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An order can last up to five years and because the orders involve the exercise of a discretion expressed in broad terms, the Court of Appeal's powers are limited.
It is a little surprising, however, that a supra-national supervisory court chose to reverse what, on any account, is the exercise of a discretion which one might think is better determined conclusively by a national court.
Writing for the majority, Justice Ruth Bader Ginsburg stated that it would not be an abuse of a discretion for a trial judge to conclude that the crack/powder disparity resulted in a longer-than-necessary sentence for a particular defendant.
An important but subsidiary point concerns the extent to which the appellate court will interfere with the judgment of a first instance judge in striking this balance: is it closer to the exercise of a discretion or the making of a determination of law?
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Still, she added, "the fact that a museum can use its own informed judgment obviously leaves a lot of discretion, a lot of room for exceptions".
Thereafter Blackwood was a model of discretion, a mature performance in support of Bravo, who batted superbly.
Both watches speak to a rediscovered awareness among the wealthy of the charms of discretion in an age of austerity.
He described SUNY's outline for shutting the hospital down as "arbitrary and capricious, an abuse of discretion and a violation of lawful procedure".
"On one side, it gives the administrative agencies a lot of authority and a lot of discretion, and it also, on the other side, gives the nonprofit organizations a certain amount of discretion," Aprill said.
Ms. Alvarado, the department found, "is eligible for asylum and merits a grant of asylum as a matter of discretion".
"Counties are relatively independent units with a lot of discretion," said Charles Brecher, a professor of public administration at the New York University Wagner School.
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