“May” for granting discretion
Mark Cooney - 'May' for Granting Discretion - Search eLibrary :: SSRN
This article discusses the advantages of using the word "may" to grant discretion in contracts, rules, and statutes.
“May” for granting discretion - State Bar of Michigan
But those same experts find common ground with may: it unmistakably grants discretion.2. Chief Justice Roberts said so just last June. The case, ...
“May” for granting discretion - State Bar of Michigan
MICHIGAN BAR JOURNAL | MAY 2023. 32. “May” for granting discretion. BY MARK COONEY. PLAIN LANGUAGE. “Plain Language,” edited by Joseph Kimble ...
In Drafting Contracts, the Grant of Discretion Usually Wins the Day
Adams, A Manual of Style for Contract Drafting 3.188 (ABA 4th ed. 2017) (“Discretion is primarily conveyed by means of may, which expresses ...
Legal Theory Lexicon: Discretion
The decision not to grant discretion may entail judicial review, which has costs and benefits. De Facto and De Jure Discretion. The question ...
Great Case on Whether Discretion is Limited
A grant of discretion ... But instead, the provision said that either party may file suit in California or the parties may agree to arbitrate.
8 A formal exercise of discretion to deny, rather than to grant, may be appropriate when the applicant has met the requirements of the application or petition, ...
The nature of discretion | Understanding Common Law Legislation
However it is also possible for a statutory discretion to relate only to two alternatives. If asked to give leave to appeal a judge may either grant leave or ...
Discretion Is Not (Chevron) Deference
... granted discretion. To be sure, even when Congress ... Moreover, while even “capacious[]” terms or phrases conveying broad discretion may ...
Understanding Loper: Delegation and Discretion
One trickier issue may involve grants of general rulemaking power. For instance, the Clean Air Act authorizes the EPA Administrator “to ...
Understanding Loper: Delegation & Discretion - Legal Planet
One trickier issue may involve grants of general rule-making power. For instance, the Clean Air Act authorizes the EPA Administrator “to ...
Immigration Judges May Deny TPS in Exercise of Discretion
Likewise, 8 CFR § 244.2 provides that an applicant “may in the discretion of the director be granted” TPS. The BIA also cited to an Eleventh ...
Discretion under CPR 3 may perfect claims made before grant of ...
Discretion under CPR 3 may perfect claims made before grant of administration issued (High Court). by Practical Law Private Client. Related Content. Published ...
“At Its Discretion” Used in Language of Discretion
Discretion is primarily conveyed by means of may, expressing permission. (See MSCD 3.52–53.) Using at its discretion in language of discretion ...
beginning of this section, a rule may grant discretionary power to administrative officers if the rule furnishes a reasonably clear policy or standard that ...
In the Discretion of the Holder - Lexology
... may not be challenged by the affected party based upon whether the ... However, the courts have held that the implied covenant of good faith and ...
discretion - Legal Dictionary | Law.com
Examples: a) a judge may have discretion as to the amount of a fine or whether to grant a continuance of a trial; b) a trustee or executor of an estate may ...
Extraordinary Writs--Discretion or Matter of Right
and prohibition "may" be granted, and that mandamus "must" be granted, when there is not a "plain, speedy, and adequate remedy, in the ordinary course of ...
→ Granting deferred action or parole. → Executing a final ... Who may grant Prosecutorial Discretion? Prosecutorial Discretion can ...
Musings on the Exercise of “Sole Discretion”
Our English colleagues may recognize this holding as having some resemblance to the so-called “Braganza” duty: “in the absence of very clear ...