"What broader values," he asked, "are served by continuing to apply a law that no one will defend on the merits?" Some trial judges say their job is to apply the law and not broader values.
As Indigenous peoples round-danced in malls and took over public squares and highways they showed that while government can shred a generation of environmental regulations, it is much harder to tear up constitutional Indigenous rights that are the supreme law of the land especially ones that Indigenous peoples will fiercely defend on the ground.
"Standing to defend on appeal in place of an original defendant," the Supreme Court explained, "demands that the litigant possess 'a direct stake in the outcome.' The decision to seek review is not to be placed in the hands of 'concerned bystanders'" but should be left to state officials, like the state's executive or legislators.
Consequentialists and defenders of natural duties base the duties that they defend on some intrinsic feature of the state of affairs to be promoted or of the person to whom the duty is owed.
"We cannot simply defend on the goal-line," says the defence secretary, Bob Ainsworth.
For housing associations, the profits position is harder to defend on this basis.
They played their conventional lineups, and West survived in moments when he was forced to defend on the perimeter.
"We had the courage to defend on the front foot and to stop Bayern's positional play," said Tuchel.
"The fact is, we are attacked and we defend on a daily basis," said Tim Madden, a spokesman for Maj.
James and Wade are almost interchangeable — when one is out, the other can still score, pass, set up teammates and defend on the perimeter.
"In 2012, I believe they will have to stand up and defend, on their own merits, that they think these high-income tax cuts work," he said.
