Parties and courts endeavor to
construe claims in a way that will resolve the question at hand for a particular case: whether the accused product infringes.
When members
construe the external image as attractive--meaning that they believe this image has elements that others are likely to value--then organizational affiliation creates a positive social identity (Tajfel, 1982) that increases the level of overlap between how a member defines him- or herself and the organization.
The Court is not only empowered, but required, to
construe patent terms when the parties disagree as to their meaning.
It is not clear that DeLeon regretted his departure, yet Bender
construes it as evidence that professionalization brought about "a narrowing in the spectrum of legitimate social analysis," even as he also acknowledges that professionalization on Seligman's terms "moved the general discussion of economics to the left." Given the Kuhnian premises of Bender's work, one might have expected him to explain this narrowing of the spectrum not solely in terms of politics and interests, but also as a product of the dynamics of "normalization" in a professional community of inquiry.
of mapping the axiomatic features of the architectural experience--the abstract conditions of openness and closure--onto the reality of a given space." If such holds true for the destiny of sculpture in its postmodern field, might we not be able to
construe a similarly expanded field for architecture in its present exploratory condition?
If given the unfettered discretion to chose among reasonable alternatives, the IRS and Treasury (hereinafter collectively referred to as "the IRS") may feel obligated to promulgate regulations that test the outer limits of reasonableness, particularly if they are sometimes pushed to
construe a statute based on the revenue estimates.
The Court held for landlord stating: "[W]here the exculpatory clause [i.e., Lease [paragraph] 13] is so broad, for the court to
construe the clause to permit extensive work except where the Hotel must be closed to customers, would constitute a re-writing of the contract by the court."
The Sixth Circuit has held that when an administrator of a stock bonus/profit-sharing plan was granted broad discretion to interpret and
construe the plan, its determination that a partial termination had not occurred should be reviewed under a relatively undemanding "arbitrary and capricious" standard (Sea Ray Employees' Stock Ownership and Profit-Sharing Plan v.
The Supreme Court has held that a denial of benefits under an Employee Retirement Income Security Act of 1974 plan is to be reviewed under a nondeferential de novo standard, unless the plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to
construe the plan's terms (Firestone Tire and Rubber Co.
In light of the relatively sparse legislative history that bears on the issue before us, we must
construe what we can to form a proper perspective and provide a definitive answer to this anomalous situation.
The RapidAmerican case required the court to
construe the provisions of a lease agreement which was entered into roughly 15 years prior to the 1985 enactment of New York City Local Law No.
For example, if we acknowledge femininity as a discursive construction, how can we authentically
construe a feminine esthetics and identity apart from the patriarchal framework upon which they are grounded?