"What principles do you have to suggest, if any," the justice asked Mr. Fisher, "for creating a fair system that isn't just arbitrary?" Rigorous appellate review, to weed out "passion and prejudice," would address that problem, Mr. Fisher said.
Congress also stripped the courts of their power to review arbitrary decisions by immigration officers and mandated the deportation of legal immigrants for even minor criminal offenses committed decades ago.
Some have complained that the national goals seem arbitrary and that review panels would be forced to prioritize these goals since they will be presented with proposals that are equally meritorious, but advancing different goals.
Q: Given the seemingly arbitrary "Yelp Sorted" reviews, how can you prove that Yelp doesn't rate paid advertisers preferentially?
"The order under review is arbitrary and capricious under any standard".
Others, like Carl Gudenius, say that preservation decisions, which are made by the city's Board of Architectural Review, are arbitrary, and that Alexandria has only itself to blame.
After risking their lives by boarding small boats to sail towards Europe, many end up in Malta, where they are held in detention; a Human Rights Watch report last month called on Malta to review its "arbitrary detention policy".
The requirement that half of its music should be more than four years old was an "arbitrary date", said the review, and would be replaced with one that no more than 30% should be "new music" – either unreleased or less than one month since release date.
(I'd spend the next six weeks bemoaning the arbitrary nature of video review. To wit, if the basket hadn't occurred right before a TV timeout, would the refs had conferred the replay?) I immediately got that disgusting feeling in my stomach typically reserved for Philly sports teams in big moments.
But it goes back to the arbitrary nature of the review process.
