This appeal raised two issues: first, whether a defendant forfeits a challenge to the sufficiency of the evidence that is based on a
statutory interpretation argument when he fails to raise it in the District Court, and second, how to apply the intent element in subdivision 1(a) of Minnesota's criminal interference-with-privacy statute, Minn.
Their topics include rules: an overview of
statutory interpretation and synthesis, the process of legal writing, the appellate process and standard of review, alternative dispute resolution, and the last critical task: the "white-glove inspection." (Ringgold, Inc., Portland, OR)
This Article examines the methods of
statutory interpretation used by the lower federal courts, especially the federal district courts, and compares those methods to the practices of the U.S.
determine what tools of
statutory interpretation courts were employing
But like any other mode of
statutory interpretation, New Textualism has advantages and disadvantages.
'The powers of judicial review and of constitutional or
statutory interpretation are pivotal constituents of the civil court's power under Article 121 (1).
"How clear is clear?" (1) This question has often been asked regarding Step One of the Chevron doctrine, but its relevance is not limited to
statutory interpretation in the administrative state.
The generic codifier's canon should be--and arguably already has been (18)--added to the Supreme Court's litany of canons of
statutory interpretation. The canons of
statutory interpretation are "formal presumptions or rules about statutory meaning." (19) The generic codifier's canon should be recognized as such a rule because doing so would avoid inaccurate interpretations based on artifacts of the codification process--an error that does, in fact, occur in the federal courts.
Supreme Court engage in holistic
statutory interpretation. (12) If the court can determine at the outset that the statutory provision is unambiguous on its face, the highest court will ordinarily rule by strict analysis and avoid concepts of equity or other concerns.
I have chosen the title for this lecture to be '
Statutory Interpretation: Mostly Common Sense?' I emphasise the word 'mostly, as there do exist some 'rules' of construction introduced by legislation itself (although it could be argued these too are based on common sense).
Specifically, the Court's decision making on certiorari varies depending on whether the Court expects to focus on
statutory interpretation, constitutional questions, or interactions between the Bankruptcy Code and other law.