should have been whether the ICE agents could permissibly
act on their
153) This is understandable given Justice Rehnquist's express mention of the CWA, the statute at issue in Caltrans, as an example of Congress's permissibly
authorized use of Ex Parte Young.
117) And again, Kent Greenawalt has shown the "complexity of considerations that bear on how civil law should permissibly
involve itself in matters of religious significance.
But except in a war fought entirely apart from civilians, such as perhaps a purely naval war, unjust combatants cannot fight permissibly
Normative claim: There are circumstances in which the interests of individuals may permissibly
be subordinated to the common good.
Returning to the Voting Rights Act: the challenge for those who feel the pull only of the "democratic citizenship" pole in this debate (those who would endorse a categorical, per se bar on the use of race or race consciousness in the districting process) is to explain why, when majoritarian power is permissibly
diffused to ensure more adequate representation of various minority interests in so many other settings, the singular interest for which this process should not be permitted -- indeed, for which it should be constitutionally prohibited -- is where that interest is defined in racial terms.
10) The Court suggested that states may permissibly
discriminate against nonresident taxpayers by disallowing mortgage interest deductions and real estate tax deductions only for homes located outside of the taxing state.
Finally, after concluding that the government had the right to prosecute the defendant for both offenses, the plurality examined whether the court could permissibly
impose cumulative punishment in the form of separate fines.
In October 1995, the Ninth Circuit considered whether the National Marine Fisheries Service permissibly
applied the International Dolphin Conservation Act(87) when, on February 7, 1994, it prohibited the American Tunaboat Association from engaging in purse seine tuna fishing for the rest of 1994.
106) While standing alone such evidence may be considered insufficient to convict the defendant,(107) the jury may permissibly
draw an inference from this and other circumstantial evidence to conclude that the proceeds could have only been derived from an illegal source.
Damages awarded to Fuji by the Federal District Court were NOT, as has been reported in the press, because Jazz "stole Fuji's technology", but because (i) many of Jazz's independent contractors refused to provide evidence necessary for Jazz to prove that they permissibly
reloaded their cameras, and (ii) it applied the Federal Circuit's holding of permissible repair, which restricted the reloading activity to camera shells which come from disposable cameras first sold in the USA.
Ireland, (46) the ECHR, while not itself categorizing the relevant speech as commercial rather than religious, was willing to uphold a state-imposed restriction on religious radio advertisement on the grounds that Ireland could permissibly
distinguish between religious advertisements and religious programming and ban the former while allowing the latter.