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.
It simply demonstrates the ambiguity that resides within the terms "holding" and "dicta
," terms that create far greater potential for mischief than illumination.
present[ed]." (144) Indeed, the liberal use of dicta
Law students are often taught that the American legal system sees dicta
as neither binding nor normatively desirable and typically spend significant time and energy looking for the line separating the two.
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.
And yes, the Supreme Court has held, in dicta
, that public schools may and probably should teach "about" religion if it is done in an academic, neutral, balanced way.
The immense popularity of Valerius Maximus throughout the Middle Ages and Renaissance is well attested by the many manuscripts, printed editions, commentaries, epitomes, and even versifications of the nine books of his Facta et dicta
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.