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"Suitability" and "availability" in this context mean that a valid judgment can be obtained in the selected forum.
If Congress were willing to lavish as much time and effort on improving military justice for G.I.'s as it has on preventing the closing of Guantánamo and tying the president's hands in selecting a forum for 9/11 cases, it would give military personnel the same untrammeled access to the Supreme Court as the terrorist suspects.
He also said the president should be given flexibility in selecting the forum and circumstances -- such as a military tribunal or an administrative hearing -- in which the person designated an enemy combatant can confront the charges against him.
The Delaware Supreme Court reversed in a unanimous decision, affirming the validity of a corporation's interest in selecting Delaware as an exclusive forum for litigation, so that the corporation can obtain consistent rulings on issues of Delaware law, made by the Delaware courts, and can avoid duplicative derivative lawsuits.
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This site includes electronic versions of "feature articles" from selected back issues of ATF's journal (suspended in 2004), "Forum"; selected articles from other journals & conference presentations; plus related web links.
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The "no pay" provision applied to actions brought in courts outside those selected by the company in its forum selection bylaw.
The Court found instead that § 14 does not permit waiver of "the right to select the judicial forum" in favor of arbitration, id., at 435, 74 S.Ct., at 186, because "arbitration lacks the certainty of a suit at law under the Act to enforce the buyer's rights," id., at 432, 74 S.Ct., at 185.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com