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In the Court's last major encounter with affirmative action, Gutter v. Bollinger, in 2003, which dealt with the admissions policy of the University of Michigan Law School, Kennedy dissented from Justice Sandra Day O'Connor's cautious embrace of diversity as a legitimate factor for universities to consider.
In a statement, the California Chamber of Commerce said it believed the clarification would help employers "navigate their pay structure" and "avoid unnecessary litigation" about what business purposes would qualify as a legitimate factor.
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"It's a legitimate factor.
Mood becomes a legitimate factor in determining the creative mode.
Hence, say many experts, the often lame weather excuse was a legitimate factor this time around.
The high court had just ruled that race is a legitimate factor in admissions policies aimed at fostering campus diversity ( Science, 27 June, p. 2012), a stance that many took as a vote of confidence in their efforts, too.
The parts of the 'problem' understood as mountainous financial costs or political costs at home are accepted as legitimate factors by only a few of the participants; most cavalierly shrug off anything but the war itself.
The elite private colleges, which enjoy not only greater resources but also more discretion, do give more weight to subjective judgments of students' potential (as well as less legitimate factors, such as their family's wealth).
We have recognized this purpose as a legitimate one under the first factor of the fair use analysis.
In the specific case of NLC, direct land right conflicts due to the government not recognizing shifting cultivation as a legitimate land use (another important factor mentioned by Fox et al. for South-East Asia) have not occurred.
In freak cases, variants on the abuse excuse continue to prevail: just last month, the Indiana Supreme Court recognised battered-wife syndrome as a legitimate defence (not just a mitigating factor) against a criminal charge of neglecting a child.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com