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Constitutional Law

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Cornell University Law School

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Judicial restraint

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Full-Text Articles in Law

Constitutional Avoidance In The Executive Branch, Trevor W. Morrison Oct 2006

Constitutional Avoidance In The Executive Branch, Trevor W. Morrison

Cornell Law Faculty Publications

When executive branch actors interpret statutes, should they use the same methods as the courts? This Article takes up the question by considering a rule frequently invoked by the courts-the canon of constitutional avoidance. In addition to being a cardinal principle of judicial statutory interpretation, the avoidance canon also appears regularly and prominently in the work of the executive branch. It has played a central role, for example, in some of the most hotly debated episodes of executive branch statutory interpretation in the "war on terror." Typically, executive invocations of avoidance are supported by citation to one or more Supreme …


The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts Jan 1970

The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.