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The question of a State's authority to pay less than its standard of need, however, has never been expressly decided.
The California Court of Appeal, relying upon a then-recent California Supreme Court decision that had expressly decided the issue, 6 affirmed the trial judge's ruling that Faretta had no federal or state constitutional right to represent himself.
Indeed, it expressly decided not to liberalise bulk mail overnight, accepting that this would be too painful for incumbents required to deliver a universal service.By exposing Consignia to competition so quickly, Postcomm runs the risk that it will further weaken an already shaky service by allowing a challenge from strong European competitors.
In the Lockwood case this Court refused to follow decisions of the Supreme Court of New York, the State where the carriage contract was made and where the accident occurred, but instead, since there was no controlling New York statute, expressly decided the point as one of 'general commercial law.' 17 Wall.
But, aside from this, the argument, when rightly considered, reduces itself to this: that the power to review a Federal question which has been expressly decided by a state court does not obtain where such court has also decided another Federal question.
In the cases of National Bank v. Matthews, 98 U. S. 621, and National Bank v. Whitney, 103 U. S. 99, this point is expressly decided against the contention of the defendant, and in the latter case it was also held that an objection to the taking by the bank of a mortgage lien as security for future advances could only be made by the United States.
Similar(53)
Further, although the Court declined to expressly decide whether a heightened standard for pleading falsity applied to the Legal Compliance Disclosures and other claims brought under Section 14(a) of the Exchange Act, it found that the stockholders failed to allege a claim under their "misleading opinion" theory.
The questions raised concerning the repugnancy of the tax to the Constitution of the United States were expressly considered and decided adversely to the steel company.
There we decided that Healthco's failure to obtain prior written consent to an assignment, as the lease expressly required, constituted a breach of the lease.
The Court expressly declined to decide whether the statute would be satisfied by a showing that the speaker knew there was a serious risk that the target would be put in fear (the "recklessness test").
[FN104] The Second Circuit expressly did not decide whether the actress's contributions of selection of facts, scenes, and characters to be included in the play satisfied the copyrightability standard enunciated by the court, because the playwright did not intend that the actress receive credit or co-own the play and, therefore, did not intend joint authorship.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com