Robinson v Chief Constable of West Yorkshire Police, Supreme Court, UKSC four, para.21. “The widespread law isn’t a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that may be recognized,” Southern Pacific Company v. Jensen, 244 U.S. 205, 222 (Oliver Wendell Holmes, dissenting).
Dworkin’s wealthy and sophisticated arguments attracted various traces of reply from positivists. Controversy is a matter of diploma, and a consensus-defeating quantity of it’s not proved by the existence of adversarial argument within the high courts, or indeed in any courts.
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That case involved a swimsuit between two personal events under the Telephone Consumer Protection Act (TCPA), which the Federal Communications Commission interpreted as prohibiting faxes that advertise free items and services. The district court docket held that it was not sure by the agency’s dedication, but the Fourth Circuit held that the FCC’s interpretation was binding on the district court docket under the Hobbs Act. Justice Breyer’s opinion … Read More