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Articles 1 - 6 of 6
Full-Text Articles in Law
Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy
Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy
Law Faculty Scholarly Articles
Interpretive methodology lies at the core of the Supreme Court's persistent modern debate about statutory interpretation. Supreme Court Justices have applied two fundamentally different methods of interpretation. One is the formalist method, which seeks to promote rule-of-law values and purports to constrain the discretion of judges by limiting them to the autonomous legal text. The second is the nonformalist or antiformalist method, which may consider the legislature's intent or purpose or other evidence as context for understanding the statutory text. The debate within the current Court is commonly framed and advanced by Justices Stevens and Scalia. Justice Scalia is now …
Is There No Simple Battery Under Illinois Law?, Azhar J. Minhas
Is There No Simple Battery Under Illinois Law?, Azhar J. Minhas
Northern Illinois University Law Review
This piece argues that judicial interpretation of 720 ILCS 5/12-4(b)(8) (1997) of the Illinois Criminal Code, the statute which enhances simple battery to aggravated battery, has opened the door for the abuse of prosecutorial discretion in applying the statute and has led the courts away from its true legislative intent. Specifically, the application of the statute has been overbroad and courts' interpretations of the legislative intent have been far-reaching. Through statutory analysis and the consideration of case law, the author explores the judicial expansion of section (b)(8) and argues for words of limitation in the statute that will help to …
Remanding To Congress: The Supreme Court's New ʺOn The Recordʺ Constitutional Review Of Federal Statutes, A. Christopher Bryant, Timothy J. Simeone
Remanding To Congress: The Supreme Court's New ʺOn The Recordʺ Constitutional Review Of Federal Statutes, A. Christopher Bryant, Timothy J. Simeone
Faculty Articles and Other Publications
In recent years, the fate of federal statutes has increasingly turned on the contents of their formal legislative records. The Supreme Court has shown a new willingness to find statutes unconstitutional because their legislative records do not support the factual judgments that justify congressional action. In this Article, Professors Bryant and Simeone trace the development of the trend toward increased judicial scrutiny of legislative records in recent Supreme Court rulings on the constitutionality of federal statutes. They then critique the Court's new approach, arguing that it is not only inconsistent with precedent, but also fundamentally ill advised, most importantly because …
The Tension Between The Need And Exploitation Of Migrant Workers: Using Msawpa's Legislative Intent To Find A Balanced Remedy, Mark J. Russo
The Tension Between The Need And Exploitation Of Migrant Workers: Using Msawpa's Legislative Intent To Find A Balanced Remedy, Mark J. Russo
Michigan Journal of Race and Law
This Comment concludes that the recent Maine federal district cases represent an irreconcilable spike in a national and international trend to afford more protection to a vulnerable class whose resources are the object of urgent demand. However, the search for a proper remedial weight in the balance between migrant worker protection and the provision of competitive farm labor is not a new problem.
A New Approach To Statutory Interpretation In Washington, Philip A. Talmadge
A New Approach To Statutory Interpretation In Washington, Philip A. Talmadge
Seattle University Law Review
In this article, I will first explore Washington's existing law, both statutory and judicial, on statutory interpretation. I will then evaluate the mechanisms for construing statutes derived from common law and legislative sources. Finally, I will recommend a new paradigm for statutory construction so that legislative intent may be more accurately conveyed to the courts, abandoning many of the time-encrusted canons in favor of principles of interpretation adhering more specifically to the legislature's actual statutory language.
Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children?, Susan H. Bitensky
Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children?, Susan H. Bitensky
Oklahoma Law Review
No abstract provided.