"In light of these rulings, and the military judge's accusations regarding the latrine, it could reasonably appear to an objective observer that the military judge had allowed the proceedings to become a duel of wills between himself and [Hasan] rather than an adjudication of the serious offences with which [Hasan] is charged," judges wrote in the ruling.
Subsequent decisions, according to Chemerinsky, have compelled litigants to use arbitration rather than court adjudication, a remedy strongly favored by businesses.
The problem, they say, is the point of contact: at arrest, rather than after any sort of legal adjudication.
Hirsch had become frustrated by the focus, in those debates, on adjudication and punishment, rather than on the ways in which the environment of college makes students vulnerable.
"What is most disturbing about this is it reflects a mentality that would punish those who have been seriously harmed already in their home countries rather than offering them protection and a quick adjudication of their claims".
Additionally, the case definition used in the analysis was based on reports of adverse events that matched MACE-related terms using the Medical Dictionary for Regulatory Activities and on cardiovascular-related deaths, rather than on the results of a formal process of adjudication of reported events.
Phrased differently, normative theories of adjudication are interpretive of an ongoing practice rather than efforts to design a practice from scratch.
For these reasons, together with the adjudication of CSULGIEs as a specific definition rather than by site of injury (upper or lower gastrointestinal tract), no subgroup analyses were attempted.
First, and most important, they chose welfarism generally rather than cost-benefit analysis in particular as the normative basis for adjudication.
