Ms. Berrien said, "The practical upshot is that there has to be a case-by-case determination by the courts on each district."

I am not suggesting that there's a balancing test or a case-by-case determination.

Commissioner's goal was probably to avoid the need to make case-by-case determination based on presence or absence of "convenience of the employer" argument.

Other sites say they make case-by-case determinations, while iGive merely requires causes to affirm they are nonprofits and engage in good works.

This replaced the prior practice of bankruptcy courts having to make case-by-case determinations of a debtor's expenses to calculate available income.

Specifically, the Court focused on a case-by-case determination of whether the lack of representation resulted in a denial of due process, thus rendering the trial unfair.

"It's a case-by-case determination."

Justice Souter stressed that courts must make a case-by-case determination of whether a parody, or any other form of borrowing copyrighted material, qualifies as fair use.

The hospital association argued that this language limited the labor board to case-by-case determinations.

This is a problem of some magnitude because the realities of modern litigation are such that case-by-case determination by juries solves little.