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Under prevailing statutes, Mr. Madden could have faced a maximum sentence of 50 years.
If an evidently respectable and rational woman like Packard could be condemned as insane and shut away for years, it followed that any American woman might suffer dreadful wrongs under prevailing statutes.
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The prevailing visibility in statute miles (SM).
Applying its precedent to the request for lawyers' fees in this case by the Buckhannon Board and Care Home Inc., the Fourth Circuit said that because the case had not been resolved by a court, the plaintiffs were not prevailing parties within the meaning of the statutes and thus could not recover their fees.
If his convictions stumble on the grounds that the "honest services" statute is too broad, then he's prevailing on a technicality.
Giving unofficial IDs to undocumented immigrants defies the prevailing winds in other states and localities, where the public mood, and sometimes local statute, defines all immigrants without papers as criminals.
An appellate court might therefore restore the complete Butt precedent--applying the full legal standard--but nonetheless conclude that the factual record developed through the Vergara trial suffices to support a finding that each of the five statutes being struck down does in fact result in schooling that, when viewed as a whole, falls "fundamentally below prevailing statewide standards".
While victims of assault can always sue under broadly worded civil statutes, the thinking behind the Illinois legislation is that a law specifically tailored to particular kinds of victims gives them a better chance of prevailing at trial.
Perhaps the prevailing climate mattered.
Is that the prevailing view?
The voters are prevailing.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com