Statutory interpretation [electronic resource] : general principles and recent trends / Yule Kim.

Format:

Book

Author/Creator:

Kim, Yule.

Series:

Laws and legislation series.

Laws and legislation series

Language:

English

Subjects (All):

Law--United States--Interpretation and construction.

Law.

Law--Interpretation and construction.

Physical Description:

1 online resource (96 p.)

Edition:

1st ed.

Place of Publication:

New York : Nova Science Publishers, c2009.

Language Note:

English

Summary:

The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts." This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described.

Contents:

Intro

STATUTORY INTERPRETATION:GENERAL PRINCIPLES ANDRECENT TRENDS

STATUTORY INTERPRETATION: GENERAL PRINCIPLES AND RECENT TRENDS

CONTENTS

PREFACE*

STATUTORY TEXT

IN GENERAL -STATUTORY CONTEXT AND PURPOSE

CANONS OF CONSTRUCTION

IN GENERAL

ORDINARY AND SPECIALIZED MEANING

Terms of Art

Ordinary Meaning and Dictionary Definitions

And/Or

Definite/Indefinite Article

Shall/May

Singular/Plural

GENERAL, SPECIFIC, AND ASSOCIATED WORDS

GRAMMATICAL RULES, PUNCTUATION

STATUTORY LANGUAGE NOT TO BE CONSTRUED AS "MERESURPLUSAGE"

SAME PHRASING IN SAME OR RELATED STATUTES

DIFFERENT PHRASINGS IN SAME STATUTE

"CONGRESS KNOWS HOW TO SAY ... "

STATUTORY SILENCE

DE MINIMIS PRINCIPLE

OVERRIDING PRESUMPTIONS

DEPARTURE FROM COMMON LAW OR ESTABLISHEDINTERPRETATION

DISPLACING STATE LAW, IMPINGING ON STATEOPERATIONS

ABROGATION OF STATES' ELEVENTH AMENDMENTIMMUNITY

NATIONWIDE APPLICATION OF FEDERAL LAW

WAIVER OF SOVEREIGN IMMUNITY

NON-RETROACTIVITY / EFFECTIVE DATE

AVOIDANCE OF CONSTITUTIONAL ISSUES

EXTRATERRITORIAL APPLICATION DISFAVORED

JUDICIAL REVIEW OF ADMINISTRATIVE ACTION

DEFERENCE TO ADMINISTRATIVE INTERPRETATION

REPEALS BY IMPLICATION

Laws of the Same Session

Appropriations Laws

RULE OF LENITY

SCIENTER

REMEDIAL STATUTES

STATUTES BENEFITTING INDIAN TRIBES

MISCELLANY

TITLES OF ACTS OR SECTIONS

PREAMBLES ("WHEREAS CLAUSES")

FINDINGS AND PURPOSES SECTIONS

"SENSE OF CONGRESS" PROVISIONS

SAVINGS CLAUSES

"NOTWITHSTANDING ANY OTHER PROVISION OF LAW"

IMPLIED PRIVATE RIGHT OF ACTION

INCORPORATION BY REFERENCE

SEVERABILITY

DEADLINES FOR ADMINISTRATIVE ACTION

LEGISLATIVE HISTORY

PLAIN MEANING RULE

USES OF LEGISLATIVE HISTORY

POST-ENACTMENT OR "SUBSEQUENT"LEGISLATIVE HISTORY

Subsequent Legislation.

Reenactment

Acquiescence

"Isolated Statements"

SIGNING STATEMENTS

REFERENCES

INDEX.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

ISBN:

1-61324-094-5

OCLC:

704275144