We then offer a way to reconcile these seemingly incompatible theories and precedent: shifting the time of jurisdictional assessment from the time of filing in federal court to the time of dismissal of the jurisdictional spoiler.
"To dust off Victorian constitutional histories and examine precedents from the time of Charles I and Chaucer may seem bizarre.
Legislation authorizing the escheat of unclaimed property, such as real estate, bank accounts, and other earmarked funds, typically provides as a condition precedent to the escheat an appropriate lapse of time and the provision of adequate notice to make sure that the property may fairly be treated as abandoned.
Baseball argued that a precedent had been set at the time of the Texas Rangers new cable deal and that because TWC has assumed most of the risk around the channel and promised to cover affiliate fees from distributors who refuse to carry it, all of the money should be subject to revenue sharing.
Relying on DeLoach v. Bevers, 922 F. 2d 619901990), and Poole v. County of Otero, 271 F. 3d 955 (2001), the Court of Appeals concluded that, at the time of Howards' arrest, its precedent had clearly established the unlawfulness of an arrest in retaliation for the exercise of First Amendment rights, irrespective of probable cause.
In contracts of merchants for the sale and delivery or for the manufacture and sale of marketable commodities a statement descriptive of the subject-matter, or some material incident, such as the time of shipment, is a condition precedent, upon the failure or nonperformance of which the party aggrieved may repudiate the whole contract.
Was this a proper use of the state's resources and a precedent to be proud of – the first time any state in the west had decided to guarantee the basic subsistence of many of its citizens?
The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, most notably in New York Times Co. v. Sullivan (1964).
This is also an area where there may be variation between cancers; however, for consistency and because there are no methodological precedents we used the time period of 12 months for all of the cancers.
This may offer precedent to rethink the move toward the introduction of such strategies to reduce waiting times [36].
