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The court's majority failed to protect the defendant's constitutional right to be spared double jeopardy, and instead protected the trial judge's mistake.
Judge A. Wallace Tashima wrote in a concurring opinion that the majority failed to provide "any standards" to magistrates or prosecutors.
In his blistering dissenting opinion, Chief Justice Wells said the majority failed to understand the profound national confusion that would result from allowing a hasty weekend recount of ballots to determine the outcome of a presidential election.
It is deeply unfortunate that the five judges in the majority failed to differentiate these important facts from those of Gary McFarlane the Relate counsellor whose application was rightly rejected by the European court.
FundCreator's launch coincided with the end of a particularly bad year for hedge funds: in 2006, the majority failed to match the 15.8-per-cent return of the S. & P. 500.
Further talks with political leaders became necessary after Pier Luigi Bersani, the leader of the center-left coalition that won national elections last month but lacked a majority, failed to find that support after nearly a week of negotiations.
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Other economists say that even among those denied benefits, a majority fail to go back to work, in part because of medical problems and a lack of marketable skills.
A slightly self-serving study by PR and marketing agency Wildfire, which analysed the social media activity of the 2009 Deloitte Fast Tech 50, found that 90% of the UK tech companies featured had a presence on two or more social networks but the majority fail to actually use social media in a social way.
Of those that are prosecuted, the great majority fail to achieve convictions.
Hundreds of thousands of human embryos are cultured yearly at in vitro fertilization (IVF) centers worldwide, yet the vast majority fail to develop in culture or following transfer to the uterus.
Each of these models has strengths, but the majority fail to reproduce the chronic nature of IPF [ 50].
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com