Statutory Interpretation

Front 1

Textualism vs. Intent

Back 1

Sinclair: Easterbrook says statutes are not evidence of law.

Caminetti: If the meaning of a statute is plain on its face, then that is the end of interpretation. Only if it is found to be ambiguous can other things be looked at.

Front 2

Broadening Intent

Back 2

Baker: Giving jurors cigars.

Front 3

Optimism vs. Pessimism

Back 3

Posner: 2 step process (put self in shoes of the legislator and if not that then choose what would be most reasonable if judge were in the legislatures shoes.

Dimension Financial: That account lacks the reality of legislatures dealmaking process.

Front 4

Static vs. Evolving

Back 4

Frye: Women not qualified to be jurors

Richards: statute against harassing phone calls does not include faxes since the legislature couldn't contemplate them at that time.

Front 5

Beyond Intent

Back 5

Weber: The purpose of Title VII was the plight of black workers in the economy and, therefore, even though the bill doesn't say discriminate it is included.

Front 6

Dictionary Act

Back 6

Reid: vehicle does not mean mass transportation vehicle under the dictionary act.

Front 7

Whole Act Rule

Back 7

Sorenson

Front 8

Cannons

Back 8

Lewellyn says cannons have little use because there is usually an opposite cannon for each.

Front 9

Administrative Interpretation

Back 9

Chevron: 1) Whether the statute is ambiguous or an intentional gap has been left by Congress, 2) is the administration's interpretation reasonable or permissible?

Front 10

Rule of Lenity

Back 10

McBoyle: An airplane should not be considered a vehicle for the purposes of the statute.

Front 11

Broadening Intent

Back 11

Baker: Giving jurors cigars.

Front 12

Optimism vs. Pessimism

Back 12

Posner: 2 step process (put self in shoes of the legislator and if not that then choose what would be most reasonable if judge were in the legislatures shoes.

Dimension Financial: That account lacks the reality of legislatures dealmaking process.

Front 13

Static vs. Evolving

Back 13

Frye: Women not qualified to be jurors

Richards: statute against harassing phone calls does not include faxes since the legislature couldn't contemplate them at that time.

Front 14

Beyond Intent

Back 14

Weber: The purpose of Title VII was the plight of black workers in the economy and, therefore, even though the bill doesn't say discriminate it is included.

Front 15

Dictionary Act

Back 15

Reid: vehicle does not mean mass transportation vehicle under the dictionary act.

Front 16

Whole Act Rule

Back 16

Sorenson

Front 17

Cannons

Back 17

Lewellyn says cannons have little use because there is usually an opposite cannon for each.

Front 18

Administrative Interpretation

Back 18

Chevron: 1) Whether the statute is ambiguous or an intentional gap has been left by Congress, 2) is the administration's interpretation reasonable or permissible?

Front 19

Rule of Lenity

Back 19

McBoyle: An airplane should not be considered a vehicle for the purposes of the statute.

Front 20

Avoidance of Constitutional Issues

Back 20

fsd

Front 21

Implied Action

Back 21

gsad

Front 22

Severability

Back 22

fdjsak

Front 23

Retroactivty

Back 23

Landgraf: Retroactivity is not favored in the law due to inherent unfairness of not being aware of breaking the law and administrative rules will not be construed to have retroactive effect unless their language requires it.

Front 24

Effective Dates

Back 24

The Day Rule

Can be waived if an individuals rights may be effected by circumstances such as time of day.

Front 25

Adequate Notice

Back 25

Is due process violated?

Front 26

Stare Decisis

Back 26

Flood