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If the court hands down similar rulings in four more similar cases, it would create jurisprudence that would force changes in the current prohibitionary laws.
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The Mexican Society for Responsible and Tolerant Self-Consumption (SMART) — the activist group behind the supreme court case — pursued a similar legal strategy to the proponents of same-sex marriage who won a series of court cases and created "jurisprudence" earlier this year. .
The Court waxes eloquent on the blend of prudential and constitutional considerations that combine to create our misguided "standing" jurisprudence.
Perhaps more important, that line of jurisprudence would create a loophole allowing private regulatory evasion, since a transfer from a domestic debtor to a foreign beneficiary could be immunized from recovery if made through a foreign entity.
While this bottom-up approach has created a small jurisprudence on immigration that could set precedents, it has not played a crucial role in triggering policy reform.
"No decision of this court," she continued, "authorizes a blanket temporary-flooding exception to our takings clause jurisprudence, and we decline to create such an exception in this case".
If the Administration and the Army were interested in closing the Guantánamo facility while affording the detainees due process, they would move the 176 detainees to Afghanistan, help the nascent Afghan government create a prison and justice system, and conclude jurisprudence on the soil from which they came.
build on modified versions of medieval legal doctrines that were developed the previous century and a half or so, and cases of transnational laws, such as Islamic finance and cyber jurisprudence--or fatwa-case laws that create, for the first time in Islamic history, global communities with no shared local custom or social standards.
In case after case, the court, which begins its new term tomorrow, invoked broad theories of the sovereignty of the individual states and a limited view of Congress's authority -- creating a new federalism jurisprudence that has become the hallmark of the Rehnquist court.
The decision in Burger King Corp. v. Rudzewicz, has been criticized as complicating "personal jurisdiction jurisprudence by creating, in dicta, a new bifurcated test" that duplicates a venue analysis, adds little to the minimum contacts inquiry, hinders predictability, is a burdensome process, and potentially allows a plaintiff to manipulate a defendant's constitutional rights.
In the late 1890s, Klimt's career veered more toward the unconventional, as he created three paintings -- "Philosophy," "Medicine," and "Jurisprudence" -- that were deemed radical and even pornographic by critics for their overtly sexual interpretations of traditional allegories.
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