The Australian immigration minister, Peter Dutton, praised the PNG government and Australian staff on Manus Island for their intervention into the protests, which he said had degenerated into "an unacceptable and untenable solution".
On January 14, Robert S. Khuzami and George S. Canellos published their response in the National Law Journal to my earlier column, "SEC Enforcement: What Has Gone Wrong?" Their column—"Unfair Claims, Untenable Solution"(available here)—minces no words, but in my judgment continues to miss the forest for the trees.
What we've found over the years, though, is that generally they're simply proposing an untenable solution to a real problem - and if we can understand what the problem is, we can offer a better solution.
It is an untenable solution to codify and criminalize racial status.
WASHINGTON -- A federal appeals court decision to overturn the conviction of Salim Hamdan, Osama bin Laden's driver, may vastly complicate trials for many of the remaining terrorist suspects at Guantanamo Bay, and make even more untenable any solution for dealing with those who can neither be tried nor released.
It was imperative the pumps be protected from the elements, making conventional solutions untenable.
However, Brighton & Hove is hemmed in on one side by the sea and on the other by a national park, making dispersal solutions untenable.
The disparity between online and offline pricing is already almost untenable, so automated solutions that calibrate digital and store pricing in real time, without the need for labor and card stock print jobs, are not only likely, they are an absolute strategic necessity at this point.
In the intervening decades, the realities on the ground have changed immeasurably, and probably irrevocably, in ways that have made a two-state solution untenable.
