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("State courts adjudicating civil RICO claims will... be guided by federal court interpretations of the relevant federal criminal statutes, just as federal courts sitting in diversity are guided by state court interpretations of state law").
If accepted, this rationale would effectively overturn an important part of the Clean Air Act as well as subsequent court interpretations of that act.
Under New York's Taylor Law, and court interpretations of that law, a public contract, including retiree health benefits, cannot be changed except by a subsequent negotiated agreement.
And we have resolved inconsistent court interpretations since 1966 by clarifying the factors we consider in deciding what is "feasible and prudent".
There is also no significant danger of inconsistent application of federal criminal law, since federal courts would not be bound by state court interpretations of predicate acts, since state courts would be guided by federal court interpretations of federal criminal law, and since any state court judgments misinterpreting federal criminal law would be subject to direct review by this Court.
State courts adjudicating civil RICO claims will, in addition, be guided by federal court interpretations of the relevant federal criminal statutes, just as federal courts sitting in diversity are guided by state court interpretations of state law, see, e.g., Commissioner v. Estate of Bosch, 387 U.S. 456, 465, 87 S.Ct.
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The Endangered Species Act (ESA) has been a source of litigation and subject to court interpretation during the past several decades.
The United States Supreme Court refused two years ago to review that state court interpretation.
A state court interpretation of § 2600(4) would not avoid of substantially modify the constitutional question presented here.
A state court interpretation of state law is final, but a decision relying on constitutional grounds is subject to Supreme Court review.
State requirements for legal documentation, court interpretation and the like act as a full-employment programme for competent Irish speakers and writers.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com