Sentences with phrase «penumbras of»

, but the constitutional basis for these claims is elusive, even more so than the conservative bugbear right to privacy (famously derived by Justice Douglas from penumbras of emanations from constitutional rights).
The Federal Reserve's financial stability mandate is seen in the penumbra of the Federal Reserve Act, and that is legally sufficient.
The legal basis for deriving implied powers from the penumbra of other express powers is best seen in Justice Douglas classic opinion in Griswold v. Connecticut.5 In the Griswold case, the United States Supreme Court struck down a Connecticut law prohibiting the use of contraception.
And since the misleading notions in question not only seem so sensible, general, and familiar, but carry a penumbra of scientific respectability, we are often either unaware of them or wholly indisposed to question them.
Moreover, the freight of expression, whether that of author or interpreter, includes more than a penumbra of bare propositions.
There was a penumbra of piety, a recognizably religious quality to the lives of these memorable figures of the 1930s, «40s and early «50s.
What can the Christian belief in «special revelation» possibly mean when it is articulated in terms of the penumbra of mystery that constitutes the widest context of our existence and which is testified to universally in human religious experience and symbolism?
But if one be kept at a lower intensity in the penumbra of feeling, it may act as background to the other, providing a sense of massiveness and variety.
He states dutifully: «Before the referendum we all agreed on what leaving the EU logically must entail: leaving the customs union and the single market, leaving the penumbra of the ECJ; taking back control of borders, cash, laws.
Note the appearance of a transient patch of negative polarity (black) magnetic field emerging in the positive polarity (white) penumbra of the main sunspot, outlined by the red circle.
That right is to be found in the penumbra of the Constitution that guarantees the right of privacy, home schoolers say, but getting the Supreme Court to agree has not been easy.
With multiple layers of paint, color and line, she creates an ambiguous space that affords the viewer an intimacy with her subject matter and both obscures and recalls the pain it evokes («Pietà») In her catalogue essay, Tina Kinsella writes, «Bracha's recent paintings beckon us to reprise the work of mourning, to return to the grounds from which the act of lamentation arrives and to reappraise the particular emotion that the laboring through grief produces... the Pietà always threatens to disclose this excess of sorrow by surfacing the penumbra of future loss that lurks in the heart of the maternal relationship between mother and child.»
Julian Jackson, Aura Study 2 Oil on prepared paper 26 x 22 inches May 12 — June 30, 2011 «Aura is often defined in near mystical terms as the halo or penumbra of colored light surrounding an individual in a field of radiant energy.
It is well within the atmospheric penumbra of Kilauea.
Such a decision is ostensibly justifiable on the basis of the identified «penumbra of uncertainty» in the interpretation of the positive law provisions of Article 8 TEU, Article 20 TFEU and Article 50 TEU, and the conception of EU citizenship that has been constructed in the judicial pronouncements upon these legal sources.
On their face, these actions seem to be extra-judicial since in many cases the police are not acting under the penumbra of law, but are essentially creating martial law with no authority.
One more question: on what basis do you assert that «the police are not acting under the penumbra of law»?

