Sentences with phrase «legal doctrines when»

However, as with most legal issues, this is not always clear cut and courts employ many legal doctrines when warranted to find that contracts are not enforceable.

Citizens United overturned a century of legal doctrine when it ruled that pursuant to the Free Speech Clause of the First Amendment, corporations and labour unions have the right to spend unlimited amounts of money through ads, commercials and other political tools to support or oppose candidates for office.

Not exact matches

I get that someone who has messed up their marriage might be your friend and ministry associate, and that you might want to give them the benefit of the doubt and believe them... But when they invent a false doctrine of spiritual versus legal marriage, surely some kind of red flag has to go up?

Here's another, scarcely less oratorical in character, from the Congregation for the Doctrine of the Faith: the title of this document (another wonderful example of Vatican bogus academic language when what is needed is a competent journalist used to writing informative headlines) is «Considerations regarding proposals to give legal recognition to unions between homosexual persons» (2003): The Church's teaching on marriage and on the complementarity of the sexes reiterates a truth that is evident to right reason and recognised as such by all the major cultures of the world.

We are reverting to the pre-Constantinian situation, where the Church has no legal standing and its doctrines are considered to be private matters (when they are not considered to be seditious).

And when it comes to immunizing such «choices» from legal restriction or even private remonstration, the Court's liberals can be counted upon to flip on the switch of what Justice Antonin Scalia, writing in dissent, describes as «the ad hoc nullification machine that [is] set in motion to push aside whatever doctrines of constitutional law stand in the way of the highly favored practice of abortion.»

In fact, the Carnegie Report's recommendation to this effect acknowledges that it is «building on the work already underway in several law schools...» 49 And based on these experiences, a robust literature has developed extolling the virtues of integrating writing with doctrine.50 In reviewing this literature, a number of themes emerge: integration sends the right institutional message to students about the importance of writing in their legal careers and about the relationships between doctrine, analysis, and writing; 51 there is a strong connection between writing and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about it.

When I began my teaching career, at Georgetown, I taught a traditional legal writing course with writing assignments drawn from a variety of doctrinal areas, paying more attention to skills I wanted to teach — e.g. analyzing statutes, using elements tests, analogizing and distinguishing cases, synthesizing case and statutory law, etc. — than to integrating any particular area of doctrine.

But when one contrasts the Canadian reaction to the explicit insertion of religious views into the Republican Party and the recent book attempting to argue that the US Constitution (notwithstanding the separation doctrine) is a Christian text because of the beliefs of the Founding Fathers — then it becomes clear just how different the two legal cultures are.

When Ontario's land titles system does the above, it follows an outdated legal doctrine called «deferred indefeasibility» (or delayed guarantee).

Nor am I confident that traditional faculty are uniformly generous when evaluating scholarship on legal doctrine authored by a legal writing colleague.

This exception to the doctrine of waiver applies when one party discloses information that is subject to solicitor - client privilege to another party (or parties) who have a common interest in a legal matter.

When a hospital employee's malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine of respondeat superior.

There are a lot of legal doctrines out there that are designed to avoid a hard clash of conflicting court orders and to prevent someone from suffering contempt of court sanctions when they are in this bind.

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.

By showing up in person at various ABA meetings, faculty get to meet exceptional lawyers from across the country who can both help when needed to answer questions about unique legal doctrines in a given state, and who also may be in a position to hire your students after graduation.

When a claim is against the bus driver, district, or municipality, the case can become very complicated because of a legal doctrine called sovereign immunity.

The practice is incompatible with a precedent - based legal system because it is inconsistent with the doctrine of stare decisis — when a court has decided a principle of law applicable to certain facts, it will apply that principle to all future cases where the facts are substantially the same.

Numerous commentators have bemoaned both the FISA courts» secretive nature and the content of specific legal interpretations revealed in their leaked opinions.2 But an overlooked yet fundamental problem with the FISA courts» work is that judge - made law can be generated only through stare decisis, 3 a doctrine that we argue is not justified when applied to secret opinions of the type the FISA courts produce.

When legal doctrine is lacking, lawyers and judges sometimes look for analogies, trying to find the most analogous transaction for which clear tax treatment does exist.