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Persuasive Authority
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The post-re-election President Bush said he has acquired "political capital," and he means to "spend" it - on a second-term policy agenda noteworthy for its ambition, including Social Security and tax reform. That's an interesting little twist on the metaphor of "political capital." Perhaps it was a slip and Mr. Bush's intention in using the term was entirely conventional. But maybe not. What is political capital? It's hard to be precise, but surely it's some form of persuasive authority stemming from a position of political strength. It may be easier to think about it in comparative terms: Mr. Bush clearly had more political capital on Nov. 3 than he did two days earlier and arguably (apart from the effects of September 11) in his entire first term. He won a solid majority. Mr. Bush al...
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The first of their kind, two recent Supreme Court decisions- Lawrence v. Texas and Roper v. Simmons-extensively cite foreign law while overturning American constitutional precedents. These controversial rulings fuel a debate that has divided the Court for decades over the status of foreign and international law in interpreting the Constitution. Justice Breyer's transnationalist camp recognizes the relevance of foreign law as persuasive authority when dealing with fundamental rights (i.e., Eighth and Fourteenth Amendment guarantees). Justice Scalia's originalist camp contends that foreign law undermines our unique Constitution and describes such law as irrelevant to constitutional interpretation. Recent events have altered the Court's composition, upset a delicate ideological balance, an...
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.... 2010) (persuasive authority) (holding that Congress’s creation of ...
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Introduction. I. "Shedding Light" on Collective Inquiry, Deliberations/Discussion, and Official Action. A. The Stages of Decisionmaking: Collective Inquiry, Deliberations/Discussion, and Official Action. B. The Fight for the Label: The Ohio State University and "Briefing" Sessions. C. Eclipsing the Sunshine: The Narrow Definitions of "Deliberations" and "Discussion" Supplied by Ohio's Appellate Courts. 1. Meaning of "Deliberations". a. First Definition of "Deliberations". b. Second Definition of "Deliberations". 2. Meaning of "Discussion". 3. Rationale for Narrow Constructions of "Deliberations" and "Discussion". D. The Sun Rises: The Broader Interpretations of Ohio's Sunshine Law Suggested by Its Legislative History and the Ohio Supreme Court. 1. The Statutory Language of Ohio'...
...35 . Legal authority and commentary indicate widespread agreement that ...218 . D. Persuasive Authority for the Narrow Interpretation: The Feder...
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Sections 106(a) and 101(27) of the US Bankruptcy Code use the general phrase "other foreign or domestic government" to abrogate sovereign immunity without specifically referencing Indian tribes. The US Supreme Court has not yet decided whether these sections of the Code abrogate tribal sovereign immunity, and lower court decisions have come to varying conclusions. As a general rule, Indian tribes are immune from suit due to their inherent sovereignty. Congress, however, may abrogate the sovereign immunity of tribes by unequivocally stating its intent to do so in a statute. When interpreting abrogation provisions in a statute, courts have only found an unequivocal expression to be present when the statute explicitly references Indian tribes. The unequivocal expression standard used by co...
... precedent in the state context to be persuasive in construing the abrogation of tribal sovereign i... sovereign immunity to be persuasive authority in the context of tribal sovereign immunity.64 Lik...
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...(3) Reactions to the use of non-U.S. persuasive authority in those decisions ranged from cheers an...
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As the price of oil continues its climb, a potential catastrophe looms on the horizon. While the countless effects of surging oil prices have been discussed at length, one possibility has received far less attention -- the revival of International Monetary Fund (IMF) Article VIII(2)(b) as a defense to financing contracts. If the recent surge in oil price accelerates, countries may be forced to adopt new monetary policies to protect their own faltering currencies. Article VIII(2)(b) completely bars the enforcement of an illegal exchange contract in any IMF member state. This note attempts to show how this diminutive IMF article, if not treated with its deserved respect, has the potential to destroy financing contracts, especially in these times of global economic uncertainty. An IMF amen...
... The interpretation would only command persuasive authority, as the Executive Board's interpretation...
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Introduction - II. Anatomy of an Anecdote: What Is the Explanatory - Exception? - A. The Rule: Hearsay - B. The "Exception": Explanation - C. What It Was and What It Is - D. Scope of the Exception - . Relevancy - . Verbal Statements v. Conduct - . Constitutional Restrictions - . Other Evidentiary Limitations - III. Louisiana’s Application of the Explanatory Exception: - A Tumultuous Tale - A. The Supreme Court Trilogy - B. Too Much Hearsay Relevancy - C. Uncaging of the Beast: Inconsistent Appellate - Application - . Blatant Explanatory Exception Abuse - . Specific Categories of Misuse - IV. Resolving the Plot’s Central Conflict: How to Legally - Apply the Explanatory Exception in Louisiana - A. Return to a Proper Relevancy Analysis - . Explanations of an Officer’s Conduct - . Explan...
