from The American Heritage® Dictionary of the English Language, 4th Edition
- adj. Relating to or having an effect on disposition or settlement, especially of a legal case or will.
from Wiktionary, Creative Commons Attribution/Share-Alike License
- adj. Intending to or resulting in disposition (disposing of or settling a matter).
from the GNU version of the Collaborative International Dictionary of English
- adj. Disposing; tending to regulate; decretive.
- adj. Belonging to disposition or natural, tendency.
from The Century Dictionary and Cyclopedia
- Relating to disposal; disposing or regulating.
- Pertaining to inclination or natural disposition.
If I understand it correctly, the judge's ruling appears to be premised on the notion that the word "dispositive" in section 948dc means "necessary," and that the military commission itself is not the sort of "competent tribunal" described in that section.
COL Brownbeck's opinion doesn't make clear how Congress intended the Commission process to differ from standard courts-martial, other than the self-evident post-2006 CSRT "dispositive" exception.
In that case, we held that a public use had occurred, finding "dispositive" the fact that the patentee
So Congress said that the kangaroo CSRTs were "dispositive" on status, although we have since had courts rule that, CSRT notwithstanding, the people before the courts were NEVER combatants much less enemy combatant much less unlawful (illegal or unprivileged) combatants
The fact that you've been a judge is not dispositive.
Quantitative data are relevant (e.g., population density is the single most important factor in assessing park needs; spending per capita is more revealing than acreage per capita) but never dispositive.
If Lieberman's staff had done a bit of research on this, they'd notice that many of the things listed in 8 U.S.C. § 1481 actually don't operate to automatically strip citizenship, absent the dispositive element of "assent" to voluntarily give up your citizenship (e.g. serving in a foreign military, taking a foreign nation's oath of allegiance, etc.).
"I don't think it's going to be a dispositive issue in the election."
If these small, technical matters are dispositive for you, then I urge you to get out of the house more often.
The information available is far from dispositive, and one should be cautious not to treat speculation as if it were established fact.
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