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2 Nov 2009, 9:20 am
It is conventionally portrayed as chaotic and "muddy," and yet attempts by the judiciary to create some sense of order in it by delineating this field into distinctive categories that apply to each a different set of rules are often criticized as analytically incoherent or normatively indefensible. [read post]
29 Mar 2012, 4:21 pm
Relatively few Americans are willing to denounce the basic legitimacy of the Court--in the way, say, that I regularly denounce the legitimacy of the indefensibly apportioned United States Senate. [read post]
3 Apr 2015, 7:01 am
The company folks in Osaka, Japan will have to give serious thought to stop the hemorrhaging of money in the defense of these indefensible bladder cancer cases and go for a global settlement. [read post]
11 Jan 2012, 4:04 am
The Eldred Court also engaged in what I regard as an indefensible jettisoning of the Constitutional text: the grant of power in Article I, section 8 clause 8 is to promote the progress of science. [read post]
1 Jul 2010, 5:37 pm
The government batted away each reasonable request.Ultimately, this week, we had no choice but to sue to confirm the prisoners' names.As the political parties squabble over cutting waste, they would do well to begin with the government's pointless defence of the indefensible with their expensive hired legal guns – here, as in Binyam Mohamed's case.As if this were not folly enough, now the government has threatened to try to make Reprieve – a charity – pay… [read post]
18 Nov 2011, 2:00 pm
By now, we’ve all heard the disturbing allegations against former defensive coordinator, Jerry Sandusky, and details continue to emerge regarding the indefensible cover up of these egregious acts. [read post]
25 Jan 2017, 1:28 pm
Our welfare is bound to each others’: Slavery to northern workers was both morally indefensible and a threat to their own livelihoods. [read post]
17 Jun 2010, 12:20 pm
The Court’s implication, ante, at 10, that where electronic privacy is concerned we should decide less than we otherwise would (that is, less than the principle of law necessary to resolve the case and guide private action)—or that we should hedge our bets by concocting case-specific standards or issuing opaque opinions—is in my view indefensible. [read post]
15 May 2012, 1:32 pm
A panel of experts assembled by the agriculture industry’s own Center for Food Integrity viewed this undercover video for exactly what it is: proof positive that unacceptable and indefensible conditions existed at this factory farm where pigs are bred and raised. [read post]
15 Mar 2011, 7:55 pm
However, we believe that all of the reforms we recommend in this article would result either in no costs in terms of lost convictions, or (at the most) only in losses of convictions that were epistemically indefensible anyway, in that the convictions were only randomly right. [read post]
5 Aug 2010, 6:14 am
But every decision that lays bare the bankruptcy and exhaustion of the opposing side is another wrecking ball’s blow against an indefensible orthodoxy. [read post]
2 May 2010, 1:39 pm
The government batted away each reasonable request.Ultimately, this week, we had no choice but to sue to confirm the prisoners' names.As the political parties squabble over cutting waste, they would do well to begin with the government's pointless defence of the indefensible with their expensive hired legal guns – here, as in Binyam Mohamed's case.As if this were not folly enough, now the government has threatened to try to make Reprieve – a charity – pay… [read post]
5 Feb 2021, 5:20 am
Likewise, it was obvious that the Bank’s position of 2.5 weeks of severance was indefensible, to the point Justice Vella considered such a minor payment as “unfair and unreasonable. [read post]
23 Mar 2015, 10:21 am
Lane, a holding that would be indefensible if the rule of Penry extends to mitigation evidence that can be considered under the special issues but not in all the ways the defendant wants.In Graham v. [read post]
15 Nov 2007, 6:37 pm
H/T: Indefensible Update: Scott notes the most obvious downside of juries taking notes: They don’t pay attention to what is currently being said. [read post]
15 Jun 2012, 1:50 pm
Moreover, emphasizing paragraph 5 should serve as a stark reminder to the Security Council that it has a legal — and not simply moral — obligation to do everything in its power to end Taylor and her translator’s indefensible detention. [read post]
29 Apr 2015, 6:35 am
The company folks in Osaka, Japan will have to give serious thought to stop the hemorrhaging of money in the defense of these indefensible bladder cancer cases and go for a global settlement. [read post]
24 Feb 2017, 4:00 am
That leaves, finally, the content of Trump’s comments: that the issue is not that what he said was harsh and vulgar, or that he is the President, but is rather that what he said is substantively indefensible. [read post]
28 May 2013, 8:07 am
Fair-minded jurists could conclude that a state supreme court decision of that order is not “unexpected and indefensible by reference to [existing] law. [read post]
7 May 2012, 12:28 am
Nor did the Mail & Guardian contend for such a blanket rule, which would be clearly indefensible under our Constitution. [read post]
