Government Instrumentality Doctrine

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2.122 documents for Government Instrumentality Doctrine

- Government Instrumentality Doctrine
A rule that provides that any organization run by a branch of the government is immune from taxation....
- West's Encyclopedia of American Law
- Fri–Jam
- Shareholder activism by public pension funds and the rights of dissenting employees under the First Amendment.
...Does the Government Speech Doctrine Foreclose First Amendment Challeng...Using an Independent Instrumentality Test Helps to Delineate the Border Line Between Go...
- Harvard Journal of Law & Public Policy
- Vol. 34 Nbr. 1, January 2011
- Em Ltd., Plaintiff-Appellant, v. Republic of Argentina, Defendant-Appellee. Nml Capital, Ltd., Plaintiff-Appellant, v. the Republic of Argentina, Defendant-Appellee. Nml Capital, Ltd., Plaintiff-Appellant, v. the Republic of Argentina, Defendant-Appellee, Banco Central de La Republica Argentina, Interested-Non-Party-Appellee. Docket No. 06-0403-Cv. Docket No. 06-0405-Cv. Docket No. 06-0406-Cv., 473 F.3d 463 (2nd Cir. 2007)
...A government's repayment of its debt to the IMF is not a "comme... [FSIA's] definition of `agency or instrumentality.'"). Under subsections 1610(a) and (d), assets of ... a theory (later called the "Calvo Doctrine") that "absolutely condemn[ed] diplomatic as well ...
- Federal Circuits

- NML Capital, Ltd. v. Banco Central de la República Argentina, (2nd Cir. 2011)
... approving a settlement between the government and the union). Indeed, plaintiffs do not contest ...' new claims were not barred under the doctrine of res judicata, the District Court granted the Ba... national government and instrumentality under § 1292(b) without determining whether juris...
- Federal Circuits
- Article VI: Prior Debts, National Supremacy, And Oaths Of Office
... with a treaty executed by the Federal Government, it was left for him to develop the full signific... a century of vacillation under the doctrine of dual federalism. In the former case, he asserte... regulate commerce" when a state instrumentality was involved. "The state can no more deny the powe...
- Constitution of the United States (Annotated)
- Fry v. United States, 421 U.S. 542 (1975)
...The Government filed this action to enjoin Ohio and its officials... was critical to the development of the doctrine which the Court today applies. There the Court hel... might not impose a tax on an "instrumentality" of a State was shortly modified. See Graves v. Ne...
- U.S. Supreme Court
- Brown v. Board of Education of Topeka, Kansas
... of colored children and connotes governmental acceptance of the conception of racial inferiority..., this Court has clearly enunciated the doctrine that the state may not validly impose distinctions... but equal doctrine has been an instrumentality of defiant nullification of the Fourteenth Amendme...
- West's Encyclopedia of American Law
- Milestones in the Law
- Securities fraud.
...Truth on the Market 2. Bespeaks Caution Doctrine C. Defense Based on Legitimacy of Criminalization ... cause of action are shown, and if the government provides sufficient proof that the violation of th... on the "use of any means or instrumentality of interstate commerce or of the mails, or of any ...
- American Criminal Law Review
- Vol. 47 Nbr. 2, March 2010
- Dole Food Co. v. Patrickson, 538 U.S. 468 (2003)
... the question whether status as an instrumentality of a foreign state is assessed at the time of the ... refer to no authority for extending the doctrine so far that, as a categorical matter, all subsidia... other immunities that are based on a government officer's status at the time of the conduct giving...
- U.S. Supreme Court
- Guns, fruits, drugs, and documents: a criminal defense lawyer's responsibility for real evidence.
... the client is the source of an instrumentality or fruit of a crime or an incriminating document 2...-which depends on whether the government has yet initiated "adversary criminal proceedings"...(45) The act of production doctrine posits that even if the Fifth Amendment does not a...
- Stanford Law Review
- Vol. 63 Nbr. 4, April 2011