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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.
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.
There are lots of reasons lawyers may not be able to continue a representation, but in this case the underlying merits have nothing to do with that.
Companies and academic experts concerned about the mismatch between the examination process and the presumption of validity had hoped that the Supreme Court would again resolve the issue with some attention to underlying merits.
Update: Fairey's legal counsel has issued a release stating that they have not actually quit, but that they will do so "at the appropriate time", and that their decision has nothing to do with "the underlying merits" of the case.
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Media reporters are often poorly equipped to explain the scientific issues, and are motivated to present controversy regardless of the underlying scientific merits.
Reviewing the project jackets for some complex projects in the physical sciences will help the committee to understand the potential difficulty of composing non-technical summaries that convey a project's underlying scientific merit and national interest".
Moreover, many of the reported QTL have been identified using raw phenotypic data and how the phenotypic data reflects the underlying genetic merit of the animal is a function of the heritability.
Density functional theory (DFT) and time-dependent density functional theory (TD-DFT) calculations have been carried out to explore the underlying origin of merits for rigid π-spacer based on reference dyes C255 and C254.
Cash generated from the rundown of the stockpile was always an important element of MG Rover's underlying position and merited specific analysis.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com