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Questions tagged [statutory-construction]

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What is the precise number of black racial groups of Africa? [closed]

Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity; Notices Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Notices, Page 58789 at ...
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1answer
69 views

Party Wall Act - unclear interpretation of party fence wall definition?

I'm looking at sections 1(1)(b) and 20 of the Party Wall Act, and they just don't make sense to me, definitionally. Problem #1: s.20 seems to provide an impossible or meaningless definition s.20: “...
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2answers
504 views

How can Loose Constructionism befit narrower interpretations and judicial self-restraint?

Source: Richard A. Posner, How Judges Think (2008), p. 191 Bottom - 192 Top. p. 191   [2.] "Strict construction" can mean interpreting statutes (and other documents to which legal significance ...
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2k views

'Strict construction' vs. 'plain meaning' vs. 'textualism' vs 'originalism' vs 'original intent' [closed]

Wikipedia propounds 1. 'original intent'. The other 3 terms are from: Richard A. Posner, How Judges Think (2008), p. 191 Bottom - 192 Top. p. 191   My last example of traditional legal reasoning ...
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0answers
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Can “evidence of registration” be a “certificate of registration”?

8 CFR 264.1 states that a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport constitutes evidence of registration Does that mean that such a stamp also constitutes "...
2
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2answers
112 views

What would this VA bill have done?

Virginia's 2012 HB 1 sought to define personhood as beginning at conception: § 1. The life of each human being begins at conception. § 2. Unborn children have protectable interests in life, ...
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1answer
67 views

What the prosecutor need to proof to proof blasphemy case in Ahok case

Indonesian Christian governor are jailed for blasphemy https://www.nytimes.com/2017/05/09/world/asia/indonesia-governor-ahok-basuki-tjahaja-purnama-blasphemy-islam.html https://translate.google.com/...
1
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2answers
3k views

Meaning of the word “person” and “individual” under U.S. law

How does the U.S. define the word "person" in the statutory sense? I know the Dictionary Act defines it as an "individual" or a corporation, corporate body, but that leaves open the question, what is ...
4
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1answer
39 views

What does “cause” mean in this law?

A bill was introduced in the Iowa legislature which gives an instruction to the Board of Regents (which governs seven specific institutions). Relevant background information is that people registered ...
1
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1answer
129 views

Exceptions to Article VI's Supremacy Clause for private party contracts

We have an old (2005) contract template. It contains a sentence in a section referring to governing federal laws, Such [federal] laws and regulations shall take precedence over the substantive laws ...
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2answers
198 views

Meaning of “any”

If a law says that every member of a certain class of people must keep "any" of a list of documents that might be issued to them, does that mean that such people must keep all of those documents, if ...
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2answers
63 views

When do terms end when the statute specifies only that the official “shall” be chosen or elected each year/biennially etc?

I've got two officials I'm using as examples in particular. One is the Attorney General of the State of Maine. According to the Maine Constitution: The Attorney General shall be chosen biennially ...
5
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1answer
164 views

What happens when two conflicting laws both say “notwithstanding any other provision of law…”?

What happens when two conflicting laws both say "notwithstanding any other provision of law..."? Notwithstanding any other provision of law, you shall pay me all of your money. Notwithstanding any ...
1
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1answer
681 views

Authority vs Authorization, are they the same?

This may be more of a grammatical/english question, but is there likely to be any dispute that there is a difference between the two words? Compare: Eg.1 Words giving authority to a group authorize ...