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33 votes
Accepted

Can a trans man get an abortion in Texas where a woman can't?

Ever changing ordinary definitions do not change what the law makers meant The cited piece of law dates back to 1989. At that time, it was virtually inconceivable that "woman" could ...
Greendrake's user avatar
  • 27.2k
24 votes

Can a trans man get an abortion in Texas where a woman can't?

If we were to interpret this law as allowing some people to get an abortion but not others, it would likely be unconstitutional, as it would violate equal protection. When given a choice between ...
D M's user avatar
  • 7,213
12 votes

Can a trans man get an abortion in Texas where a woman can't?

No Under Texas court rules, "the masculine, feminine, or neuter gender shall each include the other" - woman means man and vice-versa.
Dale M's user avatar
  • 213k
10 votes

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

Caveat Keep in mind that words do not have uniform definitions for all times and places and contexts. Words can have different meanings in particular contexts and can be defined in a contract or ...
ohwilleke's user avatar
  • 221k
10 votes

Can a trans man get an abortion in Texas where a woman can't?

There is no general law defining "man" or "woman" in Texas law (a recent proposal to do so for school sports participation died), nor "male" / "female". The ...
user6726's user avatar
  • 215k
10 votes

On what day does a person turn "X years and 6 months" for the purpose of driver licensing in USA states?

1 March new-south-wales Under the Acts Interpretation Act, a year is 12 calendar months, so half a year is six calendar months. calendar month means a period commencing at the beginning of a day of ...
Dale M's user avatar
  • 213k
9 votes
Accepted

Would a tautological law have any effect?

"Any person who commits theft is guilty of theft" This is not tautological. "Any person who commits theft commits theft" or perhaps "Any person who commits theft is a thief&...
xngtng's user avatar
  • 6,128
9 votes
Accepted

On what day does a person turn "X years and 6 months" for the purpose of driver licensing in USA states?

They can get the permit on March 1 california First, note that there are two different rules that exist for when someone turns a certain age: The "common law rule", which holds that an age ...
Miles's user avatar
  • 256
7 votes

What is the exact meaning of this Article about loss of liability limitation?

Maritime law has a lot of weird rules, but the normal rule of statutory construction is that scienter requirements -- intent, knowledge, recklessness, etc. -- apply to everything that comes after them,...
bdb484's user avatar
  • 60.7k
6 votes

Is the United States federal income tax an indirect tax under the 5th amendment?

The legal question is whether a tax (state or federal) constitutes a "taking" for purposes of the 5th Amendment eminent domain clause. The Courts have always held that a generally applicable ...
ohwilleke's user avatar
  • 221k
6 votes

Can a trans man get an abortion in Texas where a woman can't?

This law concerns the licensing of abortion facilities. The only crime established under this definition of abortion is a misdemeanor, and the elements of the crime are: Except as provided by ...
phoog's user avatar
  • 37.9k
6 votes

What happens when there is a typo in a law? Specifically when it is not clear what the law refers to due to the typo

In the vast majority of countries (both common law and civil law), statutes are interpreted in a manner that reflects the intend of the drafters of the statute a.k.a. legislative intent, when it is ...
ohwilleke's user avatar
  • 221k
4 votes

Can a trans man get an abortion in Texas where a woman can't?

A person's biological sex is different than their chosen gender. Reference this article for a more complete understanding: https://www.medicalnewstoday.com/articles/232363 Since it may be fairly ...
Michael Hall's user avatar
  • 4,611
4 votes

Is the United States federal income tax an indirect tax under the 5th amendment?

The direct/indirect distinction is less important than the general/specific distinction. Common law courts like those in the United States rely on the "general–specific canon," a rule of ...
bdb484's user avatar
  • 60.7k
4 votes
Accepted

Meaning of "any"

The plain meaning of "any" is "all". That does not mean that that is how the word is interpreted under current US law: that can only be determined by inspecting the case law. In US v. Alabama 443 Fed. ...
user6726's user avatar
  • 215k
4 votes

What is the exact meaning of this Article about loss of liability limitation?

"Recklessly", which is an adverb, must modify a verb. It can only be sensibly construed as modifying "committed" – the action is committed recklessly. The clause "with the ...
user6726's user avatar
  • 215k
4 votes
Accepted

What is the difference between “by” and “under” an act?

"By or under" is redundant. It is a legal doublet. The Australian Capital Territory Parliamentary Counsel's Office's Words and Phrases Guide (at B-10 and at xiii) says to "never use&...
Jen's user avatar
  • 59.8k
3 votes

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

The phrase in question is clarifying that if the wall (excluding the support) is on one person's property, and the support crosses into another person's property, then it is not a party fence wall. ...
Steve Melnikoff's user avatar
3 votes

What happens when two conflicting laws both say "notwithstanding any other provision of law..."?

The latter law repeals the former law by implication.
guest271314's user avatar
3 votes
Accepted

Valid definition of "vagrant" per Washington state law

In Papachristou v. City of Jacksonville, SCOTUS found that a particular statute criminalizing being a vagrant was unconstitutionally vague. The court does not offer an alternative acceptable ...
user6726's user avatar
  • 215k
2 votes

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

I'm not quite sure what you're asking here. Officials serve until they are (1) replaced (which covers until after their successor has qualified) or (2) removed from office by legal (or inevitable ...
WBT's user avatar
  • 4,878
2 votes

What would this VA bill have done?

One consequence would be that rape or robbery of a pregnant woman which resulted in the death of the fetus (not the mother) would be first degree murder, since the death arises in the commission ...
user6726's user avatar
  • 215k
2 votes
Accepted

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

I suspect that the main problem here is that the translation is too literal and does not reflect the rules in the Indonesian language regarding when you imply an "and" v. an "or" when two clauses are ...
ohwilleke's user avatar
  • 221k
2 votes

What does "cause" mean in this law?

On proper English construction "would cause" means that the state after the event is different from the state before the event as a result of that event. This is a really, really badly drafted clause....
Dale M's user avatar
  • 213k
2 votes

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

A loose construction seeks to apply the law to carry out its intended purpose, which may be narrower than the literal language of the law if it is inartfully drafted. For example, suppose that a ...
ohwilleke's user avatar
  • 221k
2 votes

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

A loose constructionist could choose to interpret a law in a narrow manner even if the literal interpretation is more broad. An example would be interpretation of the second amendment of the United ...
Matt's user avatar
  • 605
2 votes

Would a tautological law have any effect?

Some German laws are written almost that way Section 211 (German) Murder under specific aggravating circumstances (Mord) (1) Whoever commits murder under the conditions of this provision incurs a ...
Trish's user avatar
  • 40.6k
2 votes

LawTech: How to systematically express Positivist-Law frameworks as control flow algorithm systems and automate statutary-construction analysis?

You can’t have complete mathematics; you have no chance of a complete legal system Godel’s incompleteness theorems tell us that mathematics has no complete, consistent and finite set of axioms that ...
Dale M's user avatar
  • 213k
2 votes
Accepted

Does a reference to a "person" encompass companies in UK primary or delegated legislation?

In statutory instruments and delegated legislation in the UK, the default definition of person "includes a body of persons corporate or unincorporate" (Interpretation Act 1978, Schedule 1; ...
Jen's user avatar
  • 59.8k

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