(11) The
judicial doctrine of non-review has been discredited and abandoned in most jurisdictions as courts observe wrongdoing that occurs in peer review, but this doctrine has not yet been overruled in Iowa, Oklahoma, and South Carolina.
Part II describes the current
judicial doctrine and agency practice
(177) For example, the
judicial doctrine of procedural legitimate expectation has been brought to bear to impose procedural constraints on agencies (namely hearings legitimately anticipated by persons affected by administrative acts) over and above those mandated by statute.
* Does another
judicial doctrine (e.g., substance over form or step transaction) more appropriately address the noncompliance that is being examined?
(20) The aim was to ensure that the content of
judicial doctrine in statutory employment law would be circumscribed by the accumulation and profit imperatives of capitalist relations of production.
(13) To determine the extent to which a final judgment precludes subsequent litigation, one must look to the
judicial doctrines of the law of the case, res judicata, and collateral estoppel.
(9) Gregory, decided in 1935, is perhaps the most frequently cited Supreme Court case dealing with the formulation of a
judicial doctrine for interpreting tax statutes.
The courts have often applied a
judicial doctrine know as the economic substance doctrine to deny tax benefits arising from transactions that do not result in a meaningful change to the taxpayer's economic position other than a purported reduction in federal income tax.
would be unwilling to extend the relevant
judicial doctrine into a
Weiler has famously supported his claim that
judicial doctrine is indeterminate by arguing that the Carnation Co.
Like Rabban, O'Neill attributes this to
judicial doctrine advanced since the 1950s, and Downs adds that various First Amendment advocacy organizations also serve to protect academic freedom.
That list includes: text, structure, original meaning, original expected application (to use Balkin's phrase),
judicial doctrine, political branch practice, settled expectations, consequences, and the nation's tradition, ethos and values.
(12) But in the mid-nineteenth century, American jurisprudence followed the practice of treating
judicial doctrine as distinct from politics.
Changes being considered to the
judicial doctrine of 'abusive dismissal' would also increase the numerical flexibility of Japanese firms.
The Senate bill also includes a controversial proposal to codify a
judicial doctrine that denies claimed tax benefits if a transaction lacks economic substance independent of tax considerations, and imposes a new penalty for transactions lacking economic substance.