This would have the benefit of forcing the courts to articulate more openly the premises on which they are reasoning.
The court articulated a constitutional standard, and in our system of law and government nobody but the court can articulate a constitutional standard.
A lower court later articulated a similar standard to Illinois's for distinguishing opinion from fact, relying on use of language and provability.
But Klemens tells Ars that the high court did at least articulate a clear principle: that patents cover physical machines and processes, not the manipulation of information.
The court articulated a three-pronged test for heightened scrutiny.
This position seemed to win the support of Justice Scalia, who is a skeptic of the "reasonable expectation of privacy" standard the high court first articulated 45 years ago.
Thomas even states that recent courts have articulated that the "rule against visible shackled does not apply to sentencing.
This case is significant for all taxpaying individuals, even in today's world, because the court articulated a "claim of right" doctrine.
Because the courts must articulate principled grounds for their decisions, they are particularly ill equipped to protect some groups but not others in an increasingly diverse society.
The court preserved the contractor's loss position and articulated the formula to be used when there is a substitution: