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In federal court, judgments on appeal are given preclusive effect.
However, if the decision is vacated, the preclusive effect of the judgment fails.
Preclusive purchasing drives up the price by shifting the demand curve out.
Furthermore, unless a human-life amendment were accompanied by preclusive Federal legislation, writing the criminal statutes would fall to the states.
At another, he admits that Diocletian's policy was a "sustained attempt to provide a preclusive (i.e. forward) defence of the imperial territory".
Via its Commercial Corporation, the US engaged in a preclusive buying programme under British direction of its materials, particularly the chromite ore.
An alternative explanation is that preclusive defence was still in effect but was not working as well as previously and barbarian raids were penetrating the empire more frequently.
"It will not be a perfect preclusive approach, but it will be pretty strong," said Representative Jim Leach, Republican of Iowa, a co-sponsor of the bill.
In doing this, the Third Circuit found that SSA's interpretation of "comparable severity" was too restrictive and preclusive of an individualized assessment of children's functional impairments.
Luttwak argues that defensible forts were an integral feature of a 4th-century defence-in-depth "grand strategy", while in the 2nd century "preclusive defence" rendered such forts unnecessary .
"Forward-" or "preclusive" defence aimed to neutralise external threats before they breached the Roman borders: the barbarian regions neighbouring the borders were envisaged as the theatres of operations.
However, the Court found it premature to rule on the preclusive effect of either Judge Robinson's or Judge Whyte's decisions, and that a stay of all proceedings would be appropriate.
Valid final judgments of state courts are given preclusive effect in other state and federal courts under the Full Faith and Credit Clause of the U.S. Constitution.
An apparent inconsistency between a jury's verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect the acquittals' preclusive force under the Double Jeopardy Clause.
Some scholars claim this was a positive development, (Luttwak, Delbruck, et al.) given growing difficulties with governing the vast empire, where political turmoil and severe financial difficulties had made the old preclusive security system untenable.
The theory of preclusion by "virtual representation" is disapproved; the preclusive effects of a judgment in a federal-question case decided by a federal court should instead be determined according to the established grounds for nonparty preclusion.
Ruben Rausing's in many ways preclusive mantra from the 1940s that a package should save more money than it costs has over the years resulted in a highly sustainable product that makes efficient use of all resources involved.
The Court noted that the legislation was bipartisan in nature, a compromise position designed to counter proposals to abolish the NEA and seemingly influenced by the Independent Commission's cautions regarding the use of independently preclusive criteria.
This requirement has become known as the Unocal test for board of directors (as later modified in Unitrin, Inc. v. American General Corp., which required the tactics to be "coercive" or "preclusive" before the court would step in).
According to Theodor Mommsen, the imperial Roman army relied on a "forward" or "preclusive" defence strategy, a view generally accepted by modern scholarship: cf. Edward Luttwak's Grand Strategy of the Roman Army (1977).
In an attempt to prevent the supply of this strategic mineral to Germany, the United States and Britain went on a spree of what was termed "preclusive buying," buying out Turkish chromite even if they did not need so much of it.
While mainly consisting of a naval blockade, the economic war, which formed part of the wider Battle of the Atlantic also included the preclusive buying of war materials from neutral countries to prevent them going to the enemy, and the widespread use of strategic bombing.
Preclusive purchasing (also known as Preclusive buying and Preemptive buying) is an economic warfare tactic where one belligerent in a conflict purchases matériel and operations from neutral countries not for domestic needs, but in order to deprive other belligerents their use.
During the last half of 1943 and the early months of 1944, the United States sought to cripple Germany's ability to continue the war by carrying out a concentrated and costly bombing campaign against ball-bearing production in Germany combined with trade negotiations, including preclusive purchasing arrangements, intended to cut off Swedish ball-bearings to Germany.