SDrs can detect, track, and localize malicious ADrs to take preclusive reactions and/or combat them to reduce the number of casualties.
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While it's true that some mothers want to spend the newborn period with their babies, there are also preclusive financial factors at play.
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Satellites offer the prospect of preclusive defense against such missiles through control of access to space, and are key to (among other things) efficient operation of ground-based missile defenses.
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All of those decisions, Bouchard said, focused their due process analysis on whether plaintiffs in the second litigation were adequately represented in the case that resulted in the preclusive judgment.
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This morning she told the site, "I will fight Holly," and shrugged off any concerns that the physical and emotional effects of the restaurant incident might be preclusive: ""I am feeling good.
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It will be reviewed by Delaware courts under the so-called Unocal test, which looks to see whether the response is reasonable in relation to the threat posed and not preclusive or coercive.
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Recently, in a review of the Girard retrospective and symposium at Cranbrook Art Museum (which I fortuitously attended mere weeks before Exhibit Columbus), I grappled with a sense of colonialism in Girard's work, and a sense of Modernist design as preclusive to the real action of life, in general.
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Most of the briefing in the state and federal malpractices cases has been on procedural issues, with the two sides contesting both the proper forum for the claims and the preclusive effect of the state court's rulings in the banks' litigation over the fees they were due from CVR.
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"The Parties agree that because subsequent developments have obviated the need to resolve those issues in an appeal in this case, the District Court's holdings should not in any way control the resolution of the same or similar issues should they arise in other litigation between the Committee and the Executive Branch, and hereby waive any right to argue that the judgment of the District Court or any of the District Court's orders or opinions in this case have any preclusive effect in any other litigation," the settlement read.
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Preclusive Purchases: Politics and Economic Warfare in France During the First World War. Preclusive purchasing drives up the price by shifting the demand curve. Preclusive purchasing was used by the British during World War II to deny Nazi Germany access to wolframite from Spain.Gerhard Weinberg.
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However, if the decision is vacated, the preclusive effect of the judgment fails.
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Preclusive purchasing shifts the demand curve (D1 becomes D2), thus increasing price of the good for other potential purchasers, such as other belligerents. Preclusive purchasing, also called preclusive buying or preemptive buying, is an economic warfare tactic in which one belligerent in a conflict purchases matériel and operations from neutral countries not for domestic needs but to deprive their use for other belligerents. The tactic was proposed by France during World War I but never implemented.Majorie M. Farrar.
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Justice White filed a short concurring opinion. While agreeing with the Court's analysis and result, he opined that if the federal court had specifically held that federal maritime law required that the case be heard in Singapore, such a determination could have warranted preclusive effect.
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Mann (1979) 181 So strong is the evidence for forward defence under Diocletian that Luttwak himself struggles to avoid that conclusion. At one point, he describes it as "shallow defence-in-depth", a contradiction in terms.Luttwak (1976) 155 At another, he admits that Diocletian's policy was a "sustained attempt to provide a preclusive (i.e. forward) defence of the imperial territory".
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Semtek v. Lockheed Martin, 531 U.S. 497 (2001), is a United States Supreme Court case in which the Court held that the claim preclusive effect of a federal judgment on a claim over which subject matter jurisdiction is based solely on diversity is determined by the common law of the state in which the federal district court rendering the decision is located.
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125 S.Ct. at 1521-1522. This essentially had the effect of cabining the Rooker-Feldman doctrine and limiting its application, defining it as separate and distinct from both preclusion and abstention doctrine. Furthermore, Ginsburg went on to explain that parallel litigation in both state and federal courts does not automatically trigger Rooker-Feldman, and that federal courts must give state court judgments preclusive effect under the Full Faith and Credit Act, .
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Defence-in-depth is the term used by American political analyst Edward Luttwak (born 1942) to describe his theory of the defensive strategy employed by the Late Roman army in the third and fourth centuries AD. Luttwak's Grand Strategy of the Roman Empire (1976) launched the thesis that in the third and early fourth centuries, the Imperial Roman army's defence strategy mutated from "forward defence" (or "preclusive defence") during the Principate era (30 BC- AD 284) to "defence-in-depth" in the fourth century. "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. In contrast, "defence-in-depth" would not attempt to prevent incursions into Roman territory, but aimed to neutralise them on Roman soil - in effect turning border provinces into combat zones. Scholarly opinion generally accepts "forward-defence" as a valid description of the Roman Empire's defensive posture during the Principate.
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The district court dismissed the class action lawsuit. The case was subsequently appealed to the United States Court of Appeals for the Third Circuit. On August 10, 1988, the Third Circuit vacated the district court's dismissal of the class complaint and remanded the case to district court. 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.
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Parties may be estopped from litigating determinations on issues made in prior actions. The determination may be an issue of fact or an issue of law. Preclusion requires that the issue decided was decided as part of a valid final judgment. In the United States, 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.
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In Unocal, the Court held that a board of directors may only try to prevent a take-over where it can be shown that there was a threat to corporate policy and the defensive measure adopted was proportional and reasonable given the nature of the threat. 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).
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Via its Commercial Corporation, the US engaged in a preclusive buying programme under British direction of its materials, particularly the chromite ore. It also bought commodities, e.g., tobacco, it did not really need, and sent Turkey's armed forces modern equipment under Lend Lease to replace obsolete equipment, to help maintain her neutrality. In so doing the Allies sought to maintain British influence in Turkey, and when the Allies decided, at the Casablanca Conference in January 1943 to attempt to persuade Turkey to enter the war against Germany, Britain was assigned the role of negotiator.
