruled in favor of the defendant, and the case was appealed to the Supreme Court. The issue taken by the Supreme Court was whether to apply the Act of State doctrine, which would uphold the legality of the expropriation because it was an official act of another country, not subject to question in US courts. The defendant contended that the doctrine was inapplicable for three reasons: # Because the act in question was a violation of international law; # Because the doctrine should not be applied unless the Executive branch asks the court to do so; # Because Cuba had brought the suit as a plaintiff and had given up its sovereign immunity.

There is no universally accepted set of characteristics which define the term pogrom. Klier writes that "when applied indiscriminately to events in Eastern Europe, the term can be misleading, the more so when it implies that 'pogroms' were regular events in the region and that they always shared common features." Use of the term pogrom to refer to events in 1918–19 in Polish cities including Kielce pogrom, Pinsk massacre and Lwów pogrom, was specifically avoided in the 1919 Morgenthau Report and the word "excesses" was used instead because the authors argued that the use of the term "pogrom" required a situation to be antisemitic rather than political in nature, which meant that it was inapplicable to the conditions existing in a war zone, and media use of the term pogrom to refer to the 1991 Crown Heights riot caused public controversy. In 2008, two separate attacks in the West Bank by Israeli Jewish settlers on Palestinian Arabs were characterized as pogroms by then Prime Minister of Israel Ehud Olmert.

Consequently, the use of free children came to predominate: the Act became largely a dead letter within its limited scope, and inapplicable to most factory children. In 1819, when Peel introduced a Bill to introduce an eleven-hour day for all children under 16 working in cotton mills, a Lords Committee heard evidence from a Bolton magistrate who had investigated 29 local cotton mills; 20 had no apprentices but employed a total of 550 children under 14; the other nine mills employed a total of 98 apprentices, and a total of 350 children under 14. Apprentices were mostly found in the larger mills, which had somewhat better conditions; some even worked a 12-hour day or less (the Grant brothers' mill at Tottington worked an 11.5 hour day: "This establishment has perfect ventilation; all the apprentices, and in fact all the children, are healthy, happy, clean, and well clothed ; proper and daily attention is paid to their instruction ; and they regularly attend divine worship on Sundays."): in other mills children worked up to 15 hours a day in bad conditions (e.g.

Nice Matin, 28 February 2007 (subscription only) – The news is taken up by L'Humanité on 1 March 2007, Des immeubles niçois à l'heure de Vichy Jewish inhabitants were able and willing to live in the buildings, and to explain this the Nice Matin reporter surmised that some tenants may have not read the condominium contracts in detail, while others deemed the rules obsolete.Le Figaro, 15 October 2007, A vendre appartement pour Français non juif A reason for the latter is that any racially discriminatory condominium or other local rule that may have existed "on paper", Vichy-era or otherwise, was invalidated by the constitutions of the French Fourth Republic (1946) and French Fifth Republic (1958) and was inapplicable under French antidiscrimination law. Thus, even if the tenants or coowners had signed or otherwise agreed to these rules after 1946, any such agreement would be null and void (caduque) under French law, as were the rules. Rewriting or eliminating the obsolete rules would have had to be done at the occupants' expense, including notary fees of 900 to 7000 EUR per building.

The provisions of paragraph 1 may, however, be declared inapplicable in > the case of: :any agreement or category of agreements between undertakings, > :any decision or category of decisions by associations of undertakings, :any > concerted practice or category of concerted practices, which contributes to > improving the production or distribution of goods or to promoting technical > or economic progress, while allowing consumers a fair share of the resulting > benefit, and which does not: ::(a) impose on the undertakings concerned > restrictions which are not indispensable to the attainment of these > objectives; ::(b) afford such undertakings the possibility of eliminating > competition in respect of a substantial part of the products in question. Businesses ("undertakings") infringing the provisions of Article 101 are liable to a fine of up to 10% of its worldwide annual turnover by the European Commission. However, Member States usually have their own domestic competition law which they may enforce, provided it is not contrary to EU law.Factortame The role of the Commission is the area is quasi-judicial and subject to appeal to the ECJ.

The data does fit if a certain constraint (the regional Magnitude-Frequency Distribution) is relaxed, but this brings back the problem over-predicting moderate events.. Discussion at pp 55–56. An important result is that the generally accepted Gutenberg-Richter (GR) relationship (that the distribution of earthquakes shows a certain relationship between magnitude and frequency) is inconsistent with certain parts of the current UCERF3 model. The model implies that achieving GR consistency would require certain changes in seismological understanding that "fall outside the current bounds of consensus-level acceptability".. Specifically, GR consistency seems to require one or more of the following: "(1) a higher degree of creep both on and off faults; (2) higher long-term rate of earthquakes over the whole region (and significant temporal variability on faults such as the SAF); (3) more fault connectivity throughout the state (for example, ~M8 anywhere); and (or) (4) lower shear rigidity." Whether the Gutenberg-Richter relation is inapplicable at the scale of individual faults, or some basis of the model is incorrect, "will be equally profound scientifically, and quite consequential with respect to hazard.".

