(70) Alexander's Rat Park experiment is criticized for "merely replacing]" the misconception that drug chemistry dispositively
produces addiction with another: "that environment is the most important factor." (71) But if that is true, and if the chemical hook theory is also defunct, how are drugs like OxyContin resulting in more addiction and overdoses than ever before?
(1987) (holding that the Court's decisions hold "dispositively
"Ellison is a Muslim," she says dispositively
. "How can a Muslim take an oath to support and defend the United States Constitution?
The dissent, by Justice Ginsburg, responded to this barrage of information by stating, "[u]nlike the Court, I do not think dictionaries, surveys of press reports, or the Bible tell us, dispositively
, what 'carries' means embedded in [section] 924(c)(1)." (126) To prove this point, Justice Ginsburg proceeded to list her own conflicting historical and literary sources before concluding, "[t]hese and the Court's lexicological sources demonstrate vividly that 'carry' is a word commonly used to convey various messages." (127) Interestingly, Justice Scalia joined Justice Ginsburg's dissent despite on numerous other occasions citing dictionaries favorably, or in a blocking manner.
Substantial arguments support that assumption, but the Supreme Court has not dispositively
resolved the issue.
(64.) On the other hand, defenders of disgorgement may argue that it is an established remedy that needs neither expansion nor creation and, as such, is not dispositively
undermined by the trends in implied private rights of action.
The existence and perseverance of differing legal viewpoints, and the inability to dispositively
demonstrate legal right answers, strongly suggests that the totality of legal reasons is insufficient to provide certain, objective knowledge of what the law is and requires.
Rather, it is more likely that essential attributes of judicial power involve judging--adjudicating and dispositively
resolving disputes involving legal rights.
the FBI was that CALEA dispositively
addressed the issue, absolving
30, 2015) (compiling various district court cases deciding whether the Church of the Creator's "Creativity" faith is a religion and declining to rule dispositively
on the issue); Sousa v.
656, 683 (1989) (Scalia, J., dissenting) ("What is absent in the Government's justifications--notably absent, revealingly absent, and as far as I am concerned dispositively
absent--is the recitation of even a single instance in which any of the speculated horribles actually occurred: an instance, that is, in which the cause of bribetaking, or of poor aim, or of unsympathetic law enforcement, or of compromise of classified information, was drug use.").
As to Verizon's contention regarding a lack of alternatives, Miller said he doesn't think the company's application so far "has dispositively
proved that there aren't other acceptable locations at this point."