Circuit relied on erroneous dicta that appeared in the Supreme Court's 1936 ruling in Curtiss-Wright.
Circuit admitted it was placing confidence in judicial dicta rather than a judicial holding.
Rather, it is why holdings should be entitled to deference--and why dicta should not--in the first place.
A judge is always free to consider a prior statement for its persuasive value, even if she regards the statement as dispensable dicta.
chancery court dicta that spurred the supreme court's ruling in
Delaware judges have frequently crafted dicta to give
During the same three-year period, there were 8406 references to dicta
in federal court of appeals briefs and 12,946 references in state court of appeals and state supreme court briefs.
This case will be viewed by most courts as dicta
because there was no decision on its merits.
Three of the things that came out of the dicta
bother me most.
in the Bean decision indicated that the Eighth Circuit might take a different view if the loan distributed by the related entity was contributed to capital, instead of becoming debt from the S corporation to its shareholders.
The notes are instructive in matters of historical identification, cross-references to related passages in the Facta et dicta
, and sometimes to other authors.
One of the many commendable points about Rudowski's extensive historical critique is the thorough and comprehensive knowledge it reflects of Machiavelli's total canon and how his other writings enlighten and inform the stark dicta
of The Prince.