Passage of the American Recovery and Reinvestment Act of 2009 designated $8 billion for the development of a high-speed intercity passenger rail system. The Federal Railroad Administration named Florida one of ten high speed rail corridors potentially eligible for the federal funding. The HSRA met on February 26, 2009, to begin planning their application for these funds. Due to the passage of time, potential legal issues, and new federal funding criteria rendering the earlier bids from 2003 inapplicable, the decision was made in May 2009 that a new bidding process would be necessary. A first round application was submitted in August 2009 for $30 million to conduct a two-year environmental study on the Orlando-Miami route. In October 2009, the authority submitted an application during the second round for the entire Tampa - Orlando - Miami corridor, broken into two components: Orlando-Tampa and Orlando-Miami. Connect Us, a political action committee, was launched on August 18, 2009, to rally public support for these applications. A typical High Speed Rail cross section in I-4.

The aircraft was still experiencing extensive teething troubles as well as being victimized by "urban legends", mostly involving inapplicable twin engine factors which had been designed out of the aircraft by Lockheed. In addition to these, the early versions had a reputation as a "widow maker" as it could enter an unrecoverable dive due to a sonic surface effect at high sub-sonic speeds. The 527 P-38Fs were heavier, with more powerful engines that used more fuel, and were unpopular in the air war in Northern Europe. Since the heavier engines were having reliability problems and with them, without external fuel tanks, the range of the P-38F was reduced, and since drop tanks themselves were in short supply as the fortunes in the Battle of the Atlantic had not yet swung the Allies' way, the aircraft became relatively unpopular in minds of the bomber command planning staffs despite being the longest ranged fighter first available to the 8th Air Force in sufficient numbers for long range escort duties.

As support for his position, Berger points out that none of the Republicans who spoke about the 14th Amendment on the campaign trail leading up to the 1866 elections ever said or even suggested that the 14th Amendment would apply any of the amendments in the Bill of Rights against the states and that court rulings shortly after the 14th Amendment's ratification in 1868 continued to hold that the Bill of Rights was inapplicable against US states (as opposed to the US federal government--against which the Bill of Rights was always held to be applicable). Finally, Berger defends the holding in the notorious 1896 case Plessy v. Ferguson and argues that the reason that "Plessy has become a symbol of evil[] ... is because we impose 'upon the past a creature of our own imagining' instead of looking to 'contemporaries of the events we are studying.'" Berger argues that "Plessy merely reiterated what an array of courts had been holding for fifty years"--starting with the 1849 Massachusetts Supreme Court case Roberts v.

As with private discount rates, social discount rates can attempt to incorporate several factors (however, some factors may overlap or be inapplicable in a given analysis). One factor is a common expectation of increased wealth in the future, in which case a dollar received now, in the midst of relative poverty, has more utility than a dollar received later, in the midst of relative wealth. (This factor may not apply to non-monetary rewards, for example, measuring lives saved now versus lives saved later.) Similarly, economists refer to a "time value of money": a dollar received now might grant the recipient the option to either used the dollar now or to invest it (gaining interest) and using it next year, whereas a dollar received next year can only be used next year (and without the intervening interest). A third factor is that a proposed project may fail or become moot due to changing circumstances; if a fixed annual percentage change of such failure can be approximated, that risk can be rolled into the total discount rate.

Lucan Chartier, the assistant pastor of the Guys congregation, testified to his involvement in the repainting of the signs and maintenance of Church websites, further answering when questioned that he would continue to do so because he "has no option but to continue doing what my religion dictates." On June 26, the Judge filed his report and recommendation to find both Mr. Chartier and Pastor McGill in contempt of court for disobeying the Court order in repainting the Church signs, maintaining websites, and editing the Wikipedia entry describing the movement. On August 10, the Court of Appeals handed down their judgment affirming the ruling of the District Court, concluding that while the ruling substantially burdens Pastor McGill's religious convictions, religious liberty laws were inapplicable in property disputes, with trademark law under that category as intellectual property. They further defined the RFRA as applying only to cases in which the Federal Government is a direct party, not cases in which a private party seeks to enforce Federal laws against another.

In 1989, Indian Airlines had initially offered to pay ₹ 200,000 as full and final settlement to the relatives of each of the victims, the maximum amount allowed under Rules 17 and 22 of the Second Schedule to the Carriage by Air Act 1972. To receive a higher payout, the plaintiffs would have to prove under Rule 25 of said schedule that the damage resulted from an act or omission of the airline done recklessly and with knowledge that damage would probably result, so as to render the limit of liability (₹ 200,000) inapplicable. This was successfully challenged in the Ahmedabad City Civil court on 14 October 2009 and higher amounts were awarded by the court on a case-by-case basis, including factors such as age of the deceased, income, occupation, future prospects and life expectancy. A bench comprising Justices M S Shah and H N Devani passed the order and directed Indian Airlines and the Airport Authority of India (AAI) to pay the compensation to the petitioners by 31 December 2009. Indian Airlines would pay 70 percent of the compensation and AAI the remaining 30 percent.

