Scholars have long debated the separation of powers question of what "judicial power" federal courts have under Article III of the Constitution in the enterprise of interpreting federal statutes. This article argues that the question of how courts should interpret federal statutes is one not only of separation of powers but of federalism as well. State courts have a vital and often independent role in the American constitutional structure in interpreting federal statutes. This article describes the practice of state courts in interpreting federal statutes during the first few decades after ratification, explains why state judges may have felt constrained not to interpret federal statutes equitably, and suggests possible implications of this analysis for the question of how federal court...
This research examines the prosecutions of four noted libertarians: free love advocate Ezra Heywood; Dr. Edward Bond Foote, a well-known New York physician and medical publisher; two prominent free thought publishers, DeRobigne M. Bennett and Moses Harman; and the subsequent libertarian campaign for broad First Amendment protection for all citizens which ensued from their arrests and prosecutions. That individuals were putting forth a libertarian philosophy of free expression in the 1870s (albeit largely under the auspices of individual rights rather than the later interpretation of social benefits), demonstrates the formative period of modern First Amendment development occurred decades earlier than is often acknowledged. The research argues that these liberal thinkers, all too cogniza...
... conviction under federal obscenity statutes might have consigned Heywood to be little more tha...
Differing conditions control the extent to which parol evidence is harmonious with benefit maximizing contract law. Limitations on and exceptions to use of parol evidence enforce and coalesce with doctrines of contract law. The issue is broader than it appears on its face and includes questions of default rules, transaction costs, competence of the judiciary, and analogousness with use of legislative histories in the interpretation of statutes.
Appeal dismissed for lack of jurisdiction. Under R.C. 119.12, an administrative agency may bring an appeal from a decision of a court of common pleas on "questions of law relating to the constitutionality, construction or interpretation of statutes and rules of the agency." In this case, the common pleas court remanded the agency's decision based on its finding that the agency had violated the appellee's right to procedural due process. Although this decision was based on a question of law, it did not relate to the constitutionality, construction or interpretation of a statute or rule and, therefore, the agency lacked authority under the statute to bring the appeal.
... avoiding compliance with environmental statutes. 1. Policy Background. Calculating a violator's ec... be included in this module (with interpretations of positive responses in parentheses) are as follo...
CRIMINAL - search and seizure; motion to suppress; automobile stop; Lighted Lights and Illuminating Devices Required; R.C. 4513.03; interpretation of statutes; unconstitutionally vague; good faith exception to exclusionary rule
... issue,@ we must analyze the BIA=s interpretation of the statutes for reasonableness. Zheng, 422 F.3...
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