© Copyright 2012, vLex. All Rights Reserved.
- Language
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
Canons of Construction
4 similar searches for Canons of Construction
2.631 documents for Canons of Construction
-
Congress can diminish a reservation. Because of this, courts must determine - using traditional Indian law canons of construction - whether Congress intended the surplus land act in question to shrink or terminate a reservation's boundaries, or whether Congress intended to leave the reservation intact. Demographic considerations have been used to support a string of decisions diminishing the very tribal sovereignty the Indian law canons of construction aim to protect. Only Congress has the authority to diminish a reservation's boundaries. In using modern demographics to interpret ambiguities in century-old congressional intent, courts are bending legal principles and rules to find diminishment where congressional intent is unclear. In continuing to use demographics to combat policy conc...
-
Over the past two decades, the canons of construction have experienced a remarkable revival in the courts and the legal academy. While the role of this interpretive resource has been heavily theorized, it has until now been underexplored from an empirical standpoint. Professors Brudney and Ditslear rely on empirical assessment and doctrinal analysis to uncover the Supreme Court's complex patterns of reliance on the canons during the Burger and Rehnquist Court eras. The authors' dataset consists of 632 Supreme Court decisions - every case decided by written opinion from 1969 to 2003 that directly addresses some aspect of the employment relationship. Brudney and Ditslear focus on whether the canons are favored across different time periods, in particular subject matter areas within the la...
-
... within the Bankruptcy Code, and applicable canons of statutory construction lead to this conclusion....
-
In 1941, Congress passed the Defense Base Act (DBA) to provide workers' compensation coverage to civilian workers employed overseas under U.S. government contracts or on U.S. military bases. Congress modeled the DBA after the Longshore and Harbor Workers' Compensation Act (Longshore Act),' modifying certain provisions to provide for accidents that occur overseas. In 1972, Congress amended the procedures governing review of claims under the Longshore Act. The amendments required workers to appeal claim-related decisions to a new administrative board and then to a U.S. court of appeals. Before the amendments, a worker's first appeal under the Longshore Act was to federal district court. Because the amendments failed to mention the DBA, the U.S. courts of appeals have disagreed over whethe...
... traditional tools of statutory construction to the DBA and the Longshore Act and concludes tha... text does not resolve the question, other canons of statutory construction, legislative history, an...
-
...'s use of the Charming Betsy canon of construction particularly persuasive16 and the legislative hist...3 Defendants used a number of common canons of statutory construction to demonstrate the meani...
-
While the court's holding bolstered the principle that the Tennessee Constitution does not mandate a uniform structure of county government, it did not adequately define the relationship between paragraphs one and three of article VII or fully explain what constitutes a qualification for holding office.8 This comment proceeds by first discussing the relevant Tennessee cases in which the Tennessee Supreme Court has employed the canons of statutory construction at issue in Bailey.9 Next, the comment addresses how the Tennessee courts have applied the 1978 amendments to article VII to county governmental powers.10 The comment also examines how the United States Supreme Court has addressed the specific issue of whether term limits are qualifications for holding office in the context of the ...
-
..., it is clear that the "other crime" construction follows a syntactical pattern found in three other... these claims follows well-recognized canons of constitutional interpretation. (16) Indeed, the...
-
... Under Massachusetts law, whose canons of construction. dictate the outcome, we must give...
-
... and grammar) and by legal facts (the canons of interpretation and construction that exist at t...
