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Exact(10)
Today the Court stands the Linkletter holding on its head by creating a class of cases in which nonretroactivity is the rule and not, as heretofore, the exception.
Indeed, we may generalize a class of cases where the use of the trademark does not attempt to capitalize on consumer confusion or to appropriate the cachet of one product for a different one.
But allowing judges to close the courthouse door to a class of cases on the ground that they create too much work is, Professor Levy writes, "deeply troubling," for two reasons.
There is a class of cases that are simply beyond the ability of the legal system to resolve, both because some truths are ultimately unknowable, and because it isn't "justice" when everyone emerges from a trial so damaged that it hardly matters who won.
It belongs to a class of cases somewhat peculiar and anomalous, in which promises have been made to a parent or person standing in a near relationship to the person for whose benefit it was made, and in which, on account of that relationship, the beneficiary has been allowed to maintain the action.
While intent is, in a certain sense, essential to the commission of a crime, and in some classes of cases it is necessary to show moral turpitude in order to make out a crime, there is a class of cases within which we think the one under consideration falls, where purposely doing a thing prohibited by statute may amount to an offense, although the act does not involve turpitude or moral wrong.
Similar(50)
Stobbart's late complaint would probably have put her, along with many other women, into a class of rape cases traditionally seen as hard to pursue.
The fundamental assumptions of statistical mechanics imply that this independence will hold in a large class of cases given a judicious choice of quantities characterizing the causes and effects.
On the other, they inspire independent interest as algebraic structures; for instance, the set of operation preserving maps from one quandle to another admits a natural quandle structure in a large class of cases.
On the other hand, all known methods for solving the latter two problems require a 'brute force' search through a large class of cases which increase at least exponentially in the size of the problem instance.
Instead, Turkey and Mexico are claimed to be similar and different to a sufficient extent and belonging to a certain class of cases; inferences can thus be made to this class (Sartori, 1991).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com