Statutory interpretation ≈ Statutory interpretation
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A Rights Turn in Climate Change Litigation? Open
In 2015, a Pakistani court in the case of Leghari v. Federation of Pakistan made history by accepting arguments that governmental failures to address climate change adequately violated petitioners’ rights. This case forms part of an emergi…
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Computer-Assisted Legal Linguistics: Corpus Analysis as a New Tool for Legal Studies Open
Law exists solely in and through language. Nonetheless, systematical empirical analysis of legal language has been rare. Yet, the tides are turning: After judges at various courts (including the US Supreme Court) have championed a method o…
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“Ideology” or “Situation Sense”? An Experimental Investigation of Motivated Reasoning and Professional Judgment Open
This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to overcome the two principal limitations on existing empirical studies that purport to find such an…
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Interpretation Before and After Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) Open
This article explores the background to the decision in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA), some of its conceptual content and its broader implications for future jurisprudence in regard to the i…
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Catala: a programming language for the law Open
Law at large underpins modern society, codifying and governing many aspects of citizens' daily lives. Oftentimes, law is subject to interpretation, debate and challenges throughout various courts and jurisdictions. But in some other areas,…
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The United Kingdom’s Coronavirus Act, deprivations of liberty, and the right to liberty and security of the person Open
In response to the SARS-CoV-2 coronavirus pandemic the UK government has passed the Coronavirus Act 2020 (CA). Among other things, this act extends existing statutory powers to impose restrictions of liberty for public health purposes. The…
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Localist Administrative Law Open
To read the voluminous literature on administrative law is to inhabit a world focused almost exclusively on federal agencies. This myopic view, however, ignores the wide array of administrative bodies that make and implement policy at the …
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The origins of judicial deference to executive interpretation Open
Judicial deference to executive statutory interpretation — a doctrine now commonly associated with the Supreme Court’s decision in Chevron v. Natural Resources Defense Council — is one of the central jurisprudential principles in modern Am…
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Statutory Interpretation Open
Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but al…
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Uniform Interpretation and Primacy of Union Law in the Dialogue of the Courts Open
The issue of uniform interpretation and primacy of Union law raises a fundamental question concerning the allocation and distribution of judicial power in the European Union. From the point of view of Union law practice, however, the discu…
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Rejecting Word Worship: An Integrative Approach to Judicial Construction of Insurance Policies Open
Litigation over insurance coverage is really a quest for meaning: Does the insurance policy cover the loss at issue? Construing the insurance policy, courts are attempting to give legal effect to what the document purports to command. But …
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The New Presumption Against Extraterritoriality Open
Canons of statutory interpretation are sometimes said to promote continuity and stability in the law. Yet it is widely acknowledged that canons themselves sometimes change. The presumption against extraterritoriality is a prime example. It…
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Extracting Case Law Sentences for Argumentation about the Meaning of Statutory Terms Open
Legal argumentation often centers on the interpretation and understanding of terminology.Statutory texts are known for a frequent use of vague terms that are difficult to understand.Arguments about the meaning of statutory terms are an ins…
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The Right to Strike and the "Deadweight" of the Common Law Open
The hostility of the common law in respect of collective action by workers in the form of strikes is notorious. To provide workers with a right to strike, legislative intervention is necessary. In New Zealand and Australia, legislative ena…
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PERLINDUNGAN EKSPRESI BUDAYA TRADISIONAL INDONESIA DALAM SISTEM YANG SUI GENERIS Open
This paper aims to analyze the importance of Indonesian traditional cultural expressions governed by sui generis. To obtain these objectives, this legal research uses statutory approach with a systematic interpretation. Based on the result…
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Employment Discrimination Law, Visions of Equality in Theory and Doctrine Open
This book is intended as an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. It is as much an introduction for experienced lawyers and scholars who come…
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A Right of Fair Dismissal: Enforcing a Statutory Guarantee Open
Support for the concept that employees should be protected against wrongful dismissal continues to grow in this country. Yet, many advocates of protection have thus far refrained from venturing into the legislative arena. Even though the m…
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<em>Chevron</em> in the Circuit Courts Open
This Article presents findings from the most comprehensive empirical study to date on how the federal courts of appeals have applied Chevrondeference— the doctrine under which courts defer to a federal agency’s reasonable interpretation of…
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Encoding legislation: a methodology for enhancing technical validation, legal alignment and interdisciplinarity Open
This article proposes an innovative methodology for enhancing the technical validation, legal alignment and interdisciplinarity of attempts to encode legislation. In the context of an experiment that examines how different legally trained …
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Administrative Law's Political Dynamics Open
Over thirty years ago, the Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. commanded courts to uphold federal agency interpretations of ambiguous statutes as long as those interpretations are reasonable. T…
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Statutory Domain and the Commercial Law of Intellectual Property Open
For more than a century, the commercial law of intellectual property has generated intense controversy with ever-growing stakes. The central fulcrum in the area -- the “first-sale” or “exhaustion” doctrine -- has produced four recent Supre…
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The Congressional Bureaucracy Open
Congress has a bureaucracy.This Article introduces the concept of the “congressional bureaucracy,” and theorizes what it means for Congress to have an internal workforce of more than 4,000 nonpartisan, highly specialized, and long-serving …
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THE LAW OF WORDS: STANDING, ENVIRONMENT, AND OTHER CONTESTED TERMS Open
Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs…
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The Limits of Statutory Interpretation: Towards Explicit Engagement, by the Supreme Court of Canada, with the Charter Right to Freedom of Expression in the Context of Copyright Open
In its post-2002 copyright jurisprudence, the Supreme Court of Canada has clarified that the Copyright Act grants a significant degree of latitude to non-copyright owning parties to express themselves using copyrighted works. This outcome …
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Data Protection by Design? A Critique of Article 25 of the GDPR Open
Europe’s General Data Protection Regulation (GDPR) took effect on May 25, 2018. Article 25, titled, “Data Protection by Design and by Default,” purports to incorporate the concept of “privacy by design” into European data protection law. T…
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Open Axiology in Judicial Interpretation of Law and Possible Misuse of Discretion Open
The subject of the article is to determine the extent to which the judicial interpretation of the law is affected by the use of an open axiology argument in the course of adjudication. Assuming that the use of open criteria is based primar…
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Ordinary Causation: A Study in Experimental Statutory Interpretation Open
In a series of recent split decisions interpreting criminal and tort-like legislation, the Supreme Court has purported to give statutory causation requirements their ordinary, plain meaning. Armed with dictionaries, examples from everyday …
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Optimizing Omnibus Law in Indonesia: A Legal Enquiry on the Use of Artificial Intelligence for Legislative Drafting Open
Omnibus law is often regarded as a practical solution to harmonize and synchronize statutory regulations. In practice, the application of this model tends to be pragmatic and less democratic. This paper aims to analyze the essential consid…
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The Affordable Care Act's Litigation Decade Open
The ACA is the most challenged statute in American history. The first constitutional challenges were filed moments after the law was enacted. Ten years later, the ACA is still under attack, with a collective total of seven Supreme Court ch…
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Converting copyright legislation into machine-executable code Open
A critical challenge in "Rules as Code"("RaC") initiatives is enhancing legal accuracy. In this paper, we present the preliminary results of a two-week, first of its kind experiment that aims to shed light on how different legally trained …