licensed software) and distributed the resulting bundle, it
In K-Generation Pty Ltd v Liquor Licensing Court, (82) which involved a Kable challenge to the validity of a court having regard to secret evidence, the High Court had shown a willingness to read statutory provisions very permissively
to ensure courts retained broad powers to accord procedural fairness to persons affected by potential decisions.
Nonetheless, loyal sectors, abetted by self-serving survey organizations and sympathetic mainstream media and networks, continue to cling to the Cory mystique and Noynoy's honesty, despite the growing perception that the Aquino administration is not only incompetent, lacking in long-term vision, static, and unimaginative, but also the fact that the Aquino administration is permissively
corrupt, amateurish, and inefficient.
Regulators have permissively
allowed a lack of uniformity in how ETF providers are permitted to label their products.
Articles 20 and 21 of the Code are worded permissively
so as to grant physicians the discretion to breach professional secrecy "when there are compelling and just grounds related to the health or safety of the patient or of others." (90) Article 21 lists factors that must be considered when exercising this exception:
(129) OIG may also permissively
exclude any individual "who has a direct or indirect ownership or control interest in a sanctioned entity" (130) and "who knows or should know of the action constituting the basis for the [sanction]; or who is an officer or managing employee of such an entity." (131) Corporate counsel should advise his or her board and executives about the affect compliance lapses may have and how they could affect the information boards provide to the public, shareholders, and regulators to explain questionable conduct, mitigate any reputational harm to the company, and better manage the company's public disclosures.
To defend itself, the board need only show that it did not engage in a "sustained or systematic failure[;]" that it took some steps to prevent the situation; or, most permissively
, that it cannot be shown to have taken "no steps in a good faith effort to prevent or remedy that situation." (130) Furthermore, the Caremark duty to monitor rests on the largely supplanted duty of care, a duty that has been overwhelmingly waived in corporate charters of at least the country's largest corporations.
Clearly there was a desire on the Court not to permissively
expand on the numbers of ineffective-assistance cases, but there was also the intent to have the legal profession, through the ABA and state bar associations, establish standards of professional responsibility and regulate defense counsel.
(83) The circuit court reasoned these factors and questions of whether the "arising out of' requirement under CPLR 302 should be applied narrowly or permissively
, combined with the issue of whether a causal connection between the defendant's contacts with New York and the plaintiffs lawsuit is required, caused an ambiguity in the meaning of the statute which would best be answered by certifying the questions to New York's highest court.
It should regulate all electronic monitoring, even if it does so permissively
. The Fourth Amendment should be read alongside the First Amendment and the Due Process Clause as having a primary aim of protecting political liberty.
, indicating that Title I of the ACA did not require