It is the burden of the Government, in opposing an attempted criminal appeal in forma pauperis, to show that the appeal is lacking in merit, indeed, that it is so lacking in merit that the court would dismiss the case on motion of the Government, had the case been docketed and a record been filed by an appellant able to afford the expense of complying with those requirements.
Although professional bodies 1 3 4 recommend 25(OH D concentrations >50 nmol/L to promote bone health, the effect of target serum 25(OH D concentration on clinical outcomes in infants is lacking and merits evaluation.
While he conceded that she may have "a valid cultural point a teeny one about the impulses that drive us to reassuring pop trash and away from the troubling complexities of art", he rejected her claims that the series is lacking in serious literary merit and that it owes its success merely to the childhood reassurances it offers.
Judge Wright dismissed the case on the merits by granting Mr. Clinton summary judgment, declaring that the case was "lacking in merit, a decision that would not have changed even had the president been truthful with respect to his relationship with Ms. Lewinsky".
If petitioner's other claims have been finally adjudicated to be lacking in merit, on remand the Board may reinstate its finding that petitioner acted unlawfully by prosecuting these unmeritorious claims if the Board adheres to its previous finding that the suit was filed for a retaliatory purpose.
And when Lockheed was accused by Pentagon officials two years later of inflating the production costs of the C-5B by $500 million, Kitchen said the allegations were "totally lacking merit.... Lockheed intends to dispute any claim the Air Force may assert and is confident that it will prevail".
Even Alexander Hamilton, who saw a limited role for the Senate in the appointment process, believed that the Senate could -- and should -- reject a nominee who was lacking in objective merit.
The New York Times states that the detective story, "a genre that is by its nature so constrained, so untransgressive, seems unlikely to appeal to the real writer," but adds that "... Chabon makes good on his claim: a successful detective story need not be lacking in literary merit".
Unfortunately, attention to the oral aspects has been lacking despite the many merits associated 13].
Until then, it should at least be acknowledged that the conservative argument against immigration, while not lacking merit, is somewhat contradicted by similar stridency against abortion.
All of the motions were dis missed by Judge Barlow as lacking merit or as unsubstan tiated.
