adoption of a controlling rule (Texas) · Go Syfert
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adoption of a controlling rule in Texas

7 Texas opinions name it 3 courts 1978–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Girouard v. United Statesgreen
scotus · 1946 · cited in 7 Texas opinions naming this issue, 1978–2015
2 sentences

2015See Girouard v. United States, 328 U.S. 61, 69 , 66 S.Ct. 826 , 90 L.Ed. 1084 (1946) (“It is at best treacherous to find in Congressional silence alone the adoption of a controlling rule of law.”); Brown v. De La Cruz, 156 S.W.3d 560, 566 (Tex.2004) (“[LJegislative silence ... may reflect many things, including implied delegation to the courts or administrative agencies, lack of consensus, oversight, or mistake.”).

2015See Girouard v. United States, 328 U.S. 61, 69 , 66 S.Ct. 826 , 90 L.Ed. 1084 (1946) (“It is at best treacherous to find in Congressional silence alone the adoption of a controlling rule of law.”); Brown v. De La Cruz, 156 S.W.3d 560, 566 (Tex.2004) (“[LJegislative silence ... may reflect many things, including implied delegation to the courts or administrative agencies, lack of consensus, oversight, or mistake.”).

47
Boys Markets, Inc. v. Retail Clerks Union, Local 770green
scotus · 1970 · cited in 5 Texas opinions naming this issue, 1978–2004
2 sentences

2004“It is at best treacherous to find in congressional silence alone the adoption of a controlling rule of law.” Girouard v. United States, 328 U.S. 61, 69 , 66 S.Ct. 826 , 90 L.Ed. *887 1084 (1946), quoted in Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235, 241 , 90 S.Ct. 1583 , 26 L.Ed.2d 199 (1970).

2004“It is at best treacherous to find in congressional silence alone the adoption of a controlling rule of law.” Girouard v. United States, 328 U.S. 61, 69 , 66 S.Ct. 826 , 90 L.Ed. *887 1084 (1946), quoted in Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235, 241 , 90 S.Ct. 1583 , 26 L.Ed.2d 199 (1970).

25
Brown v. De La Cruzgreen
tex · 2004 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Girouard v. United States, 328 U.S. 61, 69 (1946) (“It is at best treacherous to find in Congressional silence alone the adoption of a controlling rule of law.”); Brown v. De La Cruz, 156 S.W.3d 560, 566 (Tex. 2004) (“[L]egislative silence . . . may reflect many things, including implied delegation to the courts or administrative agencies, lack of consensus, oversight, or mistake.”).

2015See Girouard v. United States, 328 U.S. 61, 69 , 66 S.Ct. 826 , 90 L.Ed. 1084 (1946) (“It is at best treacherous to find in Congressional silence alone the adoption of a controlling rule of law.”); Brown v. De La Cruz, 156 S.W.3d 560, 566 (Tex.2004) (“[LJegislative silence ... may reflect many things, including implied delegation to the courts or administrative agencies, lack of consensus, oversight, or mistake.”).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Helvering v. Hallock green
scotus · 1940
2 sentences

2002In Helvering v. Hallock, 309 U.S. 106 , 60 S.Ct. 444 , 84 L.Ed. 604 (1940), it is stated that "It would require very persuasive circumstances enveloping Congressional silence to debar this Court from re-examining its own doctrines." In Girouard v. United States, 328 U.S. 61 , 66 S.Ct. 826 , 90 L.Ed. 1084 (1946), it was stated that "It is at best treacherous to find in Congressional silence alone the adoption of a controlling rule of law.

2002In Helvering v. Hallock, 309 U.S. 106 , 60 S.Ct. 444 , 84 L.Ed. 604 (1940), it is stated that "It would require very persuasive circumstances enveloping Congressional silence to debar this Court from re-examining its own doctrines." In Girouard v. United States, 328 U.S. 61 , 66 S.Ct. 826 , 90 L.Ed. 1084 (1946), it was stated that "It is at best treacherous to find in Congressional silence alone the adoption of a controlling rule of law.

21978–2002

Where else courts name it

TX 7 (1978–2015) VA 5 (2020–2024) CO 3 (2001–2026) GA 3 (2007–2023) HI 3 (1957–2012) IA 2 (1973–1982) CT 2 (1975–2021) DC 2 (1987–1987)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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