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"For all its sophistry in discussing the case law, the government fails to identify a single precedent for its radical breakup proposal," Microsoft wrote.
"I can't think of a single precedent in American history of doing a referendum of the American armed forces on a policy issue," Mr. Gates told the panel.
The two justices, joined by Chief Justice John G. Roberts Jr., pressed a lawyer for the government, Jeffrey B. Wall, to identify a single precedent allowing its proposed approach.
A single precedent, perhaps backed by the threat of the company "to take our auditing business elsewhere," can be enough to make a questionable accounting treatment "generally accepted.
GATES: I can't think of a single precedent in America history of doing a referendum of the American Armed Forces on a policy issue.
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That leaves a single possible precedent: NATO's bombing of Kosovo in 1999, without Congressional or Security Council support, to prevent human rights abuses.
"Though historians are very reluctant to say never, I can't think of a single historical precedent," said Eric Foner, a professor of history at Columbia University.
The statement read: "Every single condition precedent of the Sales and Purchase Agreement for which Engavest was responsible has been met.
The defense and the prosecution disagree, there is no single compelling precedent, and even the Supreme Court, which has weighed in on a similar topic, isn't quite sure what to make of the situation.
That says plenty about a single summer's precedent.
They point out that the special treatment of deprivation of liberty arising from public order considerations is a dangerous precedent, singling out the words quoted above as sending "a bad message to police authorities".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com