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Both parties make their arguments from the plurality decision in Union Gas, and we, too, begin there.
Justice Anthony M. Kennedy wrote a plurality decision that was joined by Chief Justice William H. Rehnquist and by Justices Antonin Scalia and Clarence Thomas.
While the plurality decision states that Congress' power under the Interstate Commerce Clause would be incomplete without the power to abrogate, that statement is made solely in order to emphasize the broad scope of Congress' authority over interstate commerce.
Section 1 All new officers are appointed by a plurality decision of Appointment Boards consisting of the Editor-in-Chief, Associate Editor, and the out-going officer(s) whose position is being replaced.
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After examining various factors which tend to generate plurality decisions, the authors suggest that the refinement of two existing methods of decision-formulation could possibly alleviate the problems created by the plurality opinion.
Given the fragmentary nature of legal material and the plurality of decision-makers there is considerable scope for disagreement when decision-makers are faced with novel questions.
The second is the plurality of decision-making bodies.
A plurality of these decisions turned primarily, if not exclusively, upon the amount of discretion vested in municipal authorities to grant or deny permits on the basis of vague or even non-existent criteria.
However, with regards to "publicity", this criterion was not met; despite efforts to ensure plurality of the decision-making group to promote agreement in the absence of public consultation, an imbalance in representation was observed.
Both cabinet ministers appear to have an agenda stemming from their parties' very different instincts: the Lib Dems' tradition of backing media plurality and the Tories' decision to copy New Labour by cuddling up to the Murdochs.
"There is a case for having some plurality, so that the decision as to what programmes are commissioned isn't exclusively taken by the small group of commissioning editors at the BBC," he said.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com