[iv] Adrian Vermeule, Judging Under Uncertainty: An Institutional Theory of Legal Interpretation (Cambridge, MA: Harvard University Press, 2006) and Paul Daly, «The Unfortunate Triumph
of Form Over Substance in Canadian Administrative Law» (2012) 50 (2) Osgoode Hall Law Journal 317.
For the majority, the Appellant was really making a complaint
of form over substance — that the Appellant was not in fact prejudiced by the Respondent's failure to file and serve a formal notice of application for the summary dismissal (although, at para. 17, the majority accepts that in some circumstances, prejudice may be caused to the opposite party).
The Unfortunate Triumph
of Form over Substance in Canadian Administrative Law (2012) 50:2 Osgoode Hall Law Journal 317.
Paul Daly, «The Unfortunate Triumph
of Form over Substance in Canadian Administrative Law» 50:2 Osgoode Hall LJ [forthcoming in 2012].
If you are a regular follower, you have probably seen these before, but two of my recent essays have been published and are now available for free download and citation: The Unfortunate Triumph
of Form over Substance in Canadian Administrative Law (2012) 50:2 Osgoode Hall Law Journal 317.
Gigi is a triumph
of form over substance.
Not exact matches
Many
of these assertions appear to elevate
form over substance.
The concept
of God with say the Hebrew reflected and agreed with the
form and
substance as held
over thousands
of years.
It is knowledge that, as we come to know it more and more deeply
over many years, will give
form and
substance to our entire imagination, to our whole way
of being in the world, to our very existence.
Ultimately, the inter-connectedness
of reality and
form takes primacy
over the Cartesian preference for
substance and quality in Whitehead's philosophy (PR xiii).
Process theology may refer to all
forms of theology that emphasize event, occurrence, or becoming
over against
substance.
When you leave the chia seeds to soak in liquid
over night (as in this chia pudding), the seeds absorb the water and
form a gel - like
substance that coats the middle
of the seed (a black center).
Formed over 45 million years ago, Baltic amber is an organic
substance, a «fossil resin» produced by pine trees which grew in Northern Europe - from southern regions
of the present day Scandinavia and nearby regions
of the bed
of the Baltic Sea.
He covered all
of the bases needed to leave the Hill smiling and fulfilled and yet... the zeitgeist again;
form over substance, the product adapted to suit the audience.
This slow digesting protein mainly
forms a gel kind
of substance in your gut, which results in a constant release
of amino acids into your blood stream
over time.
Will it finally dispose
of the legal quibbling
over form versus
substance regarding the payment procedure?
By painting layer upon layer
of whites and off - whites
over silkscreened elements used in previous works — monochrome
forms taken from reproductions, enlargements
of details
of photographs, screens, and polaroids
of his own paintings — he accretes the surface
of his pressurized paintings while apparently voiding their very
substance.
By invoking the extreme mediation
of experience and meaning, Brown's work provocatively calls into question the power
of image, as well as the appeal
of surface
over the
substance of cultural
forms.
The Turner Prize is much more about a media event than art, and as such reflects an increasing trend
of modern life,
form over substance.
The sneaker morphs into various
forms — a bat, a castle, an oozing red
substance —
over the course
of approximately three minutes.
-LSB-...] Bradley, CEO and founder
of the Institute for Energy Research, said: «BP put
form over substance and took their eye off the ball» and called «Beyond Petroleum» -LSB-...]
The travaux préparatoires show that various concerns were raised
over the
form and
substance of this principle, including concerns that severability
of arbitral awards would in practice «open the door to a review as to
substance», 794 which the drafters
of the New York Convention sought to prevent.
It set me thinking about the extent to which, in more general terms,
form over substance is a familiar feature
of the actions, decisions and priorities
of some
of the legal and professional publishers.
This was very much the case with his article Legal Publishing and Market Research — Getting It Right, in which he succeeds in identifying «
form over substance» motives in some publishers» research and in so doing highlights something short
of honesty behind much
of it.
And that's why I favor the solo and practice blogs that aren't
form over substance or full
of jargon but those that teach me, by example, how to practice law and deliver legal services to my clients better, faster and less expensively.
Lawyers understand the importance
of principles and
substance over form.
That's why, as quoted above, she prefers legal blogs
of substance over form.
Mr. Heffernan, who co-authored an amicus brief on behalf
of the Real Estate Bar Association and the Abstract Club with Danielle Andrews Long, states that he was happy that the First Circuit certified the issue to the SJC, considering the «fairly harsh» Bankruptcy Court decisions on technically defective acknowledgements, which he calls «elevating
form over substance.»
We are unwilling to fortify the armory
of those who attack the law as famous for its ability to elevate
form over substance.
Thus in the fall
of 1979, [following the decision in Canadian Union
of Public Employees, Local 963 v. New Brunswick Liquor Corporation (1979), 79 CLLC 26 14,029 (S.C.C.)-RSB- the Board could give ascendance to its objective
of creating a better climate for labour relations problem solving at its hearing by discontinuing recording and avoiding the formality and regard for
form over substance that accompanied recording.
* While the procedural rules must
of course be observed, the need to achieve the right result for that person requires an emphasis on
substance over form.
Despite the apparent consensus in the BEPS Reports, each country's view
of «fair share» will be different Paying a «fair share» is a difficult concept in a «rule
of law» tax system like Canada whose courts have eschewed «
substance over form» in their decisions.
The Alabama Court
of Civil Appeals has said you can't go beyond it out
of a desire to elevate
substance over form.
[5] Such a «strict procedural approach,» according to the Supreme Court, «places a premium on
form over substance, and relegates to the back burner the Charter right to vote and the enfranchising objective
of the Act.»
Dismissal is a matter
of substance over form.
«Market participants, including lawyers, trading venues and financial services firms, should be aware that we are disturbed by many examples
of form being elevated
over substance, with
form - based arguments depriving investors
of mandatory protections.