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222, 233-34 (1913) (allowing review where the plaintiff who sought review arguably had a federal antitrust claim which may not have been litigable in state court, as well as a state law claim, to which the defendant successfully raised a copyright defense; and noting that a party who argued that a federal statute gives an immunity from a judgment against him can obtain review).
2264 from "not frivolous" to "reasonable basis" for both taxpayers and tax return preparers as improper in that it imposes higher standard than required of litigable position).
And is a difference between state and federal views of litigable issues likely to cause conflicts?
In practice, the application of these procedural rules to the prosecution of domestic violence cases often raises important litigable issues.
It is true that some state courts did not follow Shaw's dictum; while they agreed that individuals had no litigable interest of their own in "wrongs against the public," (93) they understood the law in their states to authorize individual citizens to seek mandamus on the public's behalf.
tend to make a litigable issue out of specific knowledge of the law at
These public corporations may well recognize that litigable uncertainties are difficult to eradicate totally from a corporation law system whose flexibility provides great freedom for private ordering.
Oliver North under the "Al Capone strategy' of prosecution, which holds that the best attack is the least political and most litigable one: tax evasion instead of bootlegging in Capone's case, accepting gratuities instead of usurping power in North's.
Although consumers of a professional service may not have enough financial incentive to bring a suit individually, they could use class action suits to aggregate damages to a litigable amount.
Part of this Article's project is to help judges, litigators, and voters understand that long lines at the polls are problems of constitutional dimension and that they are litigable.
Not infrequently, the parties to a business-to-business dispute have a larger relationship that they wish to preserve, notwithstanding the litigable controversy that divides them.