As written, the Military Command Exception is disuniform
and injects an unnecessary and unacceptable degree of inconsistency and uncertainty into the MHS.
more likely disuniform
and unpredictable, reframing.
We would not suggest that entitlement to qualified immunity is the guaranteed product of disuniform
views of the law in the other federal, or state, courts, and the fact that a single judge, or even a group of judges, disagrees about the contours of a right does not automatically render the law unclear if we have been clear.
In making sales at these stores, as well as by phone and over the Internet, Barnes and Noble endures all of the costs associated with multiple, complex, and disuniform state sales and use tax laws; it faces the same economic burden attributable to these factors as Amazon.
The justification articulated by the Supreme Court--based on the costs associated with numerous taxing jurisdictions applying complex and disuniform tax laws--does not seem to withstand scrutiny.
By using the early modern term 'foul papers' in a uniform, technical sense to refer only to complete plays, Greg and Honigmann misrepresent its use in its own time when its reference was disuniform
But uniformity no longer seems a useful concept to anchor theories of nationalism when many major federal statutes give states frontline roles precisely because Congress desires disuniform
implementation of national law.
If state courts were understood as the primary fora for federal causes of action, with federal question jurisdiction created solely to address the problem of state courts' incompetent, hostile, or disuniform
interpretation of federal law, one might argue that Congress limited federal courts' power to create procedural common law by the twin aims.