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The government maintained that the standard should be intermediate scrutiny based upon the historical decision of Heller, where the Court recognized that prohibitions on the possession of firearms by felons and the mentally ill are presumptively lawful, as well as the fact that other courts have generally applied the same standard.
The Preserve Access to Affordable Generics Act seeks to declare these settlements as presumptively anticompetitive.
The IRS took the position that the mere fact that LLCs are limited liability entities makes their activities presumptively passive.
Therefore, the losses from these interest were not presumptively passive under IRC Sec.
In the current study, galactomannan results from plasma samples were compared between birds with histologically confirmed aspergillosis and those that were clinically normal presumptively non-Aspergillus infected birds per submitting practitioners' responses to a questionnaire.
But in the Hillblom case, there were very few facts, and very little effort made to unearth any, until Lujan takes on the case of a rather presumptively named Saipan youngster, Junior Larry Hillblom.
Peake said he based the decision to presumptively connect ALS to military service primarily on a November 2006 report from the Institute of Medicine that concluded that "there is limited and suggestive evidence of an association between military service and later development of ALS.
However, because bacterial culture is the only certain method of diagnosis and cultures take time to return results, most patients received antibiotic therapy presumptively.
The judgement states "administrative bodies empowered to decide questions of law may presumptively go beyond the bounds of their enabling statute and decide issues of common law or statutory interpretation that arise in the course of a case properly before them, subject to judicial review on the appropriate standard.
The court held, inter alia, that employment contracts indefinite in duration are presumptively terminable at the will of either party for any reason or for no reason at all.
Lanza (R/I-Richmond) said the bill adds a section to the workers' compensation law stating that employees and volunteers who worked in the rescue, recovery, or cleanup efforts at Ground Zero, Fresh Kills Landfill, or barges transporting debris between the locations are presumptively eligible for workers' compensation claims for certain qualifying conditions related to the work.
United States (see sidebar), under which any information about certain protected spheres, beyond what an unaided human observer could glean, would be regarded as presumptively private.