Sentences with phrase «jurisprudence as»

Through these decisions, «tribes were brought within the framework of American jurisprudence as sovereigns.»

Where so many people treat American jurisprudence as though it began in 1870, the judges and lawyers here reveal that there were extensive historical and empirical arguments, as well as political theory, decades before that.

Justice Slatter's dismissal of this jurisprudence as «a simple disagreement by the judiciary with the public policy decisions of democratically elected officials» looks not unlike the expression of a simple disagreement by one judge with the constitutional policy decisions of his hierarchical superiors.

For instance, in Narraine v. Ford Motor Co., [1996] O.H.R.B.I.D. No. 43, the Board of Inquiry addressed the damaged working relationship, stating at paragraph 10: This type of reasoning has provoked discussion in human rights jurisprudence as well.

Writing in a similar vein in his Columbia Law Review article, Kevin Reitz describes the Supreme Court's Sixth Amendment jurisprudence as «constitutional Swiss cheese.»)

On the jurisprudence as it now stands, only Parliament may relieve against s. 241,» wrote Newbury in reference to the famous case involving Sue Rodriguez.

Writing in a similar vein in his recent Columbia Law Review article, Kevin Reitz describes the Supreme Court's Sixth Amendment jurisprudence as «constitutional Swiss cheese.»

Consequently, Justice Brown did not interpret the binding jurisprudence as permitting the Court of Appeal to interfere with the Tribunal's decision simply because it considered Charter values in the course of determining whether the Respondents» conduct violated section 5 (1) of the Code.

(Waiting for Bio to be compiled) Attorney Jeffrey A. Silvia has been recognized by the National Academy of Jurisprudence as a premier practitioner in Personal Injury.

Just as sports analogies, movie lines, and song lyrics have found their way into lawyers» briefs and judicial opinions, Star Trek and its intergalactic wisdom have permeated our jurisprudence as well.

In one instance, on October 3, 2017, the National Post published Pardy's opposition to the Law Society's new Statement of Principles requirement, citing selected Charter free speech jurisprudence as his underlying support.

21 As is true of the asymmetry of appeals, such considerations may do little to explain particular cases but may provide some insight into the current jurisprudence as a whole.

However, in my respectful view, the trial judge's reasons reveal a failure to consider significant factors that, as I will explain, have been identified in the jurisprudence as having a direct bearing upon whether to grant a stay in cases of this kind.

Tron it ain't, but see if visualizing 200 - year - old Supreme Court jurisprudence as an expanding Hoberman sphere does it for you, even without the 3 - D glasses:

In a preface to his book, «The Concept of Law» (1981), HLA Hart defined «the term jurisprudence as wisdom about law.

These decisions exemplify both the inherently expansive nature of the new regime's abortion jurisprudence as well as its disempowerment of political opponents.

The first group has clearly worked out principles of jurisprudence as a guide, with accepted procedures for legal actions, while the second group uses only testaments and Tradition as guides for their actions.

Walliyulla had already turned Muslim attention to the Hadith as the real source of Islamic jurisprudence as opposed to the decisions of the jurists.

Such thinkers are known in the history of Islamic jurisprudence as rationalists, or men of thought.

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.

«Chalk this up as a lesson in jurisprudence»

As a tour de force of semantic gymnastics, Casey has few equals in the annals of modern jurisprudence; it is, next to Roe itself, perhaps the starkest reminder of the extent to which our Constitution has become, at the hands of the Court, a thing of almost infinite plasticity.

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).

Nor should it have been a surprise that the Court, having successfully claimed for itself the authority to write a «living Constitution» based on penumbras and emanations, should assume the roles of National Metaphysician and National Nanny (as it did in Casey, with its famous «mystery of life» passage and its hectoring injunction to a fractious populace to fall into line behind the Court's abortion jurisprudence).

In deciding what food can be eaten and what is forbidden Muslim jurisprudence accepts as guides the Qur» an, the Hadith, what the Prophet ordered to be killed and what he forbade killing, and the foods which are abhorrent to human feeling.

Tom Tom «He doesn't seem to grasp the idea that we «agree» to have a system of jurisprudence that determines what is legal and what is not in such a way as to preserve our individual rights as they are guaranteed to us under our Constitution»

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.

They are therefore looked upon, not as a separate sect, but rather as a group of conservative, orthodox Muslims whose belief is centered around the Qur» an and the Hadith, who seek to express their faith in word and deed, and whose object is the reestablishment of the Muslim state on the basis of Muslim jurisprudence.

