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” This imperatival theory is positivist , for it identifies the existence of legal systems with patterns of command and obedience that can be ascertained without considering whether the sovereign has a moral right to rule or whether his commands are meritorious . Attorney General Opinion WW-1107 ( 1961 ) considered whether the county auditor could make payroll deductions for county employees to be paid over to a credit union . Accordingly , risk - averse directors , when considering whether to join or remain on corporate boards after the Enron and WorldCom settlements , are likely to take little comfort from provisions in a corporate charter that permit full reimbursement of directors under most foreseeable circumstances . This case considers whether the repudiation of an agreement that concerns a matter that is not a condition of employment is a ULP . In exploring these questions , the Agency has at its disposal means other than the IMD exclusion , however ; the Agency can consider whether the facilities are properly qualified as ICFs and , if so , whether the individual residents are properly certified as needing ICF level of care under applicable utilization control requirements . Chair must whether or not to recommend reappointment of the individual . The task force will consider whether tax benefits generated by an investment company subsidiary that are used in the consolidated return by the consolidated entity should preclude investment company accounting . He would have to consider whether France should not be dropped altogether , as far as evacuation was concerned . His discussion considers whether viral load during acute HIV predicts viral load setpoint , the relationship between viral load and CD4 count to progression to AIDS , and other host factors that may influence viral load setpoint . If I have two houses , and convey them at the same time to two parties , it should be considered whether a servitude imposed on either of them is valid , since a servitude cannot be imposed on , or acquired for , the house of another ; but where this is done before delivery , he who conveys the property acquires the servitude for , or imposes it on , his own property , rather than that of another ; and therefore the servitude will be valid . " In this balancing , the court considered whether the information was relevant , whether it could be obtained by other means and whether the request for the information was justified by a compelling interest . Godinez v. Moran , June 24 , 1993 The Supreme Court considered whether the competency standard for pleading guilty or waiving the right to counsel is higher than the competency standard for standing trial . In most cases the Secretary of State will now be prepared to exercise his discretion under the British Nationality Act 1981 to disregard absences from the United Kingdom occasioned by service in the British Armed Forces when considering whether the applicant is residentially qualified for naturalisation . ) Electrum has requested that we consider whether we should protect the arms of Cunningham of Glencairn in the form Argent , a pall sable , in addition to keeping the current " shakefork " form protected . In Attorney General Opinion MW-04 ( 1979 ) , this office considered whether enabling legislation providing certain ad valorem tax exemptions could be made effective as of January 1 , the traditional " assessment date " ( see Tax Code s 21.01 ) , of the year in which the legislation was enacted . M then considers whether linguists should take word as a universal concept , or a concept with theoretical standing , and suggests that neither move is very useful . I urge the Minister to pause and think about the matter when the Bill is in Committee , and to really consider whether its provisions are the best way of approaching the subject . When considering whether proffered evidence is commensurate in scope with the claimed invention , Office personnel should not require the applicant to show unexpected results over the entire range of properties possessed by a chemical compound or composition . PHRP also considers whether the organization it is assessing has clear and explicit expectations for investigators , specifically with respect to the informed consent process ( an area in which there are frequent compliance issues ) . " The U.S. and Canadian governments are considering whether to update and strengthen the Great Lakes Water Quality Agreement , which has n't been significantly revised since 1987 .