Under the 1939 Code this item was permitted to survive a tax-free reorganization in the Stanton Brewery case, but only over the dissent of Judge Learned Hand, who wrote the majority opinion in the Sansome case, a leading case requiring carryover of earnings and profits in a non-taxable reorganization.

In 1957 Nixon delivered a significant opinion that a majority of Senators had the power to adopt new rules at the beginning of each new Congress, and that any rules laid down by previous Congresses were not binding.

Armed with the Nixon opinion, the Senate liberals rounded up their slim majority and prepared to choke off debate on the filibuster battle this week.

However, in drafting opinions, the Chief Justice enjoys additional influence in case disposition if in the majority through his power to assign who writes the opinion.

However, since the contras failed to win widespread popular support or military victories within Nicaragua, since opinion polls indicated that a majority of the U. S. public was not supportive of the contras, since the Reagan administration lost much of its support regarding its contra policy within Congress after disclosure of CIA mining of Nicaraguan ports, and since a report of the Bureau of Intelligence and Research commissioned by the State Department found Reagan's allegations about Soviet influence in Nicaragua " exaggerated ", Congress cut off all funds for the contras in 1985 by the third Boland Amendment.

This calculation depends on a number of variables, such as its performance in opinion polls and the size of its majority.

When the Court renders its decision, it will generally do so in a single majority opinion and one or more dissenting opinions.

Washington's strong support mobilized public opinion and proved decisive in securing ratification in the Senate by the necessary two-thirds majority.

Despite the majority opinion that Luke was a gentile writing to other gentiles, a few authors have challenged this view.

A Lebanese public opinion poll taken in August 2006 shows that most of the Shia did not believe that Hezbollah should disarm after the 2006 Lebanon war, while the majority of Sunni, Druze and Christians believed that they should.

He explained why he did not accept the opinion of the majority report of the commission ( 1968, # 6 ).

In writing the majority opinion, Franklin said, " This fellow Mesmer is not flowing anything from his hands that I can see.

However, it was universally known as the Berlin Wall and the majority opinion was that its primary purpose was to keep East German citizens from escaping to the West.

" In so doing, he did not merely denigrate the opinion of the majority but also of those who had influence or power as well.

The liberalizing responsum, adopted as a majority opinion by 13 of 25 votes, was authored by Rabbis Elliot N. Dorff, Daniel Nevins, and Avram Reisner.

A responsum by Rabbi Joel Roth, adopted as a majority opinion by 13 votes, reaffirmed a general complete prohibition on homosexual conduct.

This opposition must be put in context with the second option offered by the majority opinion, which allowed that the defendant had the option of remaining silent, saying: " Had he wanted to remain silent, he could have said nothing in response or unambiguously invoked his Miranda rights, ending the interrogation ".

( However, pursuant to the majority opinion in United States v. Patane, physical evidence obtained as a result of pre-Miranda statements may still be admitted.

Executive power is vested in the cabinet led by the prime minister ; the Malaysian constitution stipulates that the prime minister must be a member of the lower house of parliament who, in the opinion of the Yang di-Pertuan Agong, commands a majority in parliament.

Executive power is vested in the cabinet led by the prime minister ; the Malaysian constitution stipulates that the prime minister must be a member of the Lower House of parliament who, in the opinion of the Yang di-Pertuan Agong ( YDPA ), commands a majority in parliament.

In the run-up to the election, held on 9 April 1992, most opinion polls had suggested that the election would end in a hung parliament or a narrow Labour majority.

While only the majority opinion is considered precedential, an outvoted judge can still publish a dissenting opinion.

" Still, the House of Lords has remained reluctant to overrule itself in some cases ; in R v Kansal ( 2002 ), the majority of House members adopted the opinion that R v Lambert had been wrongly decided and agreed to depart from their earlier decision.

Other than the Bible, the majority of the LDS canon constitutes revelation dictated by Joseph Smith and includes commentary and exegesis about the Bible, texts described as lost parts of the Bible, and other works believed to be written by ancient prophets.

In some developing nations, grain in the form of rice, wheat, millet, or maize constitutes a majority of daily sustenance.

( Gaspar Sanz ' Instrucción de Música sobre la Guitarra Española of 1674 constitutes the majority of the surviving solo corpus for the era.

Only when an incumbent president is absolutely absent ( either through resignation, impeachment or death ), the Congress of the Union constitutes itself acts as an electoral college to elect an interim president by absolute majority.

The traditional music of Ireland and Scotland constitutes the majority of published scores for the whistle.

Walking constitutes a major mode of travel among the low-income majority.

The president can send the bill back to parliament for changes, which constitutes a limited veto that can be overridden by a simple majority.

The tower, built like many coastal Churches to act as a beacon by ships out at sea, constitutes the majority of the medieval structure, the rest having been rebuilt in the ensuing centuries.

The Township is served by the East Penn School District, of which it constitutes the majority of the population.

The primary or old growth forest consists of small portions of tropical rain forest and lower mountainous rain forest, which constitutes the majority of the forest ecosystem.

Although Supreme Court Justice Oliver Wendell Holmes joined the Court majority in upholding Schenck's conviction in 1919, he also introduced the theory that punishment in such cases is limited to political expression that constitutes a " clear and present danger " to the government action at issue.

A large majority of the players in Elitserien, approximately 70 % during the 2006 – 07 season, constitutes Swedes.

The majority of the story takes place in the parallel world of Fantastica ( Phantásien in the original German version ; referred to as Fantasia in the films ), a world being destroyed by the Nothing, which represents and constitutes people's lack of imagination in the real world.

As an example, the former Yugoslav republic of Bosnia and Herzegovina recognizes the three main nations, none of which constitutes a numerical majority, as constitutive nations, see nations of Bosnia and Herzegovina.

It is celebrated not only in countries where the Tamil community constitutes a majority, but also in countries where Tamil communities are smaller, such as Mauritius, Singapore and Malaysia.

; Pars nervosa: Also called the neural lobe or posterior lobe, this region constitutes the majority of the posterior pituitary and is the storage site of oxytocin and vasopressin.

Per the Constitution Act, 1982, many amendments can be passed only by the Parliament of Canada and a two-thirds majority of the provincial legislatures, those provinces together representing at least 50 % of the national population -– this is known as the 7 / 10 formula ( as there were and are 10 provinces, so 7 constitutes a two-thirds majority ).

Forced compliance / assimilation based on majority group coercion constitutes what Pierre Bourdieu writing in the 1960s and dealing with issues of intercultural communication and conflict called symbolic violence ( in English, Bourdieu, P. ( 1977 ).

The Indian State of Kashmir constitutes the backdrop of most of her writings, especially terrorism and the repercussions of it, notably the mass exodus of the majority community of " Kashmiri Pandits ".

Others would take the view that-in the majority of instances, at least-' the temporary collapse of ego boundaries that constitutes falling in love ... is a genetically determined instinctual component of mating behaviour ', and so that ' falling in love has little to do with purposively nurturing one's spiritual development '.

As most Airsoft players have noted that propane and silicone oil constitutes the majority of Green Gas propellant, manufacturers have produced adapters that attach to propane tanks that are available at many retail stores, usually including reservoirs to store lubricant ( usually silicone oil ).

The Supreme Court of California, in a famous majority opinion by Justice David Eagleson, sharply criticized the idea that foreseeability, standing alone, constitutes an adequate basis on which to rest the duty of care: " Experience has shown that.

Focal cerebral ischemia constitutes a large majority of the clinical cases in stroke pathology with the infarct usually occurring in the middle cerebral artery ( MCA ).