"But the board would probably have to demonstrate that it was not acting arbitrarily".
It accuses the State Education Department, which refused to order a desegregation in 1997, of acting arbitrarily.
Not surprisingly, Feinberg's position has infuriated the families of the most highly paid victims, who accuse him of acting arbitrarily, unfairly, and, finally, illegally.
As long as it was not acting arbitrarily, he argued, it should be able to impose its rules, whether or not the court deemed them wise.
The court admonished Florida's secretary of state for acting arbitrarily by actually adhering to the deadline called for under state law, and then went on to set its own completely arbitrary deadline.
"I don't know whether there's a panic," said Senator Patrick J. Leahy, the Vermont Democrat who heads the Judiciary Committee, "but there's such a sense of concern, either at the Justice Department or at the White House, that they feel they've got to start acting arbitrarily, trying things that have never been tried before".
These steps may not be required by law in an immigration case, but they are necessary to reassure the public that the government is not acting arbitrarily or using excessive force -- even if it has a search warrant -- when it invades someone's home in the middle of the night.
With those words, Mr. Bassiouni captured the challenge of the commission's work: what was the nature of the repression — systematic and orchestrated by the state, as the opposition insists, or the authorities' acting arbitrarily and independent of one another across a landscape in which even the king's orders were ignored, as Mr. Bassiouni suggests?
The vote was won, but with the proviso that Congress can withdraw from the WTO if it thinks the organisation is exceeding its authority or acting "arbitrarily or capriciously".America's economy now has greater links with the rest of the world: exports and imports were together equivalent to 25% of GDP in 1997, up from 21% in 1993 and 17% in 1985 (see chart 3).
If this is not the case, a bounded steady-state regulation error is ensured whose amplitude, though, can be arbitrarily decreased by acting on a design parameter of the regulator.
