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The "unreasonable application" clause requires the state court decision to be more than incorrect or erroneous.
Second, "under the 'unreasonable application' clause, a federal habeas court may grant the writ if the state court identifies the correct governing legal principle from this court's decisions but unreasonably applies that principle to the facts of the prisoner's case".
Third, the inclusion of a "universal application" clause in the revised IHR (2005), after lobbying by Taiwan and its allies, drew stark attention to Taiwan's predicament.
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"In its application, that clause remains problematic because article 10 line 2 has many weaknesses and is understood differently by both the society and law enforcement officials," the study concludes.
Opinions issued by the Clinton administration Office of Legal Counsel often presupposed the application of the clause, and conceded that "[t]he tradition of interpreting the Clause has been 'formalistic' rather than 'functional".
The Patent Office rejected his application, citing a clause in the patent code which says that life forms are not patentable.
document the consultation conducted under subclause (I) in the application submitted under clause (i).
Rather, under the Necessary and Proper Clause, application of a "rational basis" test should be at least as exacting as it has been in the Commerce Clause cases, if not more so.
Redis Labs made amply clear that the application of Commons Clause made them not open source, and that Redis itself remains open source and BSD-licensed.
Redis Labs made amply clear that the application of Commons Clause made them not open source, and that Redis itself remains open source and BSD-licensed.
A new Commission was established in order to settle a dispute concerning the application of this clause.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com