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The condo board has the right to make decisions on the common elements — including the height of the trees and whether to trim them — and its decision is protected by the business judgment rule.
This right, the argument goes, isn't explicitly guaranteed but, rather, implied by the other guarantees in the Bill of Rights; abortion, which is a highly personal and private decision, is protected by it.
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A State Supreme Court judge ruled it was the court's job to determine whether or not objectionable conduct had occurred, but the appellate division reversed that ruling and said the co-op's decision was protected by the business judgment rule and was not subject to review by the courts.
The board's special litigation committee decided to invoke its "deference" in not pursuing an action, claiming its decision was protected by the business judgment rule.
Artistic Decision The de Young Museum is protected from pigeons by an invisible "shock track" on its edges that is charged with a low voltage.
Some people point to a German Supreme Court decision following which an embryo is protected by federal law.
"I find it normal that he is protected by decisions taken during his mandate," Ms. Voynet, a member of the coalition government led by Mr. Chirac's Socialist opponents, said in an interview with the daily Le Parisien.
"In short, a co-op board's decision to terminate a proprietary lease is protected by the business judgment rule.
"We needed those decisions to affirm that this right is protected in your own home," Mr. Gottlieb said.
Department officials said their decisions always ensure that human health is protected, but disagreement between management and scientists is a natural part of the process.
Computers make trillions of invisible decisions each day; the possibility that each decision could be protected speech should give us pause.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com