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On April 23 , 1981 , while this appeal was pending , the local office issued new initial determinations ( 1 ) holding the claimant ineligible to receive benefits effective September 11 , 1980 because he failed to comply with reporting requirements and procedures in that he " refused to comply with reporting procedures which would have required you to offset current benefit payments due you to offset current benefit payments due you against an outstanding overpayment and a forfeiture was imposed as a result of wilful misrepresentation " ; and ( 2 ) holding that , effective September 11 , 1980 , benefits payable to claimant " on account of a valid original claim can be applied as offsets for the collection of a debt arising out of a prior overpayment of benefits . The Eleventh Circuit ultimately decided the issue on remand , holding that defendants did not waive Eleventh Amendment immunity under the Rehabilitation Act by accepting federal financial assistance conditioned on waiver . In holding that the Coast Guard no longer has the power recognized in Ray to issue regulations having preemptive effect , the court of appeals relied almost exclusively on Section 1018 of OPA . [ 248 ] The courts have held that proposed actions that would have an effect on the aesthetic qualities of the natural environment may constitute a significant effect on the human environment so as to require NEPA compliance . The Administrative Law Judge denied the first claim , holding that the washing and declutching are not manufacturing . In August , 2005 , a NAFTA dispute-resolution panel handed down its decision in Methanex Corp. v. United States , holding that , inter alia , California 's regulatory ban on the gasoline additive MTBE was not a regulatory expropriation under NAFTA 's Article 1110 . Networks of wireless sensors embedded in buildings , roads , bridges and other infrastructure hold that promise . In June of 1997 , the Supreme Court held that assisted suicide is not a constitutionally protected right and that its legality is left up to the states ( Vacco v. Quill and Washington v. Glucksberg ) . While we noted that we made several assumptions in terms of course selection , and that our sample of courses and mean GPA may not be indicative of the rest of the population , we still hold that the average GPA after C2000 will be lower than what it would be under the current curriculum . We hold that it does . There be who hold that the deeper tragedy were a Prometheus Bound not after but before he had well got the celestial fire into the narthex whereby it might be conveyed to mortals : thrust by the Kratos and Bia of instituted methods into a solitude of despised ideas , fastened in throbbing helplessness by the fatal pressure of poverty and disease - a solitude where many pass by , but none regard . This argument holds that terrorism is a crime ( as opposed to the official belligerence of a state ) and that the terrorist groups we wish to destroy are criminal enterprises ( as opposed to states ) , so war ( which is between states ) is wrongheaded . On appeal of his conviction , the Court of Appeals of Virginia held that the streets of Whitcomb Court were a " traditional public forum , " notwithstanding the city ordinance declaring them closed , and vacated Hicks ' conviction on the ground that RRHA 's policy violated the First Amendment . Adult communication management theory holds that this is so , especially as the focus in Egan 's work is not on systems per se , but rather on people in systems . Similarly , in Attorney General Opinion M-545 ( 1969 ) , this office held that certain structural designs could be prepared by persons not registered under article 3271a as long as they do not represent that they are licensed and registered . The Hersey-Blanchard situational leadership model holds that when leaders are flexible and aware of critical situational factors , such as the ability and willingness of members to change , they will adopt an appropriate leadership style . December 17 , 1965 , insofar as it sustains the initial determinations of the local office holding claimant ineligible to receive benefits effective various periods running from October 1 , 1962 , through September 13 , 1964 , on the ground that he was not totally unemployed ; charging claimant with an overpayment of $ 1850 in benefits ruled to be recoverable , and holding that claimant wilfully made false statements to obtain benefits by reason of which a forfeiture of 75 effective days was imposed as a penalty in reduction of claimant 's future benefit rights , as modified by the referee to hold that the period for serving the forfeiture penalty had expired . Essentially , the principle holds that shareholders of a corporation may only be liable to the extent of their investment in the corpora tion . Modern quality theory holds that quality is the end result of a complex interaction of people and support systems and that all personnel , working as a coordinated team , are essential to high-level quality process and performance .