In addition to the court below, at least one other court has relied upon the " legislative " character of state action to conclude that Tigard was inapposite and that the less stringent Agins standard should be applied.
22.
(e ) The subject-matter jurisdiction exception to full faith and credit, relied on by the Ninth Circuit in this case, is inapposite here, where the rendering court had subject-matter jurisdiction over the underlying suit and the defendants.
23.
In the particular case of the Dodgers, of course, these lamentations were particularly inapposite, since the team is only in Los Angeles because Walter O'Malley made a coldblooded business decision in 1957 to abandon Brooklyn in favor of the sunnier clime
24.
Powell noted that the university, in its briefs, had cited decisions where there had been race-conscious remedies, such as in the school desegregation cases, but found them inapposite as there was no history of racial discrimination at the University of California-Davis Medical School to remedy.
25.
In refusing to create a similar Commission to mediate a dispute between settlers in New Jersey and the colony of New Jersey over the purchase of Native American lands, the Attorney General later opined that the situations were inapposite because there was " no common Court of Justice " between the Mohegan and Connecticut.
26.
There are dangers in formulating lists of questions to be asked in situations such as this, since questions which are apposite in one case may be inapposite in another, and a jurisprudence may grow up around the terms of the questions when attention should be concentrated on the meaning and effect of the legislative text in question.
27.
In upholding the ensuing " stop and frisk, " this Court found the warrant requirement completely inapposite because " on-the-spot " interactions between police and citizens " historically [ have ] not been, and as a practical matter could not be, subjected to the warrant procedure . " Id . at 392 U . S . 20.
28.
But here and there are inklings of a greater sound-world _ electronic tones creating weirdly inapposite harmonies at the end of " Baby Britain, " deep overlays of strings, guitars and keyboards in " Everybody Knows, Everybody Understands " _ that make you wonder why he didn't use more of this kind of ornamentation on the album.
29.
Before the Court of Appeals, in order to distinguish a long line of cases which held that Amtrak is not a Government agency, Lebron stated : " Since Lebron does not contend that Amtrak is a governmental entity per se, but rather is so interrelated to state entities that it should be treated as a state actor here, these cases are inapposite ."
30.
The most common'theory'views firms in the market as if they were thugs in a dark alley; evidently a large firm has more muscle and can beat smaller firms to death . . . . Such remarks, though they represent popular'learning'on the subject, do not reflect theory but are only foolishly inapposite metaphors that ignore the constraints the market places upon firm behavior . "-- Robert Bork, The Antitrust Paradox ( 1978)
