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The plaintiffs argue this implicitly, not by citing the intermediate standard of Unocal but instead using its language, which prohibits preclusive or coercive actions, while citing a case applying Revlon to justify halting the share issuance.
Applying Frye in most state cases, applying the intermediate standard of Rubanick and Landrigan in state toxic tort cases, and applying Daubert in the federal courts, New Jersey will continue to experience a tension between the three standards.
Where, as in the United States, there is an intermediate standard of "clear and convincing evidence" which is reserved for special cases, the probabilistic threshold is said to lie somewhere between 0.5 and the threshold for proof beyond reasonable doubt.
In Craig v. Boren (1976), the Court ruled that statutory or administrative sex classifications had to be subjected to an intermediate standard of judicial review.
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Forty-three (48%) of the patients had an optimal consultation environment and received optimal care and information, while the consultations were of an intermediate standard for 26 (29%) and of sub-optimal standard for 21 (23%).
Michael Kinsley, founding editor of the online magazine Slate, said he used to believe that journalism should have an "intermediate standard" for publishing rumors — one that did not require firm corroboration.
Later, in response to widespread demand to clarify the meaning of his scale in more usual terms, Wedgwood made a translation of his scale into Fahrenheit degrees, by means of an intermediate standard (thermal expansion of silver) which overlapped with the high end of the mercury scale and the low end of the clay scale.
This season there's a women's ski camp taking place 11-14 March, for intermediate standard and upwards.
The other four justices (Brennan, White, Marshall, and Blackmun) dissented from that portion of the decision, but joined with Powell to find affirmative action permissible under some circumstances, though subject to an intermediate scrutiny standard of analysis.
He applied the standard of "intermediate scrutiny," which requires that a law be "substantially related to an important governmental interest".
For the intermediate "clear-and-convincing" standard of proof, the best-available explanation must be substantially better than the alternatives.
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