The great business
dictums hold true ever the more ardently in most of BigLaw.
Alfred North Whitehead's
dictum holds as much in politics as it does anywhere else: the only simplicity to be trusted is that which emerges at the far side of complexity.
Note incidentally that if Aristotle's
dictum holds, together with (9), this second proof becomes trivial in the extreme.
Not exact matches
The
dictum of induced demand
holds no water in this part of the Lone Star State: if roads are crowded, the Houston approach is to build more.
Obeying the
dictum, «Don't put all your eggs in one basket», many investors
hold a good mix of Canadian, U.S. and international stocks.
That's the kind of reasoning that used to get you into trouble in legal method courses during the first year of law school for failing to distinguish between the actual
holding of a case and the obiter
dicta of the judges.
Whitehead notes that his «principle of universal relativity directly traverses Aristotle's
dictum,» which
holds that «an actual entity is present in other actual entities» (Process 50).
But if we can swallow such a
dictum of science without a murmur, why should the values and realities of the spirit be
held to be unreal and imaginary?
During one of his sermons, he paraphrases F. Scott Fitzgerald's famous
dictum about the sign of a fine mind being the ability to
hold two competing ideas at the same time.
In a dissenting opinion, President Judge Dan Pellegrini said the majority «conjures up some sort of unexpressed
dicta or
holding» from the Montessori case.
With that in mind, I think it's worth including a section I cut from my Monday post — a section I
held off running at the time following Mark Twain's
dictum about the value of «unsent letters.»
The more conservative interpretation of the
dicta would
hold that the ECJ were merely referring to the eventual goal for Article 20 TFEU to become the primary source of these rights and incipient duties within the boundaries of the EU legal order.
This wasn't necessary for the
holding in this case, which was about whether the person was a citizen, so this could be considered
dicta.
Third, you could argue that your opponent relies on mere
dictum, not a
holding.
Prior to the time when the First Amendment was
held applicable to the States by reason of the Due Process Clause of the Fourteenth, the Court at least by obiter
dictum approved State Sunday laws on three occasions: Soon Hing v. Crowley, 113 U. S. 703, in 1885; Hennington v. Georgia, 163 U. S. 299, in 1896; Petit v. Minnesota, 177 U. S. 164, in 1900.
For example, what was once merely a shard of interpretive
dicta in an earlier Supreme Court decision may morph into the
holding of another case years later, suggesting a story arc about the meaning of the Constitution serendipitously rediscovered in the reverberations of a different time.
But courts have a tendency to pay attention to what the Supreme Court says, even if it treats the opinion as «undisciplined
dicta» rather than core
holding.