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In applying the reasonable expectation of privacy test, the court was trying to distinguish less invasive practices from more invasive practices.
Creating a procedural mechanism that allows judges to consider such testimony in applying the reasonable investor test would result in more principled decision-making.
A reasonable person in his circumstances would not have felt free to leave, the appeals court said, applying the "reasonable person" test for custody that the Supreme Court's Miranda decisions have developed.
This value is 6.1-fold higher than the rate of 0.00041 from Wielgoss et al. (2011), who commented in their abstract that "our estimate represents the most accurate measure of bacterial base-substitution rates available to date" and in the text that "our estimate is probably more accurate" applying "the reasonable presumption of selective neutrality or near-neutrality for most synonymous mutations".
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The analysis suggests that a mechanism should be developed that would allow judges to apply the reasonable investor test before trial, but with the benefit of evidence.
Swayed by companies' complaints about the intense pressure they face to settle, district courts today often do apply the reasonable investor test to dismiss securities class actions pretrial.
Hence, petitioners questioning of the ability of courts to apply the reasonable modification requirement to athletic competition is a complaint more properly directed to Congress, which drafted the ADAs coverage broadly, than to us.
This is because when the buffer size is limited, the proposed CIM can preferentially forward messages in the priority queue according to the location information of nodes and the record of historical encountering, and it also periodically removes redundant information in the buffer, and applies the reasonable buffer replacement policy when congestion happens.
While our Framers never included a definition to the term 'effects' in the Constitution, courts have still applied the reasonable expectation of privacy standard to personal property.
Courts, for the most part, have been reasonable and consistent when applying the fair use factors.
There are also further questions about who should be charged with applying the 'reasonable risk' framework: national-level professional bodies, individual research institutions and scientists, or companies?
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com