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Blogs about: Statutory Interpretation

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"Statutory Interpretation in the Age of Grammatical Permissiveness: An Object Lesson for Teaching Why Grammar Matters"

Paul Lomio wrote 2 days ago: “Statutory Interpretation in the Age of Grammatical Permissiveness: An Object Lesson for Teach … more →

Tags: Grammar, Legal Research & Writing, legislation, Statutes, Serial comma rule, Susan J. Hankin

Levmore on Ambiguous Statutes

legalinformatics wrote 2 weeks ago: Dean Saul Levmore of the University of Chicago Law School has published Ambiguous Statutes. Here is … more →

Tags: articles and papers, Interpretation of legal language, Interpretation of statutes, Saul Levmore, Frank Easterbrook, Legislative intent in statutory interpretation, Ambiguity in statutory language, Ambiguity in legal language, Ambiguity in statutory interpretation

5th Circuit Applies Medellín, Finds State Law Preempted by Treaty

swiftpoint wrote 1 month ago: The 5th Circuit, sitting en banc, has held that a U.S. treaty, implemented through an act of Congres … more →

Tags: Federalism/Preemption, Treaties

Busy

ryanvenables wrote 1 month ago: Hey all… been a little busy over the last week or so. Completing a Statutory Interpretation as … more →

Tags: Law School, Cherniak Cup, Earl Cherniak, Lerners, Mossop, UWO, Western law

Batista & Cornock on How Difficulties Interpreting Data Protection Laws Inhibit Public Access to Government Information

legalinformatics wrote 2 months ago: Dr. Luciano Batista & Dr. Marc Cornock, both lecturers at The Open University Business School, h … more →

Tags: articles and papers, Research Findings, Legal information behavior, (E)government, Public access to government information, Empirical studies of legal information, Data Protection Law, Data protection information systems, Social science research methods in legal informatics

WA Legal Roundup: Division III

Walt Williams wrote 2 months ago:   State v. Ramos After reading the facts of this case, I really, really didn’t want to give thi … more →

Tags: Criminal Law, Division III, WA Court of Appeals, Judge Kevin M. Korsmo - Draft Majority, Judge Teresa C. Kulik - Concur in Majority, Judge Stephen M. Brown - Concu in Majority

Court-Watching: Johnson v. United States

Bidish J. Sarma wrote 3 months ago: I had the opportunity to sit in on the second oral argument that the Supreme Court heard this Tuesda … more →

Tags: Cases, News, Supreme Court, Sentencing, Johnson v. United States

A dead law

swiftpoint wrote 3 months ago: There are always dead laws on the books.  Here’s one, 22 USC § 262: The Executive shall not ex … more →

Tags: Separation of powers

Nuanced change comes to Washington

swiftpoint wrote 3 months ago: The New York Times reported on Tuesday that DoJ’s Office of Legal Counsel has advised Pres. Ob … more →

Tags: Separation of powers

Statutory interpretation: is “shall” mandatory or discretionary?2 comments

Charley Foster wrote 3 months ago: Of course, everyone’s first guess is, mandatory.  But, in his Legal Writing in Plain English, … more →

Tags: DanC, parole, shall

Yet another Hawaii standards of review compendium

Charley Foster wrote 4 months ago: This one comes to us from Sierra Club v. Dep’t of Transportation of Hawaii, No. 29035, slip op … more →

Tags: Attorney's Fees and Costs, Constitutional Questions, evidentiary rulings, Legislative Enactments, Mootness, Motion to Dissolve Injunction, Motion to Vacate, prevailing party, Standards of Review

Here's a statutory interpretation standard with a due process/equal protection twist

Charley Foster wrote 4 months ago: From Peroutka v. Cronin, 179 P.3d 1050, 1053 (Haw. 2008), in which Appellants Ralph Nader, et. al. u … more →

Tags: Due Process, Equal Protection, suspect categories, Fundamental Rights, Legislative Enactments

Statutory interpretation

Charley Foster wrote 4 months ago: Here’s some boilerplate case law analysis regarding statutory interpretation.  This example is … more →

Birthplace as "Israel" raises political question1 comment

swiftpoint wrote 5 months ago: Last week, the D.C. Circuit ruled that, despite a statute requiring it, the State Department could n … more →

Tags: Political Questions

Case Report - Ontario's top court affirms order granting compelled observation of surgery

Dan Michaluk wrote 6 months ago: Today, the Ontario Court of Appeal held that investigators appointed under the Ontario Health Profes … more →

Tags: Regulatory powers

Statute v. treaty, Part 21 comment

swiftpoint wrote 7 months ago: In a previous post, I posed the question, “To what extent does the Executive Branch’s interpre … more →

Tags: Treaties

Statute v. treaty: which interpretation controls?2 comments

swiftpoint wrote 7 months ago: To what extent does the Executive Branch’s interpretation of a treaty control its interpretation of … more →

Tags: Treaties

OPINION AND ORDER: State v. 13th Judicial District

scanner1 wrote 7 months ago: The Montana Supreme Court has issued an Opinion and Order in the following matter: OP 09-0168, 2009 … more →

Tags: Constitutional law, Opinion and Order, Vagueness, Writ of Supervisory Control, Failure to Remain

OPINION: Heth v. Mont. State Fund

scanner1 wrote 8 months ago: The Montana Supreme Court has issued an Opinion in the following matter: DA 08-0285, 2009 MT 149, MA … more →

Tags: Opinion, Workers Compensation, alcohal


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