In their reply papers and at oral argument, Inc.'s so-called equitable argument had largely transformed into an argument that the International board committed gross negligence by agreeing to the sale of the Telegraph Group without seriously examining the upside prospects of retaining and operating that business.
[537 U.S. 241] One must indulge in two untenable assumptions to find support in the equitable argument offered by respondent— that the public interest in free access to copyrighted works is entirely worthless and that authors, as a class, should receive a windfall solely based on completed creative activity.
By the time of its reply brief, Inc.'s so-called "equitable" argument for a vote had transformed itself into a Van Gorkom claim grounded in the notion that the International board acted in a grossly negligent manner in agreeing to sell the Telegraph Group.
The ability to distil what is just and equitable between competing arguments can be borne of experience, but it is also an instinctive quality.
The motion called for the party to embrace "equitable austerity". Our argument was that in a country with a 15.4% public deficit, some austerity was inevitable.
Finally, the Court disagrees with respondent's argument that equitable tolling undermines AEDPA's basic purpose of eliminating delays in the federal habeas review process, see, e.g., Day, supra, at 205 206.
In most cases in the correct court, the court will reject the tenant buyer's argument of equitable interest and permit the landlord's eviction.
It is clear that the link between human rights and sustainable human development, envisioned 50 years ago in the Universal Declaration of Human Rights and articulated in the principles of the Convention on the Rights of the Child, foreshadowed the increasingly accepted argument for equitable economic development.
However, under an economic (benefit) frame technology implementation is not supported at any rate; rather, this frame may also govern opposing arguments pertaining non-equitable benefit distribution, for example.
As malaria is not an equitable disease, there is both an argument for targeting those at risk and an argument for providing universal population coverage (not specifically targeted) because of the additional community effect benefit.
