"The court has the discretion to order disclosure under compelling circumstances which were certainly present here".
The commission also proposed that the state education commissioner be given the discretion to order consolidation of districts with fewer than 2,000 pupils.
"Should central management under the law have withdrawn some of the subjective discretion in order to stop these results?" Justice Breyer asked.
The McManus-Harvey case ultimately prompted the commonwealth parliament to pass journalist shield law amendments to the Evidence Act which, while a step in the right direction, still allow wide judicial discretion to order up the identity of sources.
He offered this hypothetical example: if 200 men were convicted of possessing Amy's images, and her claim for damages totaled $3 million, then a judge would have discretion to order a defendant to pay restitution of $15,000 to $30,000.
Although there is no apparent authority in the Florida law for such a new count, Professor Amar said it seemed clear that the Florida secretary of state would have the discretion to order such a recount if both of the candidates agreed to call for one.
The issue before the Supreme Court is whether a federal judge has discretion to order an indefinite delay in such circumstances or whether the justices should set a limit on the length of a delay, even if the petitioner cannot assist in his own defense.
The law does give judges the discretion to order a new election, says Elizabeth Garrett, a law professor at the University of Chicago.
International trade agreements have always required some discretion in order to make deals, but the latest batch of them (TPP, TTIP, TISA) are much more opaque than their predecessors.
If an advisory board recommends the release of a detainee and the Minister disagrees, the President may exercise personal discretion to order the release.
