"The Defendants' unfair, partial, and inequitable application of discipline disproportionally [sic] damaged members of the Plaintiff class," Snow wrote. .
"The limitations on labor and equal opportunity protections, as well as the inequitable application of federal resources, significantly diminished the opportunities and heightened the inequalities in the Gulf Coast," the report states.
Some of the most serious harms include: a prevailing climate of suspicion and adversarial relationships; inequitable application of the law; stultification of originality; weakening of society's moral fiber and cohesion; repressive potential for a totalitarian government; blacklisting; ex-ante discrimination and guilt prediction and inversion of the onus of proof.
Finally, the doctrine of "fair use" can help to prevent inappropriate or inequitable applications of the Clause.
If retroactive application was inequitable in Bacchus itself, the Court only hinders the cause of fairness by repeating the mistake.
More certain is its application is inequitable and its intent is based on commerce and economics rather than social justice.
The UC filing contains a few other "bombshells," notes law professor Jacob Sherkow of New York Law School in New York City, including an allegation that Zhang committed "inequitable conduct" by misrepresenting his discoveries in patent applications and laying claim to a technology he didn't yet possess.
Given the increasing role personalized medicine is forecast to play in the provision of health care, addressing a broader view of what constitutes genetic discrimination, one that occurs along a continuum and includes inequitable access, will be needed during the implementation of new applications based on individual genetic profiles.
Finally, we must weigh the inequity imposed by retroactive application, for where a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the injustice or hardship by a holding of nonretroactivity". 404 U.S., at 106-107, 92 S.Ct., at 355 (citations and internal quotations omitted).
If the application of a single index to different classes of services would be substantially inequitable because of differences in the mix of goods and services comprising practice expenses for the different classes of services, more than one index may be established under paragraph (a)(2) of this section.
Finally, we have weighed the inequity imposed by retroactive application, for '(w)here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the 'injustice or hardship' by a holding of nonretroactivity.' Cipriano v. City of Houma, supra, 395 U.S., at 706, 89 S.Ct., at 1900.
