Where the ground involved is substantive, the determination of the federal question cannot affect the disposition if the state court decision on the state law question is allowed to stand.
McMurdo was also suggesting "at least by implication, that I may be biased in relation to the substantive merits of the determination of the application for my recusal for bias".
Petitioner reads the statute as if its text provided that all the substantive rules of decision by which a State makes its "final determination of any controversy or contest" must be set out in "laws enacted prior to the day fixed for the appointment of the electors".
We claim that private law's normative DNA is premised on a profound commitment to reciprocal respect to self-determination and substantive equality.
It seems either to presuppose that decisions will have unanimous support or it requires a number of substantive conditions on self-determination, which conditions do a lot of the work of generating obligations to democracy.
A determination that the substantive law of Pennsylvania governs this case does not settle the adequacy of Sunbeam's affirmative defenses, however, because it leaves open the question of whether an Illinois court would apply Illinois or Pennsylvania statutes of limitation to plaintiffs' claims.
For example, had the various diplomats negotiating the end of the cold war and the unification of Germany had to deal with public revelations of the disagreements, half-baked proposals and reckless language in their internal communications — like Margaret Thatcher's opposition to German unification versus Helmut Kohl's determination to achieve it — substantive talks would have been impossible.
This may have been influenced by different assessments of the propriety of making a "not credible" determination without having previously provided substantive and company-specific feedback and an opportunity to respond and correct the identified shortcomings.
Tobacco Co., 84 F.3d 744, 744 (5th Cir.1996) ("[A] court must understand the claims, defenses, relevant facts, and applicable substantive law in order to make a meaningful determination of the certification issues").; cf. WalMart Stores, Inc. v. Dukes, ___ U.S. ___, 131 S.Ct.
M. Nabil El-Khorazaty: MNE, as the P.I. of the DCC, made substantive contributions to the conception, planning, design, sample size determination, development of the instruments, development of the Data Management System DMSS), and conduct of the study.
