But I agree with them that courts should not pretermit
standing completely, which is what the one-plaintiff rule does.
For the small SARE debtors, it made sense for Congress to pretermit
the Chapter 11 process.
Going forward, the aggressive regime of judicial invalidation of state Internet regulations threatens to pretermit
this useful state experimentation in various contexts.
(171) Thus, while the characterization of a disputed issue as "substantive" will then give rise to extensive application of various choice-of-law approaches, its characterization as "procedural" will pretermit
inclination to pretermit
its own interpretive inquiry so that it might
Whether "facility" should be narrowly construed is ultimately a question of whether to pretermit
inquiry into which facilities may be characterized as "essential." Predictably, commentators who question the essential facilities doctrine wish to skirt the essentiality issue, because it is not easily cabined by fixed definitions.
The effect of this ruling was not merely to preclude money damages, but to pretermit
any federal constitutional scrutiny of official condemnation of identified individuals.
Dist., 419 F.2d 1211, 1219 (5th Cir.) ("We pretermit
a discussion of t validity per se of a plan based on testing except to hold that testing cannot be employed in any eve unitary schools systems have been established."), rev'd in part on other grounds, 396 U.S.