Markestein was made aware of Moen's flaps retraction only during the taxi checklist's second reading, but neither officer remembered to revisit flaps, that item being absent from the pre-takeoff checklist. Any time a 707's flaps aren't extended (lowered) for takeoff, upon the crew applying thrust, the takeoff warning system should sound an audible warning signal (horn), but this didn't happen on flight 799, because Pan American had failed to implement Boeing's January 31, 1967 Service Bulletin 2384 recommending the warning system's throttle actuation point be reduced from 42 degrees of thrust-lever advancement to 25 degrees in order to work correctly in cold-weather conditions (where very cold air provides greater lift, as was the case with flight 799, hence less need for thrust): Pan Am's operations engineering group had decided (incorrectly) that Boeing's service bulletin was inapplicable to Pan Am aircraft, for reasons they never documented. The NTSB recommended that checklists be revised so that items critical for safe flight be accomplished prior to takeoff, and that Boeing Service Bulletin No. 2384 be immediately made mandatory via an FAA airworthiness directive. FAA (belatedly) issued the requested airworthiness directive five months later, on May 28, 1969.

The Great Seal of Canada used during the reign of Queen Elizabeth II Though it has been argued that the term head of state is a republican one inapplicable in a constitutional monarchy such as Canada, where the monarch is the embodiment of the state and thus cannot be head of it, the sovereign is regarded by official government sources, judges, constitutional scholars, and pollsters as the head of state, while the governor general and lieutenant governors are all only representatives of, and thus equally subordinate to, that figure. Some governors general, their staff, government publications, and constitutional scholars like Ted McWhinney and C. E. S. Franks have, however, referred to the position of governor general as that of Canada's head of state, though sometimes qualifying the assertion with de facto or effective; Franks has hence recommended that the governor general be named officially as the head of state. Still others view the role of head of state as being shared by both the sovereign and her viceroys. Since 1927, governors general have been received on state visits abroad as though they were heads of state.

The Court, in a footnote quoted above (the Court's note 7), expressly refrained from stating any of the following: whether contractual language could overcome, or prevent triggering, the exhaustion doctrine; if so, what language would be effective to do so; and whether the surrounding circumstances would be relevant. To the extent that the exhaustion doctrine is grounded in considerations of public policy, and to the extent that the interests of the public and third parties (such as Quanta in the Quanta case) are to be considered as well as those of the contracting parties, the courts may be more likely to place limits on whether the parties can by contract make the doctrine inapplicable to the goods that are the subject of their contract. On the other hand, if the policy of the exhaustion doctrine is seen merely as a rule to make sure that downstream purchasers get fair notice that their use of goods whose purchase they are considering will be restricted, courts may be more likely to uphold such restrictions unless they collide with other policies, such as those of competition or antitrust law. The Court explicitly refused to consider this issue in Quanta.

Article 1 of Protocol 1 only protects "current possessions" and not "possessions" that might be acquired in the future, therefore there is no right to receive any social security benefits other than those that are mandated by domestic legislation. Under UK legislation there is no provision for uprating in the countries where the applicants reside (Australia, Canada and South Africa), since these countries do not have social security reciprocal agreements with the UK. Just because the applicants paid all of their National Insurance contributions does not entitle them to a prescribed state pension amount. This is different to private occupational schemes because in those cases there is a "contract" between the provider and the recipient. Article 1 of Protocol No 1 on its own is therefore inapplicable to the Applicants. Article 14 of the Convention cannot stand on its own, since it is a "discrimination" Article, and therefore needs to be used in conjunction with other Articles. Whilst there is no obligation for the UK Government to provide a state pension, if it does provide one, then it must do so in accordance with Article 1 of Protocol No 1 "in conjunction with" Article 14 of the Convention.

The same year, on December 5, the Bucharest Court of Appeals overturned Antonescu's conviction for certain crimes against peace, on the grounds that the objective conditions of 1940 justified a preventive war against the Soviet Union, which would make Article 3 of the 1933 Convention for the Definition of Aggression inapplicable in his case "Reabilitarea numelui mareșalului Antonescu, respinsă",Mediafax, May 6, 2008 Claudia Ciobanu, "Pentru Chișinău, Antonescu ramîne criminal de război", in Cotidianul, February 23, 2007 (as well as in those of Alexianu, Constantin Pantazi, Constantin Vasiliu, Sima and various Iron Guard politicians). This act raised official protests in Moldova, the independent state formed in Bessarabia upon the breakup of the Soviet Union, and in Russia, the Soviet successor state, as well as criticism by historians of the Holocaust. Claudia Ciobanu, "Rusia îl consideră pe Antonescu criminal de război", in Cotidianul, February 23, 2007 The Court of Appeals decision was overturned by the Romanian Supreme Court in May 2008. The same year, Maria Antonescu's collateral inheritors advanced a claim on a Predeal villa belonging to the couple, but a Brașov tribunal rejected their request, citing laws which confiscated the property of war criminals.