[email protected] wrote: > In a message dated 1/16/2009 8:45:57 PM Pacific Standard Time, > [email protected] writes: > > True enough, because you can't repeal what was never in the law in the > first place.>> > > --------------------------- > Whether or not it was part of Common Law is exactly the issue. > You have to read up on the doctrine here > _http://en.wikipedia.org/wiki/Sweat_of_the_brow_ > (http://en.wikipedia.org/wiki/Sweat_of_the_brow) > > Note how the "doctrine" is viewed in England. Or at least as presented here. > It should be apparent that the doctrine was treated as an implicit part of > US law until recently. > That is why, you see, it wound up at the Supreme Court in the first place. > To reconcile conflicting issues with the treatment of this implicit doctrine. > > Declaring a common law practice no longer valid is different from the statutory repeal of a statutory provision.
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