The regulatory regime the Bulletin adopts is an interesting counterpoint to judicial doctrine
that broadly sweeps agency internal law into the notice-and-comment category.
149) This use of judicial doctrine
interpreting the Constitution--as distinct from constitutional rights considered in themselves--can be understood as an example of judicial departmentalism in action.
Offering an overview of the evolution of judicial doctrine
in gay rights, this casebook for law students and undergraduates seeks to be accessible to those with no background in constitutional law.
In practice, the limited and qualified immunity provided by HCQIA has been transformed into nearly absolute immunity by the "objective test," established by case law and by the judicial doctrine
This Article maintains that current judicial doctrine
It is only when the domestic tax laws of a country do not include a general anti-abuse rule or the judicial doctrine
or principles are somewhat less restrictive or do not apply in the context of tax treaties that the general anti-abuse rule under the tax treaty may give specific legal recognition to the principles of treaty abuse.
The importance that the judge has is extremely high because, as important representatives of our judicial doctrine
(1) uttered, he/she is "a referee of life, fortune, freedom and honor of everyone.
51) But clearly there are other considerations at stake besides perfectly tailoring judicial doctrine
to expertise or other rationales for deference, and we will return to the matter of optimal variation later.
132) This judicial doctrine
is consistent with the ideals of administrative efficiency because agencies are often better positioned to choose the most efficient means in pursuit of statutory ends given their informational advantages over courts.
Nixon's primary goal, McMahon argues, was not to shape judicial doctrine
but to build an electoral coalition capable of sending him to, and keeping him in, the White House.
These penalties cannot be imposed based upon the application of another "similar rule of law" or judicial doctrine
until further guidance is issued.
The agency's argument is based on a 35-year-old judicial doctrine
called Glomar, which allows government agencies to respond to requests under the Freedom of Information Act, or FOIA, by refusing to confirm or deny the existence of the records that have been requested.