Sentence examples similar to articulated presumption from inspiring English sources

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When a court evaluates uses that Congress has not specifically addressed, the presumption articulated in Sony Corp. is appropriate to effectuate the congressional instruction to consider "whether such use is of a commercial nature". 17 U.S.C. 107(107

Also, the Court made that statement in the course of evaluating a use that appropriated the entirety of the copyrighted work in a form identical to that of the original; the presumption articulated may well have been intended to apply to takings under these circumstances.

Such deference would create an important exception to the normal presumption articulated most famously in Rice v. Santa Fe Elevator Corp. that statutory ambiguity is resolved in favor of preserving state regulatory authority.

Supreme Court law provides a significant element of guidance: as the reach of federal law was extended, the court articulated a principle called the presumption against pre-emption.

In considering these principles, it became clear that Calhoun College presents an exceptionally strong case — perhaps uniquely strong — that allows it to overcome the powerful presumption against renaming articulated in the report, said the president.

Mr. Wyden said the president articulated "the common sense message that if doctors act in line with their own professional guidelines, that ought to create a certain presumption that they have acted reasonably".

— lacked articulated answers.

The presumption of the committee will be that the public has a right to know, and that the nondisclosure of information must be affirmatively justified by clearly articulated criteria for confidentiality, based on factors such as reasonable claims to privacy, the confidentiality of supervisory information, and the need to ensure the effectiveness of policy.

Risks are being articulated.

They're well articulated.

are not articulated".

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