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Last Resort Rule
In Constitutional law, the Last Resort Rule is a largely prudential rule which gives a federal court the power to avoid a constitutional issue in some circumstances. This rule dictates that, even if all other jurisdictional and justiciability obstacles are surmounted, federal courts still must avoid a constitutional issue if there is any other ground upon which to render a final judgment. The last resort rule can function as a distinct barrier to Constitutional avoidance. It is articulated by Justice Brandeis in Ashwander v. Tennessee Valley Authority. The First Application Brandeis cited two examples in Ashwander of the "most varied application" of the last resort rule. First, as between two potential grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will only decide the latter. To the extent the question involves statutory construction and a plausible interpretation of the statute might obviate the need for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Avoidance
Constitutional avoidance is a legal doctrine in United States constitutional law that dictates that United States federal courts should refuse to rule on a constitutional issue if the case can be resolved without involving constitutionality. When a federal court is faced with a choice of ruling on a statutory, regulatory, or constitutional basis, the Supreme Court of the United States has instructed the lower court to decide the federal constitutional issue only as a last resort: "The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of." '' Ashwander v. Tennessee Valley Authority'', 297 U.S. 288, 347 (1936) (Brandeis, J., concurring). The avoidance doctrine flows from the canon of judicial restraint and is intertwined with the debate over the proper scope of federal judicial review and the allocation of power among the three branches of the federal government an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Siler V
Siler may refer to: * ''Siler'' (spider), a genus of jumping spiders * Siler (Stargate), a character in the ''Stargate'' franchise * Siler, Virginia, an unincorporated community in Frederick County, Virginia * Siler City, North Carolina * ''Siler'' (plant), a genus in the family Apiaceae. People with the family name Siler * Brandon Siler, American football linebacker * Eugene Siler, American politician * Howard Siler, American bobsledder * Joseph Franklin Siler, U.S. Army physician and dengue researcher * Lester Eugene Siler, convicted drug dealer * Owen W. Siler, admiral in the United States Coast Guard * Ronald Siler, American amateur boxer * Todd Siler Todd Siler (born August 23, 1953) is an American multimedia artist, author, educator, and inventor, equally well known for his art and for his work in creativity research. A graduate of Bowdoin College, he became the first visual artist to be ..., American visual artist, author, educator and inventor See also * Sylar [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clear Statement Rule
In American law, the clear statement rule is a guideline for statutory construction, instructing courts to not interpret a statute in a way that will have particular consequences unless the statute makes unmistakably clear its intent to achieve that result. According to law professor William Popkin, such rules "insist that a particular result can be achieved only if the text…says so in no uncertain terms."Popkin, William. ''Statutes in Court: The History and Theory of Statutory Interpretation'' 73, 201 (1999). Protecting constitutional structure Clear statement rules are commonly applied in areas implicating the structural constitution, such as federalism, sovereign immunity, nondelegation, preemption, or federal spending with strings attached. This is especially true when there is a strong interest against implicit abridgment of traditional understandings. Sovereign immunity Congress can abrogate the states' sovereign immunity in some situations. However, it cannot do s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lisa A
Lisa or LISA may refer to: People People with the mononym * Lisa Lisa (born 1967), American actress and lead singer of the Cult Jam * Lisa (Japanese musician, born 1974), stylized "LISA", Japanese singer and producer * Lisa Komine (born 1978), Japanese singer formerly known as Lisa, stylized "lisa" * Lisa (South Korean singer) (born 1980), South Korean singer and musical theatre actress * LiSA (Japanese musician, born 1987), Japanese singer * Lisa (rapper) (born 1997), Thai rapper, member of K-pop group Blackpink * Lisa (French musician) (born 1997), French singer and actress People with the name *Lisa (given name), a feminine given name * Lisa (surname), a list of notable people with the surname Places Romania * Lisa, Brașov * Lisa, Teleorman * Lisa, a village in Schitu, Olt * Lisa River United States * Fort Lisa (Nebraska) (1812–1823), a trading post in the US * Fort Lisa (North Dakota) (1809-1812), a trading post in the US Elsewhere * Lisa, Ivanjica, a municipality i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
