| United States. Supreme Court - 1980 - Страниц: 790
...doctrine of stare decisis, but we are conscious as well of the admonition of Mr. Justice Brandeis: "[I]n cases involving the Federal Constitution, where...sciences, is appropriate also in the judicial function." Burnet v. Coronado Oil & Go* Co., 285 US 393, 406-408 (1932) (dissenting opinion). Here, "the lessons... | |
| United States. Federal Trade Commission - 1935 - Страниц: 1440
...provided correction can be had by legislation. But In cases involving the Federal Constitution, when correction through legislative action Is practically...decisions. The court bows to the lessons of experience ana the force of better reasoning, recognizing that the process of trial and error, so fruitful Ш... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1932 - Страниц: 696
...Dall. 401; compare Brenham v. German American Bank, 144 US 173, 393 BRANDEIS, J., dissenting. eral Constitution, where correction through legislative...impossible, this Court has often overruled its earlier decisions.2 The Court bows to the les187, overruling Rogers v. Burlington, 3 Wall. 654 and Mitchell... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1932 - Страниц: 716
...Ball. 401; compare Brenham v. German American Bank, 144 US 173, 393 BRANDEIS, J., dissenting. eral Constitution, where correction through legislative...impossible, this Court has often overruled its earlier decisions.2 The Court bows to the les187, overruling Rogers v. Burlington, 3 Wall. 654 and Mitchell... | |
| United States. Air Force. Office of Scientific Research - 1958 - Страниц: 366
...the here and now.' Again, Justice BRANDEIS, in Burnet v. Coronado Oil and Gas Co.,18 wrote, '. . . Where correction through legislative action is practically...fruitful in the physical sciences is appropriate also to the judicial form.' Justice HOLMES summed up his viewpoints by stating, in The Path of the Law,19... | |
| United States. Tax Court - 1991 - Страниц: 758
...dissent, Justice Brandeis stated as follows: Stare decisis is usually the wise policy * * * But * * * [t]he Court bows to the lessons of experience and the force of better reasoning, recognizing the process of trial and error, so fruitful in the physical sciences, is appropriate also in the judicial... | |
| United States. Bureau of Employment Security - 1959 - Страниц: 962
...where the error is a matter of serious concern provided correction can be had by legislation.1 But in cases involving the Federal Constitution, where...sciences, is appropriate also in the judicial function. (Pp. 406-408 of Burnet's report.) 'Here, as footnote 1, Justice Brandeis listed a number of authorities... | |
| United States. Tax Court - 1989 - Страниц: 1136
...constitutional law, is apropos here (especially in light of the unsettled state of the relevant court decisions): The Court bows to the lessons of experience...sciences, is appropriate also in the judicial function. * * * [Fn. ref. omitted.] Based on the above analysis, consideration of our prior opinions, and the... | |
| United States. Congress. Senate. Committee on Foreign Relations - 1972 - Страниц: 936
...where the error is a matter of serious concern, provided correction can be had by legislation. But In cases involving the Federal Constitution, where...action is practically impossible, this court has often overuled its earlier decisions. This was not a new view. The same view was expressed many years previously... | |
| Philip B. Kurland - 1975 - Страниц: 304
...where the error is a matter of serious concern, provided correction can be had by legislation. But in cases involving the Federal Constitution, where...this Court has often overruled its earlier decisions. Although persuasive, this explanation speaks only to part of the problem that the Court encounters... | |
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