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The so-called 'communist clause' provided an unambiguous basis for courts ruling on restitution for victims of Nazi persecution at both Federal and Land levels: communists, even those who could prove that they had suffered under National Socialism, were disqualified from official restitution (For a more detailed discussion see Spernol, 2014; Hoffmann, 2017).
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Absent in this case but de rigueur for airliner disasters at this stage are dueling investigators floating arguments that will be the basis for court cases later, as the airline, the plane's manufacturer, the regulator, the unions and other entities spin different versions of the importance of various factors, thus apportioning blame.
It seems to support the theory, held by many in the gay-rights movement, that the Court's ruling would serve as a basis for federal courts to more readily declare state laws unconstitutional.
The clause provided the legal basis for the courts to demand that the holdouts be paid when the holders of the exchange bonds are paid.
"Speculation about future harms is no basis for this court to shrink authorial rights," Justice Ginsburg said.
As a basis for the court's jurisdiction, Georgia invoked the 1965 International Convention for the Elimination of All Forms of Racial Discrimination, which it said Russia had violated.
But today, Mr. Spitzer said that Mr. Feinberg's revisions and clarifications had persuaded him that he no longer had any solid basis for a court challenge.
His decision will provide the basis for further court hearings -- and possibly settlement negotiations -- to determine what legal remedies to impose on Microsoft.
But, he added, it would be "crazy to read into continuous efforts to enhance efficiency a legal basis for a court appeal".
Powerful international actors, such as the US, China and Russia, are not state parties to the treaty of Rome, which established the legal basis for the court in 1998.
In any event, speculation about future harms is no basis for this court to shrink authorial rights Congress established in Section 201(c).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com