arbitrary and capricious

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The application of the reasonable ness standard of review is the focus of Part II, in which the author criticizes the general approach to reasonable ness review in Canada, but suggests that the rule of law and democracy may assist in clarifying the law, by set ting the boundaries of the "range" of reasonable outcomes and structuring the analytical framework for identifying unreasonable administrative decisions.
They consider the law of evidence and standard of review in the case, the law of treaties, procedural law aspects, institutional implications of the judgment, and its domestic and international implications.
In 2014, the Supreme Court of Canada affirmed in Mission Institution v Khela that the standard of review for administrative procedures is correctness.
While the Federal Circuit may have a propensity to default to a de novo standard of review for claim construction that the Supreme Court may eventually want to address, the Eidos Display case probably did not provide the appropriate vehicle to do so.
The standard of review applicable to a transaction has enormous implications for any litigation--which inevitably follows from the announcement of a large public-company deal, Regardless of the merits of such suits, the standard of review affects the timing within which unmeritorious actions can be dismissed, and this affects litigation costs, people costs due to time devoted to discovery, etc.
The applicable standard of review might influence which issues to appeal and how to frame them.
The Court in Dunsmuir identified a number of situations in which a court should adopt a reasonableness standard of review, and other situations where correctness is the appropriate standard.
Laws regulating commercial speech (such as the laws that used to prohibit lawyers from advertising) are typically evaluated under the intermediate scrutiny standard of review.
Rosenblum argued that Oregon's ban "cannot withstand a federal constitutional challenge under any standard of review.
2) In 2012, judges from both the Sixth Circuit and Ninth Circuit Courts of Appeals recognized both intra-circuit confusion and an inter-circuit split on what standard of review should apply to a district court's determination of whether evidence is admissible under the hearsay rules and exceptions.
The standard of review in WTO dispute settlement; critique and development.
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