Sentences with phrase «jurisprudence by»

In determining whether a legal dispute existed, the Court appears to have deviated from the objective determination taken in its previous jurisprudence by...

The dissent in Pelucco is also another good example of the danger inherent in the Edwards test that has plagued the development of Charter s. 8 jurisprudence by its adherence to the elements of control and presence at the time of a search.

In a recent decision, Watson v. Reg» l First Care, Inc., the Georgia Court of Appeals added another chapter to its assumption of risk jurisprudence by addressing whether a patient assumed the risk of injury when he chose to sit on an examination table at a local medical clinic.

1998 White Man's Law: Native People in Nineteenth - Century Canadian Jurisprudence by Sidney Harring «Terror to Evil - Doers»: Prisons and Punishments in Nineteenth - Century Ontario by Peter Oliver

They always said that one could understand much of the early s. 91 / 92 jurisprudence by reading the Privy Council on liquor regulation — but is there enough here in Canada to constitute a topic worth studying and practising?

Translated into social theory by John Dewey and Horace Kallen (James's student), poetry by Wallace Stevens (another James student), social science by George Herbert Mead, semiotics by Charles Morris (a Mead student), and jurisprudence by Oliver Wendell Holmes — not to mention the philosophy of F. C. S. Schiller, Sidney Hook (a Dewey student), C. I. Lewis, W. V. O. Quine (a student of Lewis), and many others up to and beyond Richard Rorty — pragmatism swept through the universities.

Not exact matches

These findings — though not unique among the countries surveyed by Pew — could raise potential human rights alarm bells as both countries begin the long process of rebuilding their systems of jurisprudence in the wake of the U.S. exit.

It is a warehousing contract, not a «loan to the bank» (even though modern - day jurisprudence disagrees on this point, by ignoring both legal tradition and logic).

Rather than attacking constitutional «originalism» and its highest - profile proponent - Justice Antonin Scalia - by name, Souter aimed his jabs at what he called the «fair reading model» of constitutional jurisprudence.

In accordance with Islamic law, pork was prohibited, but there was a list of other banned foods that could not be explained by any Islamic jurisprudence.

The late Justice William J. Brennan, Jr. was apotheosized at his death by the New York Times for the rich legacy the Times deemed he had conferred on American jurisprudence.

In the jurisprudence Justice O'Connor has seemingly created, judges can validate laws by characterizing them as «preserving the traditions of society» (good); or invalidate them by characterizing them as «expressing moral disapproval» (bad).

The ideological underpinnings of universal human rights jurisprudence can best be gathered by glimpses of International Conferences organized under the auspices of the United Nations.

The pious legend of Holmes as the progressive «Yankee from Olympus» whose jurisprudence prefigured the New Deal is a hoax perpetrated by a clique led by Felix Frankfurter and Harold Laski.

Having in mind the shameful jurisprudence inaugurated by the Court in Dred Scott in the mid-nineteenth century, Lochner v. New York in the early twentieth, and Roe v. Wade and numerous other partisan decisions in our own time, one might say: «I'm sorry, but that is, to say the least, not persuasive.»

Earlier contributions were made by students in widely different fields: theology, philosophy, philology, jurisprudence and the social sciences, and later archeology and anthropology.

It is Professor Arkes» larger claims for a natural law constitutional jurisprudence — claims advanced by Professor Hittinger and Mr. Ball as well — that, it seems to me, land the whole enterprise in trouble.

The Integrative Jurisprudence of Harold J. Berman Edited by Howard O. Hunter Westview, 164 pages, $ 59 A much - deserved festschrift for a jurist who has made an inestimable contribution to understanding the connections between law, morality, culture, and religion.

Tradition has it that a part of every day Mohammed set aside to receive the complaints and suggestions of the citizens of Medina, and by his often simple and homely settlement of the important or unimportant issues brought before him, he set the pattern for ages to come in Moslem jurisprudence.

All Shi`as accept these four sources of religious law, but those who derive religious laws from testaments and Traditions define reasoning as the use of analogy, or parallels from Tradition, rather than deductive and inductive reasoning; those who follow the principles of jurisprudence do not accept reasoning by analogy as valid.

These four books, written by great religious scholars, are the basis for Shi`a jurisprudence; after the Qur» an, they are the sources of law for religious leaders in Shi`a.

Traditional Islamic jurisprudence is aware of such circumstances and exhorts Muslims «to honor treaties and agreements brokered by non-Muslims.»

The essay by the distinguished jurist and constitutional scholar Robert H. Bork on «lawless law» was an important part of that symposium, and he returns to that subject in a comprehensive and devastating article in the New Criterion, titled «Adversary Jurisprudence.»

Does it suggest that, in urging American Muslims to get involved in local, regional and national jurisprudence, Khan ultimately wants the U.S. to become a nation shaped by Islam?

