But in dissenting, he wrote that the General Assembly intended for courts to construe the language of the indecent exposure statute expansivelya broad interpretation that "excludes the rule of lenity from our normal canons of statutory construction
." <br />"Here, however, the Majority's opinion takes a narrow view of the presence element of indecent exposure, and the 'could have seen had they looked' standard adopted by the Majority today is not an element of N.C.
No appellate court has interpreted the meaning of the RFPA's statutory phrase "access to." (75) To understand the meaning and scope of the phrase, it is first necessary to look at the RFPA's plain text, and then analyze the phrase using established canons of statutory construction
. Remedial legislation should be broadly construed, every word of a statute is to be given effect, the term "or" is to be interpreted as disjunctive, and the inclusion of one thing implies the exclusion of others (expressio unius).
The canons of statutory construction
defer to historical practice in at least three senses.
705(a) using the well-established canons of statutory construction
In 1950, Columbia Law Professor Karl Llewellyn offered a memorable answer to the second question, in what has been called "one of the most celebrated law review articles of all time." (2) The article famously challenged the view that the canons of statutory construction
provide neutral, predictable legal rules that lead courts to one "correct" reading of a statute.
1.83-3(c>(2) most likely referred to a termination for serious employee misconduct that is unlikely to occur, based on the history of the regulation and the canons of statutory construction
. The court explained that in the original proposed version of Regs.
(1) The bulk of the book is devoted to explaining seventy "[s]ound [p]rinciples of [i]nterpretation," (2) many of them complicated canons of statutory construction
. As such, the "treatise" (3)--as Scalia and Garner describe it--represents a valuable resource for anyone engaged in the work of statutory interpretation.
The Supreme Court has relied on "the Secretary's intent at the time of the regulation's promulgation," (78) canons of statutory construction
, (79) statutory language and purpose, (80) the consistency of the agency's interpretation over time, (81) the regulation's own procedural history, (82) and the consistency with the agency's statement of basis and purpose.
After providing a lengthy analysis of the FD&C Act's "structure and legislative history through the lens of several canons of statutory construction
so as to place the [Act's] treatment of traditional pharmacy compounding in its proper context," the court held, "in enacting the [Act] in 1938, Congress did not intend to give the FDA per se authority to enjoin the long-standing, widespread, state-regulated practice of pharmacists filling a veterinarian's prescription for a non food-producing animal by compounding from bulk substances." In so holding, the court pointed to "a significant problem with the FDA's position: the agency has never attempted to test its views concerning bulk compounding for non-food-producing animals by notice and comment review."
application of canons of statutory construction
is not governed by stare
role of normative canons of statutory construction
(22)--for example, an
(40) A court must interpret the federal criminal law's meaning to apply it against a defendant, but when a court considers it ambiguous, it may employ canons of statutory construction
to interpret the ambiguous law and may ultimately interpret the law in the defendant's favor absent any ability for clear interpretation.