In view of his prestige as a literary man, accepted by large sections of public opinion in matters not related to writing, it is the recommendation of the Legal Attaché at Havana that great discretion be exercised in avoiding an incident with Ernest Hemingway".
"This Court is not opposed to the concept of prosecutorial discretion," wrote Hanen, "if that discretion is exercised with a sense of justice and common sense".
Where the implications are serious, discretion is exercised based on the knowledge of the patient and the outcome of the test.
The appellants argued that the discretion was objective, and thus a court of law could review the grounds on which the discretion had been exercised.
Nor are the limits on the "discretion" to be exercised by a caretaker made clear.
Asked about that, Mr. Smith said the I.N.S. could deal with the problem by flagging on its computers the name of anyone for whom discretion had been exercised.
The area in which administrative discretion could be exercised grew; civil servants became as much adjudicators as administrators, and their influence upon economic life increased.
A statement released by the appeals panel said: "Yorkshire claim that the failure to register Azeem Rafiq was the result of a technical oversight, that discretion should be exercised under regulation 2.1 and that the penalties imposed were 'manifestly disproportionate'.
I would hope the supreme court will acknowledge that, perhaps draw up some guidelines for when that discretion should be exercised in order to make sure the right to a family life is protected," he said.
And what she did, Justice Kennedy, in the case of the division's letter, the opinion, of which, of course, is binding, under Florida law, on election officials who receive them, she, the division had said that there were certain circumstances, such as acts of God, hurricanes, and that kind of thing, where the discretion would be exercised.
