Although it remains to be seen how the test will be applied in practice, other courts might
adopt similar tests as important privacy issues continue to arise in discovery and in access to court records and decisions.
National Assessment of Educational Progress (NAEP) data from the 1990s show that states that
adopted similar testing and accountability programs saw similar patterns.
Not exact matches
The researchers hope that
similar tests will be widely
adopted by hospitals all over the world.
As states
adopt comprehensive
testing programs in response to the federal No Child Left Behind legislation, large databases will be assembled that make it feasible to compare the progress of any given student with a peer group that has a
similar history of
test results.
This case provides long - awaited guidance on the
test for awarding fees in copyright cases, articulating an analysis
similar to the discretionary totality - of - circumstances
test adopted in the Court's Octane Fitness decision on the fee - shifting provision in the Patent Act.
It
adopted a narrow interpretation of the series of
similar acts
test requiring the acts to be «alike in character».
On the latter point the recommendation is to
adopt a
test similar to the one used for claims against the Legal Aid fund.
Second, having
adopted an expansive approach to the fair dealing purposes (and the government having added new purposes that will be subject to a
similar expansive analysis), the Court added another wrinkle to the fair dealing
test, stating that the first part involves a low threshold: «In mandating a generous interpretation of the fair dealing purposes, including «research», the Court in CCH created a relatively low threshold for the first step so that the analytical heavy - hitting is done in determining whether the dealing was fair.»
This
test doesn't use the «lap» format that most
similar tests have
adopted, but the results are still pretty clear.