Sentences with phrase «statutory interpretation»

This is not surprising in view of applicable principles of statutory interpretation of human rights legislation.

The majority's analysis is a rich and deep exercise in statutory interpretation.

To be sure, this is probably an implicit goal of any class that focuses on statutory interpretation.

Instead they embarked on a much more straightforward statutory interpretation exercise.

You would never hear a lawyer make an explicit appeal to policy when submitting statutory interpretation arguments before courts.

There can therefore be no doubt that a proper application of the rules of statutory interpretation supports the majority's conclusion.

These are not simply principles of proper statutory interpretation; they are principles that govern a free and democratic society.

Make use of the opportunities to teach statutory interpretation (especially if you are do the rules first).

I am delighted to hear you are getting a chance to try your hand at statutory interpretation.

Though separated by just one day, the two cases represent the opposite poles of statutory interpretation despite clear statutory language in each case.

That said statutory interpretation and government practice both suggest that its most likely federal.

This semester, I am teaching a required first - year course that teaches principles of statutory interpretation within a specific topic, and for my topic I am teaching the consumer credit statutes.

As much as I want the court to be wrong, I think it is right here, at least on the narrow, literal statutory interpretation.

The opinion is interesting, at least if you are the kind of person who thinks statutory interpretation is interesting.

Why is a seemingly technical matter of statutory interpretation so significant?

Her decision is, for the most part, a straight up exercise in statutory interpretation.

It is aimed at junior and general practitioners, though more senior practitioners may find it to be a helpful refresher on statutory interpretation.

In fairness, my brief involved a fairly specific issue of state law and a related issue of statutory interpretation.

Pursuant to Harder and Sterling O & G International Corp v Director of Employment Standards Division (Man), 2012 MBCA 18 (CanLII), 275 ManR (2d) 280 (at para 19), the law is ``... essentially settled that a question of statutory interpretation by a tribunal of its own statute will be reviewed on the standard of reasonableness».

But I think the 2011 case needs to be understood in the framework of Scalia's outsize influence in statutory interpretation cases — and the fact that he often had five votes in such cases.

[A] huge amount of the law school curriculum — from tax to administrative law to corporations to criminal law — seems like it builds at least as much on statutory interpretation as on the common law.»

a) failed to interpret the Act in accordance with the modern principle of statutory interpretation which requires examination of what is necessarily implied by the words chosen in 1992 by the Yukon Legislature in light of the context, purpose, and intention of the Act and generally accepted principles of workers» compensation;

Provides advice and opinions to large institutional clients on a variety of matters including statutory interpretation and risk management

Victoria Nourse, Picking and Choosing Text: Lessons for Statutory Interpretation from the Philosophy of Language

The court held that «the preeminent canon of statutory interpretation requires [courts] to «presume that [the] legislature says in a statute what it means and means in a statute what it says there.»

Despite this, I am going to take us to the dissent written by Mr. Justice Cromwell, who has an administrative law background and explains in this case what statutory interpretation does.

It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgement is involved on the part of the initial decision - maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality.

As a matter of policy and sound statutory interpretation, patentees can not be allowed to «game» the system in this way.»

Tagged with: canons of construction Insurance Insurance Act insurance law intent legislative history motor vehicle accidents purposive purposive approach purposivism statutory interpretation textualism

The Second Circuit's opinion is also heavily influenced by statutory interpretation provided by, and policy considerations raised by, the SEC in its amicus brief, which the court of appeals solicited.

The Supreme Court of Canada conducted an exercise of statutory interpretation over the Occupier's Liability Act, which was created in 1980, in the 1991 case of Waldick v. Malcolm.

Another reason might be that there is something strange about a superior court deferring to statutory interpretation conducted by a Tenancy Dispute Officer on «first principles» and without the benefit of legal argument.

Professor Abbe R. Gluck of Yale Law School and Associate Dean Lisa Schultz Bressman of Vanderbilt Law School have posted Statutory Interpretation from the Inside — An Empirical Study of Congressional Drafting, Delegation and the Canons: Part I, forthcoming in... Continue reading →

Posner cited Kimble's article favorably when discussing statutory interpretation on page 101, note 31: see Joseph Kimble, «The Doctrine of the Last Antecedent, the Example in Barnhart, Why Both Are Weak, and How Textualism Postures,» 16 Scribes Journal of Legal Writing 5 (2014 - 2015).

However, considering traditional statutory interpretation in discerning Parliamentary intention was reluctant to go beyond the four corners of the document, the now ubiquitous use of Hansard to elucidate on such intention shows how far the court has and can move from tradition towards modernity.

The piece, which I will use as a teaching tool in my Legislation and Statutory Interpretation class, is meant to highlight the following:

After reviewing the merits briefs in O'Brien and Burgess (which are available here thanks to the ABA), my gut tells me that the Justices will be drawn to ruling for the defendants on statutory interpretation grounds, which will allow the Court to dodge all the tough constitutional questions that a ruling for the government could present.

And surely the fact of judicial review can not make a matter of statutory interpretation something of general significance, or every administrative decision that went to the Supreme Court would have to be reviewed on a correctness basis.

Lady Hale, Lord Sumption, Lord Reed, Lord Hodge and Lady Black unanimously dismissed the Advocate General's appeal, albeit on a different footing to the reasoning propounded by the Inner House on the important question of the correct statutory interpretation of s 4C of the 1981 Act.