It qualifies, according to Feigl, as "a tenable middle ground between the relativists and the absolutists in morals" (1981, p. 417).
We are of opinion that neither ground is tenable.
A district court's ruling that a litigant's position is factually well grounded and legally tenable for Rule 11 purposes is similarly fact specific.
The first ground obviously is not tenable.
Loss of The Hook would force the UN troops to withdraw nearly 8 km to the next tenable defensive line on the high ground south of the Imjin River.
As a position is "substantially justified" if it "has a reasonable basis in law and fact," 487 U.S., at 566, n. 2, 108 S.Ct., at 2550, n. 2, the EAJA requires an inquiry similar to the Rule 11 inquiry whether a pleading is "well grounded in fact" and legally tenable.
The Pentagon has been generally supportive of the INF treaty but defense secretary James Mattis warned other Nato ministers earlier this month it would no longer be tenable if Russia did not withdraw its Novator ground-based missile, which the US has argued for nearly four years violates the INF range restrictions.
More significantly, on substantive moral grounds, as Hook recognized, it was not tenable for an intellectual movement that charged Stalinism with framing its enemies in purges, trials and rehabilitation camps to be complicit with a movement which would falsely accuse persons of being communist agents or members of the Communist Party.
We don't have community any more so we form an online community which seems tenable". Day's obsessional character was key to getting the production off the ground.
COMEST (2005) concludes that "the grounds for concern that can trigger the PP need to be plausible or tenable" and that the scientific uncertainty should be "considerable".
Under heightened scrutiny, "a tenable justification must describe actual state purposes, not rationalizations for actions in fact differently grounded".
