Although many courts have interpreted Dole to limit immunity qualification under agency and instrumentality
status to a majority ownership test, other jurisdictions recognize immunity under the organ test and apply the "McGonigle test."(68) The Supreme Court has not yet defined "organ of the state," but Justice Breyer's dissenting opinion in Powerex Corp.
It is an elucidation of SDT that begins to explain why it is possible that instrumentality
beliefs are not inherently contrary to interest and enjoyment of activities in the present.
Two tests have emerged for determining whether or not an entity is an "agency or instrumentality
," which the FSIA vaguely defines as a "separate legal person." (20) Under the legal characteristics test courts balance three characteristics of legal status that are enumerated in the statute's legislative history, namely "whether ...
Standard multiple regression analyses were calculated in order to explore the relationship between the spirituality factors (Core Spirituality, Spiritual Perspective/Existential, Personal Application/ Humility, and Acceptance/Insight) and each sexual attitude factor (Permissiveness, Sexual Practices, Communion in the Relationship, and Instrumentality
) (see Table 2).
was measured using a five-item scale.
The classic example of an instrumentality
of interstate commerce is the railroad, (80) and the principles of power over instrumentalities were developed largely in the railroad cases of the late nineteenth century.
To an extent, the OPC is but a mere instrumentality
or adjunct of the single stockholder.
In reversing the CA, the SC noted the acts of both the Executive and Legislative branches of government which had declared the MWSS not as a government-owned and controlled corporation but as a government instrumentality
with corporate powers.
260, 2B (2B), operates to bar tort claims arising from diseases with extended latency periods, such as those associated with asbestos exposure, where the defendants had knowing control of the injurious instrumentality
at the time of exposure.
His topics include the development of interpretive traditions: the Franciscan School, Christological instrumentality
, sacramental grace and instrumentality
: John of St.
(b) Duty to protect the instrumentality
of government and its property: This implies the power to protect government' properties and those who run government.