Also known as: teachings of the publicists · publicists teachings · scholarly writings · doctrine · writings of jurists
Written by attorneys · grounded in primary & secondary sources — see below
Subsidiary means for the determination of rules of international law consisting of the writings and opinions of legal scholars. These materials supply evidence of primary sources such as treaties and customary law but do not themselves create binding rules.
Tori Taylor is charged with conspiracy after agreeing with others to commit arson. The principal offense is later completed. Her lawyer cites teachings of publicists on the common-law merger doctrine in international criminal tribunals to argue that the conspiracy charge merges into the completed felony and must be dismissed as a misdemeanor.
Tracy Torres contracts to buy land from Trevor Tate. Before closing a fire destroys the building. Tracy's counsel relies on teachings of publicists interpreting the doctrine of equitable conversion in transnational property disputes to contend that risk of loss passed to her at contract formation.
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Tara Tran, a mid-level employee at Threshold Capital, emails corporate counsel about pending litigation at her supervisor's direction. When opposing counsel seeks the email, the company's attorney cites teachings of publicists on attorney-client privilege in international arbitration to establish that the communication remains protected.
Taliah Tang challenges a municipal zoning ordinance restricting development near a river. Her brief draws on teachings of publicists to argue that the regulation is not a servitude under the Restatement because public land-use rules fall outside that category in cross-border environmental disputes.
Theo Thomas's will leaves property to his heirs. Thunderbolt Motors, a creditor, claims a reversionary interest under the doctrine of worthier title. The estate's lawyer invokes teachings of publicists confirming that the Uniform Probate Code has abolished the doctrine as both a rule of law and construction in estate matters with foreign elements.
Tundra Resources executives agree to falsify environmental reports. No further steps occur. Prosecutors rely on teachings of publicists explaining that at common law the agreement alone completes the crime of conspiracy without any overt act requirement in transnational regulatory prosecutions.
They are subsidiary means for the determination of rules of law. They supply evidence of primary sources such as treaties and custom but do not themselves create binding obligations.
Supporting sources
Lawyers and judges consult scholarly writings as persuasive authority when interpreting doctrines such as merger, equitable conversion, or conspiracy. The writings help clarify historical rules and modern applications without binding force.
Supporting sources
No. Teachings of publicists are not primary sources. A court may consider them for guidance but remains free to adopt or reject any scholar's analysis.
Supporting sources
…actions enjoined by law but that in that case the mandamus ought not to issue if the report did not confer a legal right. That doctrine is not novel now advanced. It is true the mandamus now sought is not for performance of an act expressly enjoined by statute but to deliver a commission where the acts of Congress are…