When it comes to issues like you are presenting I defer to higher powers

Example: YUI framework, even in latest 3.0 release. Menu is built with UL/LI with containing  DIV structures:
http://developer.yahoo.com/yui/3/examples/node-menunav/node-menunav-3_source.html

here's a live example on Amazon S3 site:
http://aws.amazon.com/s3/

there's no doubt in my mind that YUI team hasn't processed all the issues you bring up when making their determinations on structure

Florent V. wrote:
not sure what you mean by "hack" or "abusing the ul/li elements"
    

HTML 4.01 defines a set of elements, each with its own semantics. Some
are meant as generic wrappers or containers in order to support
language or style information (that's the DIV and SPAN elements).
Others have a more precise meaning and are meant for a rather specific
kind of content (the HN elements, P, UL, EM, etc.).

I'm saying using a UL with a unique LI (like in your example) when
what you actually need (semantic-wise) is a neutral wrapper like a DIV
is abusing HTML 4's semantics. It's not a big deal (the worse it could
cause is a bit of confusion for users who rely on the semantic
information in some way), but having to use a UL element even when
it's not appropriate is not a good thing.

  
only interpretation can think of for "abusing" is invalidation
    

I was thinking of HTML semantics. You can write perfectly valid code
that makes absolutely no semantic sense, and as such won't degrade
gracefully when styles are not applied, will not be accessible with a
screen reader, etc. For instance you could code a website's content
with DIV elements only, content images as CSS backgrounds, everything
absolutely positioned, etc. It would be valid, but it would be awful
code nonetheless. Validity is a tool, not a token of quality.

  

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