last resort rule造句

• The seventh rule poses an alternative to the directive of the last resort rule.
• Brandeis cited two examples in Ashwander of the " most varied application " of the last resort rule.
• The last resort rule allows judges to determine when widespread acceptance is at hand or when more simmering is necessary.
• In contrast to Pullman abstention, one branch of the adequate and independent state ground doctrine constitutes appropriate application of the last resort rule.
• The discretionary nature of the Court's decision limits the extent to which Siler serves as a primary basis for an absolute last resort rule.
• Thus, an evaluation of the proper scope of the last resort rule requires a determination of whether the qualifying phrase should be employed, or whether the rule should be viewed as an absolute.
• Because the Supreme Court may ultimately review state decisions denying relief under the federal Constitution based on parallel state constitutional grounds, the first branch of the doctrine is a more easily justified application of the last resort rule.
• This purely prudential formulation of the rule allows courts to dispense with the rule for " important reasons . " 1 Although Brandeis prefaced his avoidance doctrine discussion in Ashwander by casting the seven rules as prudential, his formulation of the last resort rule omits this " important reasons " qualification.
• Ackerman notes that Bickel's countermajoritarian difficulty " recalls the Old Court's long, and ultimately futile, judicial struggle against the New Deal . " By using the last resort rule frequently, the Court can live with a constitutional problem and let a solution simmer until widespread acceptance is at hand.
• The second application Brandeis furnished to demonstrate the last resort rule in Ashwander is the adequate and independent state ground doctrine : " Appeals [ to the United States Supreme Court ] from the highest court of a state challenging its decision of a question under the Federal Constitution are frequently dismissed because the judgment can be sustained on an independent state ground . " When reviewing judgments of state courts, the United States Supreme Court only reviews questions of federal law.