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There are, however, certain well-established doctrines controlling the action of the government, which can always be invoked to prevent hasty and improvident action against the Indians.
In this contribution to a symposium on the Restatement's Physical and Emotional Harm provisions, we demonstrate that the Reporters' proposed approach runs afoul of numerous well-established doctrines that limit remote-actor liability while unjustifiably glossing over the actual grounds on which courts allow for the imposition of liability on remote actors.
For one, they will almost never be held personally liable for their bad conduct while on duty thanks to well-established doctrines like qualified immunity, which puts taxpayers on the hook for lawsuits filed as a result of police misconduct or brutality.
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"It's just well-established doctrine among free-market economists," said Daniel J. Mitchell, a tax economist at the conservative Heritage Foundation who also attended the meeting.
"It is a well-established doctrine of economic thought that greater openness and interconnectedness boosts the productive potential of our economy.
We have only recently reaffirmed the well-established doctrine that the consistent administrative construction of federal legislation 'is entitled to great weight.' Trafficante v. Metropolitan Life Insurance Co., 409 U.S. 205, at 210, 93 S.Ct.
She declined, however, to stray from the "well-established doctrine" that commercial speech receives somewhat less constitutional protection than non-commercial speech.
Framed within the ambit of tort law more generally, the outcomes in controversial M&A cases do not represent departures from well-established doctrine.
Other countries can prosecute foreign nationals under the well-established doctrine of "universal jurisdiction". But since Bush initiated his war on Iraq, no nation has been willing to incur the wrath of the United States by maintaining such an action against a U.S. leader.
And well-established legal doctrines allow federal courts to dismiss claims if another country provides a better forum or if the case will interfere with American foreign policy.
Still, many of the cases on the docket feel warmed over, representing opportunities to refine and flesh out relatively well-established legal doctrines rather than to break new ground.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com