(2) As explained in Section XII of this article, in making a correction in Zivotofsky the Court left in place other erroneous dicta
in Curtiss-Wright and created a new model of presidential power that seems close cousin to the sole-organ doctrine.
(19) And it is on display when a federal appellate judge suggests that Supreme Court dicta
foreclose her independent interpretation of the Establishment Clause.
court's historic willingness to wade into dicta
to provide guidance
Lower courts' willingness or reluctance to assert their own authority by challenging dicta
fundamentally affects the ways in which higher and lower courts speak to each other and shape the law.
, Secretaria de Agricultura y Ganaderia, Danli, Honduras; C.A.
Many attorneys are following the dicta
set forth in Peebler & Nay v.
What the courts did do confirmed my worst fears with their "by-the-way" comments that you practicing attorneys call dicta
. The dicta
in both Judge Marsh's decision(3) and in the Ninth Circuit decision(4) bothers me a great deal.
in the exercise of states' section 2 powers." (76) The court deemed the retailers' challenge foreclosed by the North Dakota dictum, (77) stating that "if dicta
this be, it is of the most persuasive kind." (78)
Nesi's work consists of a visionary interpretation of the Pythagorean dicta
that, unlike the earlier satirical interpretations of Leon Battista Alberti and Angelo Poliziano, "oscillates," Celenza argues, "between Ficinian Neoplatonism and Savonarolan apocalypticism" (2-3).
Although the court cites Hitchens in dicta
, it appears to be rejecting the Hitchens court's observation, also in dicta
, that a properly restructured related-party loan that causes an S corporation to become directly indebted to its shareholders creates basis.
Could it be that Coke and the other judges in the books referred to by Chancellor Kent were merely mouthing dicta
, words thrown out obiter, "by the way" or "in passing," words on which the judicial mind was not really concentrated?
However, the 1961 St Leger winner Aurelius ran second in the 1967 Champion Hurdle before being disqualified, and he surely had class and talent as he beat Bounteous and Dicta
Drake at Doncaster.