Arkes remains a convinced incrementalist in abortion politics: he recounts the battle over partial - birth abortion (still ongoing) as a «modest first step» away from the jurisprudence of Roe; in a similar vein he has hopes that the Born - Alive Act (now signed into law) might help to revive reasoned public discourse about the true character of abortion.

Prof. Smolin is troubled (as he should be), but also seems puzzled (as he should not be), about how American jurisprudence departed from the premises of the Framers and Abraham Lincoln.

Embracing an apparent relativism and anti-intellectualism, Prof. Smolin writes: «Even if we immediately restored the preeminence of natural rights / natural law discourse to our national jurisprudence and politics, abortion rights activists would still find ways of justifying the abortion right in that mode of discourse, just as prior generations justified the enslavement of African Americans through invoking God, the nature of things, and the Bible.»

Nowhere does he set forth the argument of the book, and on natural rights jurisprudence generally, he uses Arkes as a kind of foil for his own reservations — again, without ever delineating Arkes» position.

This Court was specifically mandated to «proceed and act and give relief on principles and rules which, in the opinion of the said Court, shall be as nearly as may be conformable to the principles and rules on which the ecclesiastical courts of Ireland have heretofore acted and given relief» [and] the [Irish] Constitution has inherited and amended this former jurisprudence in matrimonial matters.

I will begin with the thought that Roosevelt's list of rights never caught on, the Court abandoned its tentative forays into a jurisprudence of redistribution in the late Sixties, and that our crisis today might be, instead, our individuals» inability to understand themselves as parts of any whole greater than themselves these days.

What strikes one after reading this vastly informative book is how much the conditions of this dhimmitude varied among countries, rulers, and eras, and how much the encounter with Western modernity has added a new element of ambivalence, almost schizophrenia, in Muslim jurisprudence» sometimes leading to emancipation and sometimes to a violence and hatred unknown to the past, as in present - day Algeria.

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.

(Because obviously it wouldn't make any sense as reasonable jurisprudence — see the other comment.)

It is impossible to will a world where religious liberty is protected while endorsing a jurisprudence that describes opposition to gay marriage as animus.

Bork, Arthur contends, is far afield precisely because he grounds his jurisprudence in a moral skepticism and positivism that denies «claims of natural rights» as discovered, for example, in «Jefferson's ringing endorsement of self - evident rights in the Declaration of Independence and the Federalists» insistence on separation of powers and the adoption of the Bill of Rights.»

Even in those structures of justice aiming to be completely impartial — the apprehension of lawbreakers and the affixing of penalties for crime — the best jurisprudence takes into account the maturity and the motive of the offender and the possibilities of remedial as well as of punitive treatment.

(Although, as a life long student of history, social and political philosophy and jurisprudence, I must admit that I had long been enamored with the moral teachings of Jesus, and I suppose that I had always hoped that His Messianic claims were true.)

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.

991), known as the «truthteller»; his book is Man la Yahduruh al Faqih, which means Self - Study Jurisprudence.

So sharply contrasting are his views on natural law that it almost seems as if Novak were adopting Thomas Aquinas» method, that is, beginning his book with the concession: «It would seem that the concept of natural law can not function inside Jewish theology or jurisprudence.»

For Novak, however, nothing could be more disastrous for Judaism than to admit Socrates, Plato, the Stoics, Grotius, and Kant into the operative logic of Jewish jurisprudence, for not only did the ancient advocates of natural law such as Plato and the Stoics lack a doctrine of creation, but even Grotius and Kant» devout monotheists though they were» imported a false philosophy into God's sovereign dealings with the human race:

Americans usually translate it as «secularism» and think of it as a particularly strict version of our own Establishment Clause jurisprudence, but it's not that simple.

Justice Antonin Scalia declares in Stenberg v. Carhart that he is «optimistic enough to believe» that the decision constitutionally protecting partial «birth abortion will «one day... be assigned its rightful place in the history of this Court's jurisprudence beside Korematsu [validating internment of Japanese «Americans during World War II] and Dred Scott [holding white supremacy and racial slavery as fundamental tenets of American constitutionalism].»

Every summer the Witherspoon Institute offers a seminar on the Moral Foundations of the Law, open to rising 2L and 3L students in law school, as well as those in LLM and JSD programs (and we've been known to have students in the seminar studying jurisprudence in other disciplines, like....

Nord's plan for teaching religion as religion under existing First Amendment jurisprudence will not please everyone who seeks more religion in the schools.

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.