Despite this preference for informal contract governance, the mere presence of an enforceable, litigable
contract stabilizes the transaction.
Applying these percentages to the 310 death sentences from 1994, if 7% of those defendants had plausible, litigable
intellectual disability claims, that would be about twenty-two defendants; and if about 40% of those twenty-two defendants with plausible intellectual disability claims would have prevailed, that would mean a total of about nine would have been spared.
20) This quality reveals the functional character of a human right and distinguishes it from dreamy idleness and mundane aspiration that is of no litigable
209) The Kames formulation tracks the English idea that certain genuine harms (damna) might not arise from a litigable
invasion of the plaintiff's legal rights (injuria).
1988) ("[I]n a section 262 appraisal action the only litigable
issue is the determination of the value of the appraisal petitioners' shares on the date of the merger, the only party defendant is the surviving corporation and the only relief available is a judgment against the surviving corporation for the fair value of the dissenters' shares.
Often, whether a corporation is or is not insolvent for purposes of Delaware law is a litigable
146) See David Kinley, Civilising Globalisation 193 (2009) (referring to the statute as "an extremely limited, highly conditional, litigable
instrument of last resort"); Harold Hongju Koh, Separating Myth from Reality About Corporate Responsibility Litigation, 7 J.
Fundamentally, from the taxpayer's perspective, useful issue resolution tools share the following characteristics: 1) they facilitate reaching agreement on the facts, 2) they resolve disputes more quickly, consistently, and efficiently than traditional litigation, and 3) they result in a binding, final resolution that is not litigable
after the fact (this is very much a concern of taxpayers with respect to certain countries).
168 Because it is up to the executive branch to formulate such rules, making them litigable
in criminal cases might result in "fewer and less protective regulations" (or so the Court argued).
113) Apple also appealed to judicial efficiency, stating that the new USPTO rule arising from Staats would create a "new, confusing, and endlessly litigable
ground for challenging reissue patents in district court.
When courts entertain claims that such subtle and implicit alternate messages negate an explicit and obvious religious message, they invite sham defenses and make every case litigable
As far as the court was concerned, "Plaintiff Jiang Tao's claimed rights infringement has not yet occurred, and is hence not litigable