Statutory interpretation

IBP. II. FORUM: In two separate cases, the employees of the packing plant sued Berber Foods and IBP in the United States Court of Appeals for the Ninth Circuit. III. STATUTE(S) INVOLVED IN THE CASE: the statutory of the Portal-to-portal act responded to what the congress considered an interpretation of compensable “work” under the FLSA. Petition 88(a) says that there is no mandatory compensation for “walking to and from the actual place of performance of the principal…

There is a long history of contaminated land in England, Its past industrial revolution which took place long before modern systems of environmental controls on process emissions and waste disposal were in place, has led to the current state of land contamination. This essay will discuss the provision of the current contaminated land regime, its interaction with other environmental cleanup groups in the UK, and its complications. It will further look at it in reference to the UK 's planning…

Despite the fact that the federal government and most states have adopted laws—with varying protections—providing employees with statutory means to challenge wage disparities based on sex, the wage gap persists. The rationale behind the nation’s newest pay equity laws in California, Massachusetts, and New York is certainly grounded in social justice and equity concerns that women, in many cases, earn less than men for performing the same work. However, these three laws were driven in large…

Hape that the presumption of conformity with international law is a well-established rule of statutory interpretation in Canada, and can only be rebutted by express legislative intent to violate a specified international obligation. The presumption applies to the case at bar because: 1) it concerns human rights violations that could potentially invite the…

There are currently five non-fatal offences against the person which are contained within two statutes, namely the Criminal Justice Act (CJA) 1988 and the Offences Against the Person’s Act (OAPA) 1861, as well as being developed within common law. Firstly the law is not codified under one piece of legislation. As the law of non-fatal offences against the person cannot be found within one statute – this makes the law unnecessarily complex. This complexity can be hard for the jury to understand…

constitutional interpretation and the variables within a specific case. When examining the role of…

and executive branch decisions and actions unconstitutional.” (Kagan p.22) The increase of judicial review is clearly seen in the Lochner Era. The Lochner Era was a “time from 1890 to 1937, in which the United States Supreme Court, using a broad interpretation of due process that protected economic rights...” (Cornell Law) Lochner v. NY sparked the beginning of an era where the Supreme Court exercised their power of judicial review and striking down…

RBA and its relevance to banking and finance lawyers RBA is a statutory authority and it is Australia’s central banking. RBA’s key role is monetary policy. The RBA explains monetary policy as the process of setting the interest rate on overnight loans in the money market. This is known as the “cash rate”. RBA further explains that the cash rate influences other interest rates in the economy (including the money-market rates and the key rates of banks and financial intermediaries such as…

In 1946 Gustav Radbruch wrote “Statutory Lawlessness and Supra-Statutory Law”, in which he accuses legal positivism of leaving the legal system of Germany defenceless to the unjust and criminal laws created by the Nazi regime. He basis his accusation on the grounds that legal positivism establishes an automatized legal system, weaponized legal positivism and ______. I believe Radbruch’s accusations are justified but limited as I believe that Radbruch to places too much blame on the judges…

from which the framers developed the Constitution. Sometimes referred to as judge made law, common law relies heavily on precedents established by a previous judge’s interpretation of a statute. Statutory law is law that is made by a deliberative or legislative body such as Congress. The state speed limit is an example of a statutory law. Administrative law is law that is created, enforced, and adjudicated by government agencies. For instance, many years ago I worked with the Occupational…