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Simple English definitions for legal terms

Brandeis rules

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A quick definition of Brandeis rules:

Brandeis Rules: A set of principles used by the U.S. Supreme Court to decide constitutional questions only when necessary and to avoid them if the case can be decided on another issue. These rules were created by Justice Brandeis and include policies such as not deciding a constitutional question in a friendly suit, not creating a rule of constitutional law that is broader than necessary, and not ruling on the constitutionality of a statute unless the plaintiff is harmed by it. The court also should not rule on the constitutionality of an act of Congress without first analyzing whether it can be interpreted in a way that avoids the constitutional question.

A more thorough explanation:

Brandeis Rules, also known as Ashwander Rules, are a set of principles that guide the U.S. Supreme Court in deciding constitutional questions only when necessary and avoiding them if the case can be resolved on another issue.

The rules were outlined in Justice Brandeis's concurring opinion in Ashwander v. Tennessee Valley Authority, a 1936 case. The principles include:

  • Not deciding a constitutional question in a friendly suit
  • Not anticipating a question of constitutional law
  • Not creating a rule of constitutional law that is broader than necessary
  • Not deciding a constitutional issue if the case can be resolved on another ground
  • Not ruling on the constitutionality of a statute unless the plaintiff is harmed by the statute or has accepted its benefits
  • Not ruling on the constitutionality of an act of Congress without first analyzing whether it can be construed in a way that avoids the constitutional question

For example, if a person challenges a law that they have not been affected by, the court may not rule on the constitutionality of the law because the person has not been harmed by it. Similarly, if a case can be resolved on a non-constitutional issue, the court may avoid ruling on the constitutional question.

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I wrote Raytheon instead of RTX since its more recognizable
14:19
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14:20
@bonelesscannoli: swagalicious i will add the inc.
14:20
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@c0bra1: U work in retail?
14:21
im assuming he was an intern
14:24
@bonelesscannoli: no i interned also i hate this 15 message limit
14:25
howd you manage the internship? theyre super competitive
@c0bra1: I gotcha
14:31
@NemoPropheta: mine was on a chill team so i had a good time, but apple works like a bunch of little companies that report to the same ppl so its a little isolating if you're not in the same office/don't go out much. i didn't take RO to intern again
14:32
i applied cold and happened to team match well from something i did on a prior internship
@Sex-Drive: we have entirely different living standards if you think 60k is "hardly anything to live off of:"
i make around that in a hcol area and feel like im balling out while saving over 20% of my income
@Sex-Drive: Seconding what Windy's saying. I live in a LCOL and I'm fully able to support myself and my family on my paycheck alone. $60k in a HCOL while single was living check to check.
14:55
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not to be a boomer but i think people need to realize that you are supposed to be broke in your early 20s
oh no its dk again
What did they even post?
probably calling me an anti-hispanic slur
if I want to transfer to nyu is it better to go to washu or cardozo
(also why does nyu accept so many transfers from brooklyn lmao, what other t125 will let you transfer that high)
15:07
transferring is grades dependent so "better" is a little weird to define - a lot of ppl don't want to give up schollys/networks for ranking purposes. that being said im going to dozo and hoping for a nyu transfer lol
15:08
i think they take a lot from brooklyn just by the nature of being a nyc school. 3 out of 15 transfers out of cardozo went to nyu last year which is technically a good sign but you'd consider that the rate of ppl at washu wanting to move to nyc and pay sticker after a year is probably lower than the rate of ppl at nyc schools who want to
15:09
i dont really know how important it is to be median vs 75th of transfer gpa but id imagine keeping a B+/A- average is pretty hard in 1L and easier said than done
15:58
my bitches shaking ass with they hand out
NosyBeagle
16:49
did someone say shaking ass
16:55
im crashing out
im locking in
I'm locking [my daughter] in [the basement]
18:17
Im in the [spread] sheets locked [tf] in
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