A Dozen Canons of Statutory and Constitutional Text Construction
A Dozen Canons of Statutory and Constitutional Text Construction
A dozen canons of statutory and constitutional text construction by Bryan A. Garner and Antonin Scalia.
A Dozen Canons of Statutory and Constitutional Text Construction by Antonin Scalia and Bryan Garner. Supremacy-of-Text Principle. The words of a governing ...
CANONS OF CONSTRUCTION (adapted from Scalia & Garner)
Constitutional-Doubt Canon. A statute should be interpreted in a way that avoids placing its constitutionality in doubt. Avoidance Canon (sometimes used ...
Canons of Statutory Construction - United States Federal Law
Canons of statutory construction are general rules for construing text. The canons include linguistic canons that are based on grammatical rules and ...
Reconsidering Substantive Canons
There is a popular belief among statutory interpretation scholars that substantive canons of statutory construction—that is, policy-based background norms ...
Statutory Interpretation: Theories, Tools, and Trends - CRS Reports
For example, one substantive canon instructs that. Congress generally drafts statutes consistently with the Constitution, so that courts should ...
The Linguistic and Substantive Canons | Harvard Law Review
Indeed, Justice Barrett recently listed the canon as one that “counsels a court to strain statutory text.” But when a rule does not explicitly ...
Reference Canon - Supreme Court of the United States
2 Sutherland is a leading authority on statutory construction. See Antonin Scalia & Bryan Garner, Reading Law: The. Interpretation of Legal ...
SUBSTANTIVE CANONS AND FAITHFUL AGENCY
construction consistent with both the statute's text ... In any event, the explanation is as much a theory of constitutional as statutory interpretation.
The Canons of Constitutional Law
Academic and political debates about what texts are canonical in the liberal arts have been occurring for some time. In this Commentary, Professors Balkin ...
Legal Texts and Canons of Construction: A View from Current ...
The most general of all of these interpretive canons is the Plain Meaning rule which says: The meaning of a statute is to be understood as the ordinary (plain) ...
What is new about the book is its effort to set forth a collection of “valid canons” of statutory construction and to demonstrate that these valid canons will ...
Canons of Construction and the Elusive Quest for Neutral Reasoning
understanding of how to treat statutory text with deference to judicially perceived constitutional priorities, pre-enactment common law practices, or ...
Clashing Canons and the Contract Clause
statutory construction and text as the best evidence to ascertain in- tent ... Street: Statutory Interpretation and the Avoidance of Constitutional Issues, 1961 S ...
brief - Supreme Court of the United States
The Plain Text And Applicable Canons Of. Construction Dictate That “Using A Random. Or Sequential Number Generator” Modifies. Both “Store” And “ ...
statutory construction, followed by a number of specific canons. ... Statutes should be reasonably construed, if possible, to avoid a constitutional conflict.
Textualism in Alabama - The Federalist Society
Descriptive canons, as their name suggests, help judges (indeed, all readers) ascertain the most plausible meaning of a text by describing how ...
Five common canons of interpretations - Roetzel & Andress
2d Statutes 108–196 (2018). 1. The plain language controls—almost always. No canon is more important than this one: a legal text's plain language is the ...
Remarks on the Theory of Appellate Decision and the Rules or ...
CANONS OF CONSTRUCTION. Statutory interpretation still speaks a diplomatic ... INTERPRETATION OF LAWS § 73 (2d ed. 1911); SUTHERLAND, STATUTORY CONSTRUCTION.
The (Not So) Plain Meaning Rule | The University of Chicago Law ...
When should a court interpreting some statutory provision consider information besides the text—legislative history, surrounding provisions, ...