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"Fear of litigation," Justice Kennedy wrote, "cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions".
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The Queens district attorney's office declined to comment on its pending litigation against Justice Blumenfeld.
"Fear of litigation alone," Justice Kennedy wrote, "cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions".
It found that discrimination was still heavily concentrated in those places and so widespread that case-by-case litigation — what Justice Kennedy has called "very expensive," "very long" and "very inefficient" — is inadequate.
When the Tory's Michael Howard announced that his party would repeal the act to "save the nation from an avalanche of political correctness, costly litigation, feeble justice and culture of compensation", he was speaking Daily Mailese and appears to have furnished Straw with his text.
The majority's decision will discourage the settlement of patent litigation, the justices said.
"The rule is the same whether it's litigation or arbitration," Justice Ginsburg said.
Mr. Fisher was suggesting that the new sentencing restarted the litigation clock, while Justice Scalia meant that the same underlying crime and surrounding circumstances were present both times.
Even when activists achieve victories in the courts, legislation and administrative agency rule makings can often undo years of environmental justice litigation.
This means that the greatest part of dispute resolution, including most debate over the quality and sufficiency of scientific evidence, occurs outside the framework of the trial; yet, the stylized drama of trial advocacy and its potential for distortion continue to dominate the thinking of most observers and critics of litigation science, including Justice Blackmun in Daubert.
Too slow and indirect for him are efforts to change what the justices think through litigation, or who the justices are through the election of presidents and senators who share "the people's" values.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com