The terms "determinatively
influence" could be added to the existing leadership clause to bring it up to date.
(46) The shareholder primacy norm was determinatively
articulated as a doctrinal rule of corporate law by the famous decision in Dodge v.
(By "open texture" I mean that what, specifically, following a given rule entails in a given situation is not determinatively
laid down either by the actions that up to then have conformed to the rule or by any extant interpretation of it.) Moreover, he claims, the open texture of rule-following implies that politics is universal: since human speech and action are rule-following activities, the correctness of any act is contestable.
In Part IV, we consider the arguments that have been mounted, both substantive and procedural, as balancing factors against the constitutional claims, and conclude that in the cases where DNA is potentially determinatively exculpatory, those factors are unpersuasive.
The situation faced by prisoners seeking access to DNA evidence is not one in which the government has exercised its power to prevent attorneys from gaining access to prisoners, but one in which the state prevents prisoners and their attorneys from gaining access to the evidence that may determinatively exonerate them.
Second, a subject is not treated determinatively
if it is likely to be treated elsewhere in the near future, including in subsequent projects carried out under the auspices of the Restatement of the Law of Torts (Third).
(155) The court's inquiry mirrored the Havasupai opinion in that Navajo Nation emphasized the extreme harm to the plaintiffs' religious interests as determinatively
analogous to Lyng, yet neglected to track Lyng's analysis.
In that sense, this aspect of s 51(xxix) suffers from the same shortcomings as any reliance on the power on the basis that the law in question immediately addresses a matter of 'international concern'--a test set down by Stephen J in Koowarta v Bjelke-Petersen (102) which has since been applied sporadically, albeit never determinatively
Law application is now widely seen as a complex, dynamic process informed by substantive values and contextual considerations rather than as a process determinatively
guided by a methodology such as plain meaning or drafters' intent.(4) This literature, however, is largely concerned with statutes in civil public law contexts rather than criminal codes, and it is completely devoid of any effort to describe how juries apply statutes.(5) This is a deficiency in the statutory interpretation literature, but it is a more serious gap in studies of the jury.