initio

I am not sure how that affects ShelbyC’s argument, but it doesn’t make Green any less problematic to me, so I am still looking for some proof that a court could no longer do what that court did. (void ab initio is a good start, but it only get’s me part of the way) jimM47 (Quote)

The Volokh Conspiracy » At Least a Dozen Flag Desecration Prosecutions in the U.S. Since 1992 2010

Yesterday's term was ab initio, which is defined as:

Define That Term #50 2006

Yesterday's term was ab initio, which is defined as:

Sui Generis--a New York law blog: 2006

A patent prosecutor is the best choice because only a patent prosecutor routinely faces this question on an ab initio basis and then gets to test her patent applications against what happens in the real world in the fullness of time.

The Volokh Conspiracy » Ed DuMont Nominated for the U.S. Court of Appeals for the Federal Circuit 2010

As for the assertion that “doctrinally nothing prevents somebody from being convicted for violating a law that has previously been declared unconstitutional”, that ignores the void ab initio doctrine, which holds: “An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.”

The Volokh Conspiracy » At Least a Dozen Flag Desecration Prosecutions in the U.S. Since 1992 2010

Had he wished to protect his family, perhaps he should have thought, ab initio, of the consequences on his family of his own self-indulgent behaviour.

Letters: Faith in Labour 2011

If the lawsuit ends up declaring the procedure unconstitutional then all other legislation passed through this method is void ab initio.

Think Progress » Pete Sessions Agrees That ‘Deem And Pass’ Is Legitimate 2010

They would come up with a flexible system, say based on capsules ab initio and then show how we go forward.

Would You Bring Back NGLT-or SLI? - NASA Watch 2009

I'm with Eric to a significant extent; the odds I set when making a bet aren't the odds I would put ab initio on the event taking place, but are closer to the odds I'd place conditional on the knowledge that someone else is willing to take the opposite side of the bet.

Beating the Odds: Why Do People Insist on Even Bets?, Bryan Caplan | EconLog | Library of Economics and Liberty 2009

Not every jurisdiction follows the void ab initio doctrine, and parties can deal with one another at arms length based on even an unconstitutional statute (such as in the case of an agreement to plead guilty notwithstanding possible constitutional infirmity), but this doctrine often applies, and it would be unwise to summarily disregard it.

The Volokh Conspiracy » At Least a Dozen Flag Desecration Prosecutions in the U.S. Since 1992 2010