Sentences with phrase «legal doctrines like»

U.S. law has a whole sub-field a statutes and legal doctrines like the Rooker - Feldman doctrine designed to prevent these conflicts from coming up when they arise between federal and state courts.

Not exact matches

Scholasticism Theology moved from the monastery to the university Western theology is an intellectual discipline rather than a mystical pursuit Western theology is over-systematized Western Theology is systematized, based on a legal model rather than a philosophical model Western theologians debate like lawyers, not like rabbis Reformation Catholic reformers were excommunicated and formed Protestant churches Western churches become guarantors of theological schools of thought Western church membership is often contingent on fine points of doctrine Some western Christians believe that definite beliefs are incompatible with tolerance The atmosphere arose in which anyone could start a church The legal model for western theology intensifies despite the rediscovery of the East

Legal writing is replete with phrasal adjectives like breach - of - contract claims, personal - injury lawyer, subject - matter jurisdiction, civil - rights case, good - faith exception, attorney - client privilege, and work - product doctrine.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

This Comment joins other work in arguing that the legitimacy of stare decisis depends upon widespread publication.4 The doctrine of stare decisis itself emerged only with the consistent and reliable publication of court opinions, 5 and legal processes that do not result in the issuance of publicly available opinions, such as settlements and arbitrations, generally lack stare decisis norms altogether.6 Although previous scholarship has discussed the proper role of stare decisis in the context of «unpublished» opinions, 7 which make up around eighty percent of all United States courts of appeals opinions8 (and are usually publicly available despite their name), 9 this Comment provides the first examination of the tenability of stare decisis as applied to truly secret opinions like those of the FISC.