Sub Silentio


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Sub Silentio

[Latin, Under silence; without any notice being taken.]

Passing a thing sub silentio may be evidence of consent.

SUB SILENTIO. Under silence, without any notice being taken. Sometimes passing a thing sub silentio is evidence of consent. See Silence.

References in periodicals archive ?
Much like the odious Internal Revenue Service inquiries made of Tea Party and conservative nonprofits, this FCC foray into the private domain of editorial selection is meant to intimidate and smacks of Big Brother and a sub silentio return to the Fairness Doctrine.
Buying time for its own sake makes sense in some negotiating contexts, but the sub silentio objective here was to jerry-rig yet another argument to wield against Israel and its fateful decision whether or not to strike Iran.
X, [section] 7 in the Advisory Opinion was in sub silentio conflict with the Florida Supreme Court's prior controlling precedent in Greater Loretta.
Could it be that he was, sub silentio, lifting up the Christian faith that has undergirded and sustained Western civilization for millennia?
The idea that religious freedom serves autonomy makes sense only if it relies, sub silentio, on something like Joseph Raz's view that "[a]utonomy is valuable only if exercised in pursuit of the good" and that "[t]he ideal of autonomy requires only the availability of morally acceptable options.
5) In effect, the court sub silentio invalidated the regulation, without discussing how it might lie beyond the scope of the IR.
As Scalia wrote, "The Court assumes sub silentio throughout its opinion that Schlaich was not telling the truth.
However, it is well established that such sub silentio holdings--that is, "unstated assumptions on non-litigated issues"--have no precedential value.
In both China and India, even after a certain consensus to "modernize" emerged, the beginnings of success were postponed by experiments with socialism, so that the effective adoption, even sub silentio, of a policy of borrowing Western economic institutions can be dated as late as 1991, when the implosion of the Soviet system clarified a good many minds.
1994) (holding that a warrantless search by a thermal imager violates the Fourth Amendment), overruled sub silentio by United States v.
Observation: Although the Court did not address wash sales restrictions (which disallow losses on sales of securities if substantially identical securities are acquired within 30 days before or after the sale), it has apparently relaxed them, sub silentio (that is, without comment).