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The same contention might be directed against the power to legislate, and of course would be unavailing.
Even if the employers statement of the general rule requiring tender back before one files suit were correct, it would be unavailing.
But I think that in contempts, as in other areas of the law, penal sanctions should be used sparingly and only where coercive devices less harsh in their effect would be unavailing.
Although we tried to dissuade President Zia from pursuit of a nuclear capability, it was clear to me that it would be unavailing as long as India was on the same path.
But it would be unavailing for him to claim that although he knew his own conduct was unprotected and was plainly enough forbidden by the statute, others may be in doubt as to whether their acts are banned by the law.
Notice that an appeal to the BFOQ doctrine to justify an exemption here would be unavailing, as Leiter's argument aims to capture the morality of exemptions and not to simply reflect existing legal doctrine.
Similar(54)
It is unavailing.
Ms. Phillips said that was unavailing.
Efforts to remove the stain were unavailing.
Attempts to reach Maple were unavailing.
The last attempt, on Tuesday, was unavailing.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com