While the solutions are beyond the scope of this Review, some possibilities include: eschewing an intent-based standard; a restriction on single-member districting, see Charles, Racial Identity, supra note 10, at 1277; and promulgating a vague standard similar to Professor Hasen's unmanageability
standard, see Richard L.
(377.) Chris Elmendorf astutely observes that an intent-based focus may shift unmanageability
from an inquiry into effects to one about intent.
Accordingly, the Supreme Court has been correct to emphasize the "unsuitability" of nonenforcement for judicial review, but wrong to infer "absolute" executive discretion from judicial unmanageability
, and equally wrong to shoehorn concerns about intrusion on executive inaction into constitutional standing doctrine.
Before exploring Bolivia construcciones and Eloisa Cartonera as instances of the aesthetic production of unmanageability
, it will be necessary to take a theoretical detour to determine exactly what is at stake in the debates over the "cultural" or "immaterial" commons, and how these debates connect to intellectual property and the critique of authorship.
can be seen as an accumulation of acts and consequences of imperialism and colonialism.
This could be due to many factors: the absence of a predominance criteria in the CPA; the fact that unmanageability
(under the preferability criteria) is less likely to be pleaded because there are only ten provinces; the homogeneity of the Canadian common law; the greater recourse to subclassing or other management techniques; or the simple fact that Canadian courts are more plaintiffs-friendly than US courts (92) and duck the law in order to favour practical resolution of claims through class settlements.
The test is largely unscathed, furthermore, by the unmanageability
critique that has doomed every other potential redistricting standard.
They use the terms "workload unmanageability
" ("the inability to accomplish tasks and reach goals in the time available during a workweek") and "workload intensity" (the number of tasks that one attempts to accomplish during a given unit of time) to demonstrite that.
Board of Education of Topeka, gave rise to similar problems of judicial unmanageability
. Yet American courts have ventured into these areas undeterred.
Comparison of DBT targets and 12-Step philosophy DBT targets 12-Step philosophy Emotional dysregulation Internal unmanageability
* Affective liability and * "Emotional volatility is often one of problems with anger the most obvious ways in which we can indentify personal unmanageability
." (5) Interpersonal Destructive relationships dysregulation * Chaotic relationships * "We were having trouble with personal and fears of relationships, we couldn't control our abandonment emotional natures, we were a prey to misery and depression ..." (6) Self-dysregulation God-shaped hole * Identity * "We were constantly searching for the disturbances/confused answer.
(201) Justice Scalia concentrated on the novelty and unmanageability
of what he called the 'psychological coercion' test and the inconsistency of the holding with long-standing practices concerning middle-school and high-school commencement ceremonies.
(47) A related worry is that delegation has expanded the federal regulatory agenda to the point of irredeemable unmanageability
. (48) Were Congress forced to focus and prioritize more, the regulation that does result could be better coordinated, assessed, and adjusted.