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The committee notes that this approach does not preclude the court from exercising its existing discretion to appoint special advocates on an ad-hoc basis".
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The tremendous irony of the HALT Act, however, is that it actually reinforces the president's authority to take action by highlighting the number of areas where discretion currently exists in existing immigration law.
Under the policy, immigration authorities will use powers of prosecutorial discretion in existing law to suspend the deportations of most immigrants who, although they have committed immigration violations (which generally are civil offenses), have not been convicted of crimes.
The most critical problem of cross-border acceptance is the fact that the existing standards give a discretion margin for the quantification of safety.
A yearlong study concluded that existing rules grant too much discretion to local authorities.
"There is sufficient discretion in the existing legislation for the courts to judge each case on its individual circumstances," he said.
Many people worried that it might be a bad idea to "allow much discretion to the existing management of the target" as the deal specified.
In adjudication, such theorists claim, extra-legal considerations can come into play, and judges may have discretion to modify existing law or to fill in gaps where existing law is indeterminate.
Karin Hope, Mr. Ramstad's legislative affairs director, said the Congressman did not think the fault lay with Congress and that existing law gave the I.R.S. sufficient discretion to grant the tax break without his bill.
But support is growing for changing the calculation to actual lending rates instead of the current system, with regulators worried that the existing set-up allows too much discretion.
Garcetti also wants to examine and rewrite existing codes and ordinances to give discretion on issues such as parking and grease interceptors according to the type, size and location of a restaurant.
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CEO of Professional Science Editing for Scientists @ prosciediting.com