At a press briefing today, a senior American trade official voiced a similarly categorical view.
In other areas of antitrust law, the court has steadily backed away from the categorical view of antitrust liability and is highly likely to use this case as a vehicle for doing to same thing for resale price maintenance.
Given the structure of the principal opinions, including their relative length and tone, it is possible that Justice Stevens had initially controlled the case and, on the assumption that he had five votes on his side, had assigned it to Justice Kennedy, who then strayed somewhat from the more categorical view of the Stevens four.
But whereas the categorical view triumphed in Heller, Justice Frankfurter and the First Amendment balancers won most of their battles.
The above "categorical" view of drinking led many people to feel that they were "safe" as long as their drinking did not place them in one of the two diagnostic categories.
Although they can seem, at first sight, simple generalizations of the necessary conditions that distances between point and subsets must satisfy, these spaces have turned out to have such good properties that they solved the problem of how to treat, in a unified way, such different notions as metrics, topologies, and uniformities, especially from the categorical view-point (see [37, 38]).
The report does not, however, express a categorical or clear view whether photocopying of the sort we have in this case is or is not a "fair use" under the doctrine as it has been developing.
To use a well-known metaphor: from a categorical point of view, Neurath's ship has become a spaceship.
Indeed, from a categorical point of view, a Cartesian product in set theory, a direct product of groups (Abelian or otherwise), a product of topological spaces, and a conjunction of propositions in a deductive system are all instances of a categorical product characterized by a universal property.