As the seminar returned to the original briefs in Roe v. Wade, seeing them now through the lens of our concern about conservative jurisprudence, something now sprang out: The lawyers for the state of Texas had set forth in their brief an even richer form of the essay produced earlier by Paul Ramsey.

My case here has been that conservative jurisprudence can take a gentle turn, with steps not the least esoteric, not the least encumbered by foggy abstractions.

The interviewers try to divine the answer by asking questions that would test in some way the principles of judgment, or the understanding of «jurisprudence,» that command the respect of the judge.

Or will it yield the same kind of mechanistic style that has made conservative jurisprudence so morally empty — and so incapable of facing the challenges raised in litigation by the left?

For the study of theologv and jurisprudence the classical work by al - Sanusi is available, with interlinear translation in Malay, and other works which follow the Shafi'i school of law chiefly, although the Hanafi school is also represented in some writings.

In 1948, John Courtney Murray called the new religion jurisprudence «rigid, ruthless, sweeping,» and insisted that the Court's doctrine «can not be approved by the civic conscience» (in an essay first printed in First Things, October 1992).

James Bogle looks at the historical roots of the current undermining of fatherhood and the family by means of experimental laws and jurisprudence, the latest manifestation of which is the...

James Bogle looks at the historical roots of the current undermining of fatherhood and the family by means of experimental laws and jurisprudence, the latest manifestation of which is the government's Human Fertilisation and Embryology Bill which goes so far as to try and eliminate legal fatherhood for children in certain circumstances.

By this they mean to remove section 2 of the HRA which requires the UK courts to take account of the ECtHR jurisprudence.

Professor of International Law and Jurisprudence, University of Lagos, Akin Oyebode is set to deliver a paper on the Strategic Dialogue on Mobilizing the Citizens to Demand Anti-Corruption Reforms and an End to Impunity for Grand Corruption in Nigeria being organized by Socio - Economic Rights and Accountability Project (SERAP) in collaboration with the National Endowment for Democracy (NED).

I'm coming to this late, but this essay by Zephyr Teachout, former Howard Dean campaign internet director and Fordham Law School professor, on what Chief Justice John Roberts gets wrong about the meaning of corruption and a quid pro quo in American jurisprudence, is a must - read.

This is because the interpretation and application of constitutions (constitutional jurisprudence) are done holistically but not by a selection of their individual components as HLA Hart alluded.

But a human reviewing its output would conclude that, for instance, the documents typified by the words «jurisprudence» and «appellate» are legal documents, while those typified by «tonality» and «harmony» are music - theory papers.

Property rights not regulated by law jurisprudence per se dark goddess, her guise medusa, best third.

At the end of the film we meet the real Susette Kelo, standing on an empty lot where her little pink house was razed because of appalling policy backed by outrageous jurisprudence.

But the jurisprudence produced by the early Roberts Court on schools is steeped in doubt.

Justice Antonin Scalia was a staunch proponent of «originalism» in constitutional jurisprudence, an approach to deciding cases based on constitutional text as it was originally understood by its authors.

In general, state jurisprudence exams can be repeated as many times as needed by the candidate.

His book Acoustic Jurisprudence: Listening to the Trial of Simon Bikindi (OUP 2015) explores the trial of Simon Bikindi, who was accused by the International Criminal Tribunal for Rwanda of inciting genocide with his songs.

Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science and Associate Dean of the Faculty, and a distinguished expert on the use of the death penalty in America, will lead a post-lecture discussion, followed by a reception in the museum galleries.

The Guardian's reporting on this issue is, as ever, informed not by an understanding of why it is wrong to set fire to things to get your message heard, nor by coherent ideas about jurisprudence... It's not «fair», because Mason was «nice».

1) Question: I was just struck in the head violently by an airborne turtle, causing me, in my opinion, more pain and damages than anyone has ever suffered in the history of American jurisprudence.

While s. 2702 (b) allows for disclosure with the consent of the sender or recipient of the information, no law and no jurisprudence ensures that «consent» pursuant to state law, especially consent deemed to exist by state statute, will effectively bring a disclosure into subsection (b).

Prior jurisprudence holds that the rights granted to the owners of such «official marks» are distinct from the usual rights granted to trademark owners, and depend on whether the mark used by the defendant is «likely to be mistaken for» the official mark, as opposed to the passing - off analysis which depends on whether or not there is a «likelihood of confusion» and involves a consideration of the goods and services, channels of trade and public recognition of the respective marks involved.

U.S. jurisprudence has often been cited by Canadian courts in this area in recent years.

Garnett's critique was followed by that of former Chicago law student Jan Crawford Greenburg, legal correspondent for ABC News, who, in a single post, pairs Geoffrey Stone with Rosie O'Donnell and blasts them both for linking justices» Catholicism to their jurisprudence.