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43) A closer examination of each of these justifications reveals their basic inapplicability to secret opinions.
As discussed in Part I, the Court in Kiobel recognized the inapplicability of the presumption to the ATS qua jurisdictional statute and applied the presumption against extraterritoriality instead to determine the geographical scope of the federal common law cause of action recognized in Sosa.
However, with ATRA's retroactive extension of the 100% gain exclusion and the inapplicability of any tax preference item for AMT purposes, Sec.
Darby underscores the inapplicability to a non-therapeutic procedure of a risk-benefit analysis, given that the latter is a framework devised to determine the appropriateness of therapeutic medical procedures treating pathological conditions.
public companies is clearly a reflection of the increased cost of being a public company, even when considering the inapplicability of SOX section 404 to small companies.
Not less true was also the fact that, although they had concluded agreements both with the Germans and the Hungarians for their entry into the royal political party, the Romanian authorities were aware of the fragility and inapplicability in a strict manner of the provisions of these official documents.
It contains a number of noteworthy contributions to the literature on piracy studies, ranging from an excellent chapter by one of the editors, John Kleinen (on the inapplicability of Eric Hobsbawn's radical and romantic thesis that bandits could be Robin Hoods), to the historical experience of piracy in Asia.
What is the regime of applicability or inapplicability of the said concepts?
In thinking about the meaning of post modem values shift, the inapplicability of the 18th Century Enlightenment ideals that dominated the moral development of generations before the most recent is starkly clear in example after example of the explanations given by students for cheating (Blum, 58-59)
8) Yet to my knowledge there has been little effort to apply (or to demonstrate the inapplicability of) these analyses to executive legislation in Canada.
Most of these I've forgotten out of inapplicability or disuse, but there are a few that have stuck or been reworked in this age of glass.
Nevertheless, the inapplicability of this rule to longevity risk may give life settlement securitizers an advantage over securitizers of other financial assets, since longevity risk can be passed on in its entirety to investors.