But, because the Rita decision suggests
the continued validity of «traditional» departure analysis after Booker, one of the Seventh Circuit's post-Booker views has been indirectly reversed.
The role of «traditional» departures: As previously noted here, Rita suggests
the continued validity of «traditional» departure analysis after Booker, and thus casts serious doubt on the Seventh Circuit's repeated assertion that departures are obsolete after Booker.
He believes that it requires that Christians «must first clearly affirm
the continued validity of the Jewish covenant apart from what Christians may believe about the coming of Christ.»
At a later point we will take up
the continuing validity of this critique.
In his analysis of the ruling at SCOTUSblog, Lyle Denniston says the case «raises significant new questions about how sturdy the «exclusionary rule» is as a remedy for constitutional violations by police» and suggests «new doubt about
the continuing validity of the «knock - and - announce» rule.»
But, if the bylaw was referenced, for example, to refer to part of the municipality that is no longer part of the municipality due to de-annexation, or to provide a source of authority to adopt the referring document, the repeal of the bylaw without a replacement might cast doubt on
the continuing validity of the referring document.
However, in no event is
the continuing validity of the adoption contingent upon continuing contact nor is the ability of the adoptive parents and the child to move out of state to be impaired by such an order.
In no event shall
the continuing validity of the adoption be contingent upon the post adoptive contact, nor shall the ability of the adoptive parent to change residence be impaired by a sibling contact order.
Not exact matches
In a statement after Tuesday's leak, Avid Life Media said: «We are actively monitoring and investigating this situation to determine the
validity of any information posted online and will
continue to devote significant resources to this effort.
YAC's solicitors told the Supreme Court
of Western Australia on the 21 January that it would not
continue with its intention to hold a General Meeting
of Electors on 1 February following a challenge by WMYAC as to the
validity of the meeting.
If any provision
of these terms and conditions is found by any court
of competent jurisdiction to be invalid, the invalidity
of that provision will not affect the
validity of the remaining provisions which shall
continue to have full force and effect.
Allow this center in a man to remain dulled by the crowd; allow it to
continue dissipated by busyness; permit it to go on evading its function by a round
of distractions, or to lull itself by a carefully chosen rotation
of pleasures; abandon it to its attempt to drug, to narcotize suffering and remorse which might reveal to it its true condition; let it wither away the sense
of its own
validity by false theories
of man's nature,
of his place in the social pattern,
of his way
of salvation; in short, allow any
of these well - known forms
of domestication
of man's responsible core as an individual, to
continue unchallenged, and you as a thinker and a friend
of men have committed the supreme treason!
If the fashion in which the basic New Testament proclamation has been interpreted in the preceding chapter has
validity, then talk
of the resurrection
of Christ is a way
of affirming that God has received into his own life all that the historical event, designated when we say «Jesus Christ», has included: his human existence as teacher and prophet, as crucified man upon his cross, in
continuing relationship
of others with him after that death, and along with this what has happened in consequence
of his presence and activity in the world.
The legendary was slowly relegated to the remote past; belief in the
validity of dreams and in portents
continued for some time, and doubtless among certain classes permanently.
The second audience is the ongoing Jewish and Christian one that
continues to affirm the
validity of biblical theology and to harbor many alternative understandings.
church is seen as essential to the
continuing work
of Christ, these para-church organizations have
validity only insofar as their services are still needed.
In the most pronounced cases, belief is lost in the very existence
of God and / or
validity of religion, rendering the individual an atheist, even if they bravely
continue with the outward expressions
of faith.
Of course the claim for universal validity can continue to be made while ignoring the similar claims of other
Of course the claim for universal
validity can
continue to be made while ignoring the similar claims
of other
of others.
In contrast, Stackhouse's proposal, in making apologia central (and also in its «orthodoxy» pole — though apparently not in its «praxiology» pole), seems to
continue to assume the
validity of the theory - to - application picture
of the movement
of theological education.
