The decision in McLean v. Arkansas commented, ?it is clearly established in the case law, and perhaps also in common sense, that evolution is not a religion and teaching evolution does not violate the Establishment Clause?
In his decision overturning the action of the state, federal district judge William R. Overton wrote, "it is clearly established in the case law, and perhaps also in common sense, that evolution is not a religion and that teaching evolution does not violate the Establishment Clause".
Accordingly, the court concluded, "when Mr. Howards was arrested it was clearly established that an arrest made in retaliation of an individual's First Amendment rights is unlawful, even if the arrest is supported by probable cause". 634 F. 3d, at 1148.
Although Tureen's team had come up with alternate theories to overcome Maine's sovereign immunity, the well-pleaded complaint rule, and delay-based defenses, it was "clearly established" that none of those weaknesses would apply to a Nonintercourse Act suit by the federal government.
He told the inquiry it was "clearly established" that prolonged time in immigration detention caused mental health problems.
Most historians, of course, disagree; it is clearly established that the Taj was built by Shah Jahan, the son of Jahangir, the Mogul emperor.
Mr. Kidd, they said, did not prove that, at the time of his detention, it was "clearly established" that it was unconstitutional to use the material witness statute in that way.
Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war.
It was clearly established, by two distinct approaches (one engineering, one micromechanistic) that the stresses which produced these malfunctions were bending in nature and were the result of out-of-alignment deflections.
It was clearly established that the electrodes prepared from nanoparticles of the active mass show faster kinetics and a more reversible electrochemical behavior compared to the electrodes comprising microparticles.