Not exact matches

Instead of being observed in the penumbra, financial stability is an open and obvious topic of the new law.
He also reasoned that «the First Amendment has a penumbra where privacy is protected from governmental intrusion,» 6 in particular the right of association.
Similarly, the Federal Reserve Act has a penumbra where the Federal Reserve derives its mandate to ensure financial stability, such that it may achieve the Section 2A dual mandate of price stability and maximum employment.
This time the pen was wielded by Judge Stephen Reinhardt, a sharp» tongued liberal activist only too happy to discover new rights in the penumbras, emanations, and hitherto undiscovered corners of the Constitution.
If portions of the country resist, the Supreme Court will very likely intervene and find a right to same - sex marriage amid the penumbras and emanations of due process or equal protection.
Nor should it have been a surprise that the Court, having successfully claimed for itself the authority to write a «living Constitution» based on penumbras and emanations, should assume the roles of National Metaphysician and National Nanny (as it did in Casey, with its famous «mystery of life» passage and its hectoring injunction to a fractious populace to fall into line behind the Court's abortion jurisprudence).
Between the two there is a «penumbra,» a sort of bridge where the brain cells although not functioning are recoverable.
He claims that given time the penumbra can connect the two sections, allowing some recovery of brain function to take place.
[16] Coimbra Cicero, 2001, Implications of ischemic penumbra for the diagnosis of brain death, University of Sao Paulo.
We have already seen anticipations of reversion in Whitehead's discussion of the imaginative penumbra surrounding the bare facts of the Battle of Waterloo (Q2: PR 185C), the incorporation of relevant alternatives to the datum in the objective lure, and the account of Hume's missing shade of blue (Q2: PR 87fC +).
We don't really want the Supreme Court to ignore the actual wording of the laws they interpret and go rooting around in the legislative shadows — the so - called «penumbras» — to get a particular result that the plaintiffs may favor.
Griswold established a constitutional «right to privacy» through Justice Douglas» famous discernments of «emanations and penumbras» supporting privacy, found in other constitutional guarantees.
Meland is attempting to speak of a way of being open to the fullest complexities and concreteness of a situation, to the penumbras as well as bright focal are as.8
Earlier decisions of the Court, Douglas said, «suggest that specific guarantees in the Bill of Rights have penumbras formed by emanations from those guarantees that help give them life and substance.»
Roe was actually decided on the belief that there was a «Right to Privacy» «emanating» from the «penumbras» of the Constitution.
Under the construction you (and Douglas) erroneously and ignorantly would allow, I should be allowed to hire a prostitute in Nevada and fly her to New York to provide her services (that are legal in Nevada, but not in New York) because, under Douglas faulty reasoning, there exists a «right to privacy» in the «emanations and penumbras» of the Constitution.
Anywhere in the penumbra, the eclipse will be partial, but the percentage of the sun covered will increase as you get near the umbra.
Instead, the sun stretches 0.5 ° across, so even during total solar eclipses, some of its light passes either above or below the moon, creating a less - dense shadow called the penumbra.
The surrounding lighter area, or penumbra, of each spot seethed with texture.
Scientists at NCAR's High Altitude Observatory used a supercomputer to create this 3 - D, high - resolution image of a sunspot's dark central region, called the umbra, and its outer region, called the penumbra.
«Stroke Care: Randomized penumbra 3 - D trial of next generation stent retriever meets primary endpoints: Data also highlight frontline effectiveness of aspiration using Penumbra System for stroke revascularization.»
MMP - 3 immunoreactivity was detected in cells within the lesion site, invading neutrophils, and blood vessel endothelial cells in the area outside of the initial injured area (the penumbra).
Drawing by Valderrama of the solar flare he observed on 10 September 1886 on a sunspot (with the penumbra shown with hashed lines and the umbra in black).
It is elongated due to its proximity to the limb... by looking at it carefully I noticed an extraordinary phenomenon on her, on the penumbra to the west of the nucleus, and almost in contact with it, a very bright object was distinguishable producing a shadow clearly visible on the sunspot penumbra.
This object had an almost circular shape, and a light beam came out from its eastern part that crossed the sunspot to the south of the nucleus, producing a shadow on the penumbra that was lost in the large mass of faculae surrounding the eastern extreme of the sunspot.»
He notes that such a model requires precise knowledge of gas velocities as well as the strength and tilt of magnetic fields in the penumbra, data the Swedish team hopes to obtain next year.
As the penumbra slides under the bottom of the Earth, the partial eclipse is visible in varying extent across the icy land continent and just as it begins to slide back out into space it (just barely) manages to pass over Tasmania as well as portions of New Zealand's South Island.
Private schools, and charters, don't enjoy the independence from proof of performance that districts, largely, enjoy and once they're out from under the performance penumbra cast by school districts they'll take to performance measurement schemes like a duck to water union resistance or not.
Her grief has some sort of penumbra, like an aura, and I'm caught in it, in some hidden and corresponding sadness in myself.
A QUESTION OF IDENTITY by Susan Hill / MR. PENUMBRA»S 24 - HOUR BOOKSTORE by Robin Sloan / MISSION TO PARIS by Alan Furst / GONE GIRL by Gillian Flynn / BEWARE THIS BOY by Maureen Jennings
We can expect some form of GI to become common, it will be rare stuff to see a shadow without umbra / penumbra, every model will be properly tessellated and displaced, the OIT will be commonplace (for games who needs it badly), we will forget forever about smoke not casting shadow onto itself, etc, etc - great times really.
Amnesia is the perfect example of this, and so is penumbra!
That the doppelgänger is often seen as a shadow is apposite here as each of these figures is attended by a wraith - like penumbra, a reworked and almost erased outline that prevails behind the manifest image.
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