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canons of construction law
2.449 documents for canons of construction law
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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...
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... , and deferred to the Secretary’s construction of the provision to allow the land to be taken int...119 (“The basic Indian law canons of construction require that treaties, agreements,...
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... evidence, petitioner's reliance on the canons of statutory construction ejusdem generis and n...
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... the word knowingly stems from both normal canons of statutory construction and analysis of decision...
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...In light of the canon of statutory construction that a statute should be interpreted so as not to ... statutory bog, would turn naturally to the canons of construction that have governed Indian-law ques...
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...(29) It is defined by eight canons that include the requirements that the rules must .... Norms and theory construction. We can distinguish the view that theory assessmen...
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...I A. Two rules of construction govern our interpretation of Indian surplus-land s...1 "The canons of construction applicable in Indian law are roote...
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... Under Massachusetts law, whose canons of construction. dictate the outcome, we must give...
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... The canons of construction applicable in Indian law are roote...
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... the Court's use of legislative history and canons of statutory construction in the somewhat ideologi...