It is not sufficient therefore that the Old Testament should indicate a certain moral position (e.g. the practice
of slavery or
of divorce, or that
of extermination in the case
of war) for this position to
continue to have
validity.
The recent, though scantily reported, rise within Jewry
of a «Messianic» movement which, while affirming the
continued theological
validity of the Jewish people, also accepts Jesus as Israel's Messiah, could not have occurred in past centuries when the traditional churches held sway and routinely burned premillenial types at the stake as heretics.
In addition, «If we were creating something new and unknown, [we would have] to let people know the
validity of it,» Sands
continues.
«If the
validity of his appointment is not decided now, his investigation may
continue for many more months or years under a cloud that will not be removed until or unless he obtains an indictment, and the person indicted moves to dismiss it on the ground that Adler was never validly appointed.
The former chief whip is
continuing his bid to drive back the scandal which forced him from office this autumn, after questions emerged about the
validity of police claims about his brush with officers manning the Downing Street gate.
Unlike Barnes, other experts who testified for the prosecution in the Woodward trial
continue to support the
validity of SBS.
If any provision
of these terms is determined by a Court
of competent jurisdiction to be invalid or unenforceable in whole or in part, the
validity and the enforceability
of the remainder
of the provision in question and
of the remaining provisions
of these terms shall be separate and several and construed and enforceable accordingly and shall
continue in full force and effect.
And one needn't take a stand on the
validity of auteurism as a framework for discussing movies to acknowledge the way it
continues to dominate discussions
of current works
of international art cinema; those
of us invested in movies as art
continue to latch on to the director as artist.
We
continue to hold awarding organisations to account for the
validity of their qualifications, and to take action where we find problems.
We have identified specific questions that we will
continue to discuss with the STA, to help them to enhance the
validity of the reading and maths tests, over time, for all pupils.»
Debate
continues about the
validity of these findings, but there is no denying that these programs operated in a far different social and demographic setting than programs today and that they were «hothouse» programs: Run by top - notch specialists, the programs served fewer than 200 children, cost at least $ 15,000 per child per year in today's dollars, often involved multiple years
of services, had well - trained teachers, and instructed parents on effective child rearing.
While some education researchers may question the
validity of the nation's «STEM crisis,» it remains clear that California students
continue to struggle in mathematics when compared with their peers across the nation.
Often, this 2013 «success» is used as justification for «keeping our foot on the gas» and
continuing an aggressive agenda
of test - based accountability and teacher evaluation based on methods lacking
validity.
One
of the key concerns readers have had at both Amazon and Goodreads, and will undoubtedly
continue to cause concern under the new partnership, is the
validity of book reviews in a climate where accusations have been hurled about paid reviews, trolls, and worse.
This requires a creditor to verify, validate and prove the
validity of an alleged debt before they can
continue collecting on this debt, if they can't prove it, yes you guessed it then you don't have to pay it.
Perhaps one reason lies in the basis that to acknowledge that such achievement is possible, questions the
validity of the excuses for killing and then what does that say about those that systematically
continue to do so?
