Introduction. II. Background on Civilian Methodology. A. What is "Civilian"?. B. The Domain of Interpretation. 1. Exegetical Method. a. Grammatical Interpretation. b. Logical Interpretation. c. Historical Interpretation. i. Legislative History and Preparatory Works. ii. Historical Sources of Legislation. 2. Teleological Method. 3. The Influence of Secondary Sources of Law. a. Jurisprudence. b. Doctrine. III. The Court's Analysis in Willis-Knighton. IV. Problems With the Willis-Knighton Approach. A. Why the Willis-Knighton Court's Analytical Approach, Though Civilian, Is Not the Only Civilian Approach, Despite an Implication That It Is, As Illustrated by the Court's Utilization of the Plain Meaning Rule. B. Why the Willis-Knighton Approach Should Not Be Favored. 1. Does Article 9 Mand...
Thousands of long-term legal permanent residents are removed from the US each year because they have been convicted of criminal offenses, many quite minor. These removals occur without any of the constitutional safeguards that generally protect criminal defendants. Immigration authorities rely on cases asserting that such removals are not punishment for crime, but rather remedial sanctions and merely collateral consequences of conviction. This article challenges those conclusions. It argues that their factual and doctrinal foundation has disintegrated over the last twenty years. Far-reaching changes in immigration law and enforcement have rendered removal for many crimes a definite, immediate and largely automatic effect on the range of the defendant's punishment -- that is, the direct ...
Lawsuits against mortgage lenders - Regulatory Affairs - Cover Story
The Exercise General Legal Considerations Observations From The Exercise Broad Legal Observations Concluding Thoughts
MOTION TO VACATE; LEGAL FICTION; UNTIMELY APPEAL; BOOTSTRAPPING.
Riles relates how John H. Wigmore, professor and Dean of the Northwestern Law School, fanned her interest in legal and literary fiction. Wigmore provided dozens of examples of legal fictions bundled together in the singular, and seemingly straightforward technical device of modern collateral. From this premise, she analyzes the difference between a legal fiction and a literary fiction, and examines the factors the makes legal fiction distinctively legal.
Supreme Court ruling empowers corporations The recent Supreme Court decision in Citizens United v. Federal Election Commission is a triumph for those reactionaries who are determined to grant corporations all of the rights and none of the responsibilities of human individuals. The legal fiction of corporate individuality is a convenient economic tool and has shown its power as a means of creating wealth for all people over the centuries. It has also shown its dark side, to borrow from "Star Wars" parlance. Corporations have no code of behavior except the mantra of big business: acquire as much as possible, give as little as possible. They will destroy the environment and kill humans, as is the case with tobacco companies that have long known their product is lethal.
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