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The Canons Of Indian Treaty And Statutory Construction: A Proposal For Codification, Jill De La Hunt Apr 1984

The Canons Of Indian Treaty And Statutory Construction: A Proposal For Codification, Jill De La Hunt

University of Michigan Journal of Law Reform

This Note argues that the canons of construction should play a central role in the interpretation of Indian treaties and statutes. The Note proposes revitalization of the canons through congressional action codifying the rules of construction into federal law. Part I traces the historical development of the canons to further the federal-Indian trust relationship. Part II analyzes recent Supreme Court decisions that demonstrate decreased use of the canons. Part III argues that strong canons of construction are necessary to the development of self-determining Indian tribes and proposes federal legislation to ensure the continued vitality and importance of the canons of …


Section 558( C ) Of The Administrative Procedure Act: Provision For Informal Agency Hearings Prior To License Revocation Or Suspension, Joan P. Snyder Jan 1984

Section 558( C ) Of The Administrative Procedure Act: Provision For Informal Agency Hearings Prior To License Revocation Or Suspension, Joan P. Snyder

University of Michigan Journal of Law Reform

This Note argues that section 558(c) should be interpreted to require an agency to provide a hearing prior to license suspension or revocation. Part I argues that all courts that have adjudicated whether section 558(c) requires a hearing have misconstrued the statute by failing to consider the general policies served by the APA. Part II examines section 558(c) in light of the major policies of the APA, uniformity and fairness in administrative procedure. It argues that these policies are best served by an interpretation that requires a hearing prior to suspension or revocation of any federal license. It does, however, …


Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson Jan 1984

Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson Jan 1984

Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.