"What is uncomfortable," said Renny Thomas, senior partner and head of financial services for the consulting firm McKinsey & Co in India, "is that the unprovided-for
part of Indian banks' total nonperforming loans is a significant proportion of the net worth of the banking system."
(328) Certainly, the strong role for practice described here empowers judges by proliferating the sources to which they may turn in construing the constitutional text, and by condoning the use of practice to supplement that canonical text in unprovided-for
In conflict of laws, this case is called an unprovided-for
case, and it is generally dealt with by application of the forum's law.
(70) With Hart--and with the knowledge that the Delaware legislature sometimes overrules decisions of the Delaware courts--Strine clearly understood that he is a delegated decisionmaker, charged with filling out an unprovided-for
corner of the law.
Questions like the fate of slavery in new territory, the role of the postal service in spreading anti or proslavery opinion, the role of free states in relation to the unanticipated efforts to enforce the Fugitive Slave Clause--these and many other largely unprovided-for
issues arose in the post-Founding era.
Currie's [section] 2 has come to be known as a "false conflict," [section] 3 as an "apparent conflict," [section] 4 as a "true conflict," and [section] 5 as an "unprovided-for
Fried with respect to changed circumstances and other unprovided-for
cases: Once we are outside the scope of the parties' voluntarily assumed obligations, we are outside the domain of LCT.
He numbers among the great unprovided-for
multitude of the modern world--the new man, writ large, in the new condition of self-improvement.
"no interest" or unprovided-for
case exists and the law of the
And in other early work he would also identify the "unprovided-for
case," the case in which neither state has a legitimate governmental interest.
Gaps in the code are filled in by a process civilians call the equity of the statute: judges reason by analogy from the most pertinent provision and its policy to supply the answer in the casus omissus, the unprovided-for
The New York court reasoned that here, unlike Tooker, New York had no interest in applying its law, because it did not care about guaranteeing compensation to Ontario residents.(95) According to the court's reasoning in Babcock and Tooker, Ontario had no interest in preventing fraudulent claims, because the driver, a New York resident, had insured his car in New York.(96) Based on the previous cases, then, Neumeier seemed to be an unprovided-for
case in which New York law would therefore apply.