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In an attempt to prevent the supply of this strategic mineral to Germany, the United States and the United Kingdom went on a spree of what was termed "preclusive buying," buying out Turkish chromite even if they did not need so much of it. As a part of the "package deal," the Anglo-Americans bought Turkish dried fruit and tobacco as well.Allied Relations and Negotiations With Turkey, US State Department, pp. 6-8 In August 1944, the Soviet Army entered Bulgaria and cut overland contact between Turkey and the Axis powers.
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The concept of economic warfare is most applicable to conflict between nation states, especially in times of total war, which involves not only the armed forces of an enemy nation, but also a mobilized war economy. In such a situation, damage to the enemy's economy is damage to its ability to fight a war. Scorched earth policies have often been applied to deny resources to an enemy. Policies and measures in economic warfare may include blockade, blacklisting, preclusive purchasing, rewards and the capturing or the control of enemy assets or supply lines.
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An incorrect conclusion of the court in the first suit does not cause defendant to forsake the protection of res judicata (and by extension, of CE). A judgment need not be correct to preclude further litigation; it is sufficient that it be final, and that it have been decided on the merits of the case. Collateral estoppel does not prevent an appeal of a decision, or a party from asking the judge for re-argument or a revised decision. In federal court, judgments on appeal are given preclusive effect.
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The forts could store sufficient supplies to enable the defenders to hold out for a few weeks, and to supply relieving troops. They could also act as bases from which defenders could make sorties against isolated groups of barbarians and to cooperate with relieving forces.Luttwak (1976) 132–4 The question arises as to why the 4th-century army needed forts with enhanced defensive features whereas the 2nd-century army apparently did not. 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 .
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HMS Starling during the Battle of the Atlantic. The Blockade of Germany (1939–1945), also known as the Economic War, was carried out during World War II by the United Kingdom and France in order to restrict the supplies of minerals, metals, food and textiles needed by Nazi Germany – and later Fascist Italy – in order to sustain their war efforts. The economic war consisted mainly of a naval blockade, which formed part of the wider Battle of the Atlantic, and included the preclusive buying of war materials from neutral countries to prevent their sale to the enemy. There were four distinct phases of the blockade.
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As the soldier profession is often not productive (prolonged periods of training with only occasional conflict), empires had long resorted to this principle of "military colonists." Thus, the late Roman empire adopted the system of limitanei (frontier-colonist-soldier) for economic reasons. By employing soldiers in this way, Rome was able to capitalize on their knowledge of warfare as well benefit from the agriculture produced by limitanei. Edward Luttwak, however, sees the change as due a strategic shift away from a firmly held frontier (preclusive defence) to a less firmly held frontier zone backed with mobile forces (defence-in-depth) as responsible for the change,Luttwak 1976, pp. 191-194.
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If he makes such a reservation, RJ would not bar him from returning the case to federal court at conclusion of action in state court.England v. Louisiana State Board of Medical Examiners, 375 U.S. 411 (1964) There is a declaratory judgment exception to RJ. “[A] declaratory action determines only what it actually decides and does not have a claim preclusive effect on other contentions that might have been advanced.” Therefore, “a plaintiff who has lost a declaratory judgment action may also bring a subsequent action for other relief, subject to the constraint of the determinations made in the declaratory action.” This exception has been adopted in Oregon, Texas, and a number of other U.S. states.
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The "mobile reserve" strategy, traditionally identified with Constantine I, saw a reversal of the traditional "forward" policy of strong frontier fortifications backed by legions stationed near likely zones of conflict. Instead, it is argued that the best troops were pulled back into a type of "mobile reserve" closer to the centre that could be deployed to trouble areas throughout the empire. 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. Some writers such as Luttwak condemn the old-style "forward" policy as indicating a "Maginot Line" mentality in the troubled latter centuries of the Empire.
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Edward Luttwak's Grand Strategy of the Roman Empire (1976) re-launched the thesis of Theodor Mommsen that in the 3rd and early 4th centuries, the empire's defence strategy mutated from "forward defence" (or "preclusive defence") in the Principate to "defence-in-depth" in the 4th century. According to Luttwak, the army of the Principate had relied on neutralising imminent barbarian incursions before they reached the imperial borders. This was achieved by stationing units (both legions and auxiliary regiments) right on the border and establishing and garrisoning strategic salients beyond the borders. The response to any threat would thus be a pincer movement into barbarian territory: large infantry and cavalry forces from the border bases would immediately cross the border to intercept the coalescing enemy army.Luttwak (1976) Fig.
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In December 1941 the United States joined the economic warfare system that the British had created and administered over the previous two years. The Board of Economic Warfare, (BEW) which evolved from the earlier Economic Defense Board, was created by President Roosevelt on 17 December 1941. Under the chairmanship of Vice President Henry Wallace, the new department was made responsible for the procurement and production of all imported materials necessary both to the war effort and the civilian economy. The Proclaimed List – a US equivalent to the British Statutory List – was compiled and, under British direction, the United States Commercial Corporation was formed to begin making preclusive purchases of strategic materials such as chromium, nickel and manganese to supply future Allied needs and to prevent them from reaching the Germans.
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During the last half of 1943 and the early months of 1944, the US 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. Despite the bombing, German industrial countermeasures and improvisations warded off any serious consequences, and an Allied agreement with Sweden in September 1943 to halt exports of ball bearings neglected to impose restrictions on exports of the high-quality steel used in their manufacture. This allowed Sweden to continue to provide Germany with ball-bearing steel, largely offsetting the drop in the Swedish export of finished ball bearings. After the tide of battle on the eastern front had irreversibly shifted following German defeats at El Alemein, Stalingrad and Kursk in the winter and summer of 1943, the Soviet Union, at the Moscow Conference of Foreign Ministers in October 1943, took the lead in suggesting a more active role for Sweden in the War, such as by allowing the establishment of Allied air bases in its territory.
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