The point is illustrated by the logic which the National Academy of Sciences employed to persuade the Supreme Court that «creation - scientists» should not be given an opportunity to present
their case against the theory of evolution in science classes.
He airily disregards the reasoned and powerful
case against this theory put by many capable and well - informed geologists and geophysicists.
Not exact matches
All told, the facts of the
case that prosecutors appear to be building around Cohen's work and those «privileged communications» between Cohen and his clients could, in
theory, prompt those prosecutors to call Cohen to testify
against his own clients.
The Challenge of Peace, without reference to the logic of prima facie duties, replicates the structure of Childress» argument exactly: just war
theory begins with a presumption
against war, and the just war criteria function to override this presumption (or to show that it should not be overridden) in particular
cases.
Gardner lists five ways in which these paranoid tendencies manifest themselves: (1) the pseudo-scientist considers himself a genius and (2) regards his colleagues as ignorant blockheads; (3) he believes himself unjustly persecuted and discriminated
against; (4) he focuses his attacks on the greatest scientists and the best - established
theories; and (5) he often employs a complex jargon and in many
cases coins words and phrases (neologisms) of his own.
In describing prosecutors»
case against their defendants — including Buffalo businessman Louis Ciminelli and former SUNY Polytechnic Institute President Alain Kaloyeros — the team of lawyers wrote of the government's «untenable» legal
theory, «meager allegations,» and «ill - conceived and improper interpretation of the law.»
A judge ruled the jury reached the verdict
against the preponderance of evidence in the
case because prosecutors strayed from the legal
theory presented in the original indictment.
As the
case against the drugs mounts, some are beginning to question whether the dopamine
theory itself is right.
Despite the perilous odds stacked
against them in vaccine court, the evidence of a vaccine / autism link is so strong that vaccine court judges and government agencies have now recognized at least two
theories of how vaccines cause autism: the Vaccine - to - ADEM - to - ASD link in Bailey Banks»
case, and vaccine - induced aggravation of an underlying mitochondrial dysfunction that caused full - blown autism in the Hannah Poling
case.
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theory of everything under the skin whiplash wild
Driven to prove himself and his
theories against his former idol, Goodman revisits the cold
cases to begin his own investigations.
His books include The
Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in
Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press.
2) I suspect (and this is a bit of a pet
theory of mine) that Apple stays in the ebook space primarily to disrupt the educational textbook market (I think that iBooks Author + iTunesU + «cheap» iPad 2s = a strategy for fostering disruption in education at the grass - roots level); their presence in trade publishing is relatively incidental (this may have not been so at the start — I also suspect that launching iBooks along with iPad was initially a hedge
against uncertainty about user adoption and viable use
cases for the iPad.
Similarly, in «Painting, Politics, and Post-Historical Art,» Danto makes the
case for an armistice between formalism and the various
theories that arose in opposition, noting that postmodern critics like Douglas Crimp in the 1980s, who positioned themselves
against formalism, nonetheless adopted the same constrictive air, minus the revolutionary beginnings.
PARENTEAU: It's testing these
theories which are very similar
against a body of state law, in different states as you just mentioned, and so it's probing, it's trying to find a breakthrough
case where you can find a state supreme court willing to make a really bold decision finding not only a right to a healthy environment, or a safe climate, stable climate, but also finding a duty on the part of the government to take real tangible action to address that.
My claim (verified in the evolution
case) is what you would expect to see is almost all of the reputable scientific organizations defending the
theory while a group attacks it and claims that they are being mistreated, that data is being manipulated, that the scientific community is suppressing data and arguments
against the
theory, etc., etc..
I suspect that much of the increased patent litigation costs come from companies that are bringing questionable
cases based upon inflated damages
theories or refusing to settle infringement
cases against them despite the fact that the facts do not support their
case.
[13] Asking the appellant, in front of the jury to provide his «
theory» of the
case or to explain the evidence
against him undermined the presumption of innocence.
However, the court did allow the
case to proceed
against the young boy on the
theory of negligence.
In fact, after this
case is over, Camara and Harvard Law professor Charles Nesson plan to file a class action
against the RIAA on the
theory that:
Usually, multiple
theories will be included in a lawsuit filed
against a dealer — which ones depend on the facts of each particular
case.
Since clerks are risk - averse by nature, under this
theory they have a greater incentive to recommend
against granting review, rather than risk urging the Court to take a
case that could turn out to be flawed or poorly presented.
Typically, such benefits are less than the amount that an employee might have received in a negligence lawsuit
against a non-employer defendant for the same injury, but the trade - off is that workers» compensation
cases are less likely to be contested and protracted than negligence actions — at least in
theory.
Defended multinational bank
against securities fraud claim in
case in which the court denied class action certification in decision involving the efficient market hypothesis and fraud on the market
theory.
It is important that you contact an attorney at the Fine Law Firm to discuss the various
theories that can be used in establishing your
case against the driver and their employer.
The plaintiff sustained serious injuries in the accident and filed a personal injury
case against the Department under the
theory of vicarious liability.
In order to succeed in a truck accident
case against an employer, a plaintiff can rely on the
theory of vicarious liability.
The European Commission's antitrust
case against Google is likely to be the first of many
against aggregators, because the end game of Aggregation
Theory is monopoly.
Amy: I only do research and the book is based primarily on interviews, in depth interviews with 40 adults who believe that when they were children they were turned
against one parent by the other parent and then I used those
case studies to explicate various aspects of PAS
theory that I'm interested in writing about.