"That point has never been litigated," he says.
"The issue of labor members on boards in public companies has never been litigated or tested," said Corey Rosen, executive director of the National Center for Employee Ownership in Oakland, Calif.
But the core of DACA has never been litigated.
Stephen Menendian, my senior legal researcher, identified clear grounds under Title VIII for suit, but the provision had apparently never been litigated.
Although in 1976 a federal court ruled in a passing mention that legacy preferences are constitutional, the issue has never been properly litigated.
"We certainly wish the case had never been brought and we certainly wish we could've litigated it on the merits and achieved a victory," he continued, but resolving the case this way was much less expensive.
I've never been around an interesting pro hac vice motion, but then again I've never litigated in Trumpworld.
He spoke about the seeming impossibility of composing an indictment that would bridge the Anglo-American, French and Russian legal traditions, and he called the enterprise of trial preparation "the terrible task of trying to formulate, to do something, to prove themes that had never before been litigated".
"We have an issue that has been litigated and adjudicated through Congress.
Gene patents for therapeutics have often been litigated but have received surprisingly little public outcry.
