And such philosophy does not become more palatable when the underlying merits concern the Establishment Clause.
It does not become more palatable when the underlying merits concern the Establishment Clause.
"You want someone who can look at the underlying merits of a deal without bias," Mr. Hochberg said.
Another point of contention is who would suffer worse consequences from a loss on the underlying merits.
But it's important to make one thing clear: Our decision in that regard had nothing to do with the underlying merits of Shepard's case.
In her six-page ruling, which was obtained by The Times, Sasser wrote, "In making this finding, the Court is not making any determination as to the underlying merits of the parties' dispute".
As Robert Pear reported in The Times on Monday, courts around the country have cited the decision hundreds of times as a reason for rejecting lawsuits claiming discrimination based on race, sex, age and disability, without regard to the underlying merits of the individual cases.
A careful reading of the opinions leaves us with the fixed impression that all but three members of the Michigan court were convinced that, whatever the underlying merits of the appellant's Equal Protection claim, it was, in the words of one of the justices, 'not enforcible in the courts.' 360 Mich .1, 112, 104 N.W.2d 63. 121.
These actions often are not a product of considered judgment by a board of directors concerning its view of proper corporate governance, but rather an obvious and usually effective effort to "go along to get along," regardless of the underlying merits.
According to that report, the courts have become clogged with cases stemming from missed deadlines that have distracted judges from focusing on the underlying merits of the asylum claims, which often involve life-threatening persecution for asylum seekers in their home countries.