In 2005, the artist opened lesser new york in her Williamsburg loft, which was a response to Greater New York (2005) but it was lesser; it was a greater response to the lesser limits
of the art world that she saw reflected in PS1's concurrent survey; this lesser exhibit / installation was organized under the auspices
of a «fia backström production,» a lesser production
of curated ephemera such as press releases, invites, posters, and so on culled from found materials and the work
of a greater local network
of friends and peers; the lesser aesthetics
of dejecta, pasted directly onto the walls, reflects a greater decorative pattern, not unlike Rorschach images
of a lesser art industry itself within a critique
of a greater institutional relationship to art production; as such, the lesser display
of curated ephemera (from nonartists and artists alike) not only comments on the greater vortex
of art and capital, but also serves as a lesser gesture toward something like a memorial wall, not unlike a collection
of posters on the greater Berlin Wall, or a lesser improvisational 9 - 11 wall, or, more recently, a greater Facebook wall, or the lesser construction wall surrounding the Second Avenue gas explosion in the East Village, all pointing to a lesser memorial for the greater commodified institution
of art consumption; whereas in Backström's lesser new york each move repels consumption by both the lesser value
of the pasted paper and its repetition, which dispels the greater value
of precious originals; so the act
of reinstalling lesser new yorkten years later at Greater New York — the very institution that rejected her a decade earlier — speaks to the nefarious long arm
of Capitalism that can morph into an owner
of its own critique; so that lesser new york is greater than its initial critique, greater than a work
of institutional critique: it is a continuous institutional relationship, a lesser critique that keeps on giving in its new contexts; the collective spirit
of artists working together playfully is lesser, whereas the critique
of how artists can imagine working alongside the institution is greater, or vice versa; the lesser gesture
of a curated mixed - media installation in one's home with no clear identification and no commercial
validity becomes untethered when it is greater, and this particular lesser becomes greater in the Greater New York (2015) context; still, the instabilities
of the organizing systems by Backström
continue to put pressure on both the defining features
of art production in both the lesser context and the decade - later greater one; further, the greater question
of what constitutes an art as a lesser art becomes a dizzying conundrum when the greater art institution frames the lesser to be greater, when the lesser is invested in its lesser relationship to the greater.
Yes, there were anxieties and debates back then about styles
of painting and where painting needed to go to remain modern and relevant — but there was no existential crisis about its
continuing primacy and
validity.
Throughout the twentieth century and accelerating with the rise
of conceptualism and Michael Fried's prediction
of the end
of art, or at least the death
of painting, critics, curators, and historians have questioned the
validity of the medium while artists have
continued to paint.
Other yeses are bigger:
continue affirming the
validity of my presence, let go
of assumed truths and embrace the miraculous unknown.
(I'm mentioning this because you mentioned the work
of Fourier and it's
continued validity today)
As Congress argues the
validity of global warming, Cushman
continued, the Keystone Pipeline has become a fulcrum in the debate.
In doing so, the report reviews the
validity of continuing to base corporate strategies on «business as usual» scenarios.
Now, none
of us can attest to the
validity of what has been posted on a Russian server, allegedly by someone on the inside who has had enough (nor can we even be sure
of how it was obtained, though it purports to be non-classified data held by a purely public agency subject to freedom
of information / transparency laws, even if that agency
continues to stonewall requests for access to the data).
With the recent decline in solar flux and the shift to cool phases
of ocean oscillations, natural climate change suggests that although glacier retreat and sea level rise will likely
continue over the next few decades, the rates
of sea level rise and glacier retreats will slow down.The next decade will provide the natural experiment to test the
validity of competing hypotheses.
I am much more interested in a
continued informed debate on the
validity of S&B 11 and the REASONS for the massive over-reaction to it.
Essex, McKitrick and Andresen (2007) have questioned the
validity of the global temperature anomaly as an indicator
of climate, but since the IPCC
continues to compare it with climate models, we should expect agreement.
When a
continuing series
of peak hottest years occurs every four or five years, each peak a little hotter than the last, then there is an obvious temptation to view that particular metric as being a more useful indicator
of the
validity of the AR5 climate models than would be the central trend
of the observations.
While I do not necessarily question the competence
of the research or the
validity of their points as to the fuzziness
of the Ecological Footprint, the overall trend for the world's ecological health
continues its - seemingly - inexorable decline.
I've previously drawn attention to this need to ensure
validity of statistical inference as a reason why climate modelling is not immune from these findings, but some here
continue to seek refuge in the first point above i.e. this can't be right because it is inconsistent with the science.
Charles Russell associate, Morven McMillan says the judgment shows
continuing support for the principle that although a will is revoked by marriage, such revocation does not undermine the
validity of an otherwise binding agreement.