Sentences with phrase «continued validity of»

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 otherOf course the claim for universal validity can continue to be made while ignoring the similar claims of otherof 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.
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