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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Consequently, I believe that even without the arbitral award, President Duterte could simply invoke the above facts to President Xi, who may just confirm or pass sub silentio China's implied recognition of our maritime entitlements under LOSC and allow us to harvest the natural resources, including the fish, in the WPS.
Or is Glass a "standing" case where the court sub silentio adopts standing analysis?
The Missouri Court of Appeals for the Western District reasoned that O 'Grady overruled Frazee sub silentio. (189) However, both the Boland and Beisly courts held that Frazee remained good law.
depart from a prior policy sub silentio or simply disregard rules that are still on the books."); see also Atchison, Topeka & Santa Fe Ry.
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.
As Judge Kavanaugh notes, such a holding 'sub silentio expand[s] executive power [at the expense of the legislature].' Op.
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." (7) Religion would then be protected because it is an option that is particularly valuable.
(5) In effect, the court sub silentio invalidated the regulation, without discussing how it might lie beyond the scope of the IR.S's authority or conflict with the text of the statute.
(19.) As Scalia wrote, "The Court assumes sub silentio throughout its opinion that Schlaich was not telling the truth." 123 S.