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Clear Statement Rule
In American law, the clear statement rule is a guideline for statutory construction, instructing courts to not interpret a statute in a way that will have particular consequences unless the statute makes unmistakably clear its intent to achieve that result. According to law professor William Popkin, such rules "insist that a particular result can be achieved only if the text…says so in no uncertain terms."Popkin, William. ''Statutes in Court: The History and Theory of Statutory Interpretation'' 73, 201 (1999). Protecting constitutional structure Clear statement rules are commonly applied in areas implicating the structural constitution, such as federalism, sovereign immunity, nondelegation, preemption, or federal spending with strings attached. This is especially true when there is a strong interest against implicit abridgment of traditional understandings. Sovereign immunity Congress can abrogate the states' sovereign immunity in some situations. However, it cannot do s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gregory V
Gregory may refer to: People and fictional characters * Gregory (given name), including a list of people and fictional characters with the given name * Gregory (surname), a surname Places Australia * Gregory, Queensland, a town in the Shire of Burke **Electoral district of Gregory, Queensland, Australia * Gregory, Western Australia. United States *Gregory, South Dakota * Gregory, Tennessee *Gregory, Texas Outer space * Gregory (lunar crater) *Gregory (crater on Venus) Other uses * "Gregory" (''The Americans''), the third episode of the first season of the television series ''The Americans'' See also * Greg (other) * Greggory * Gregoire (other) * Gregor (other) * Gregores (other) * Gregorian (other) * Gregory County (other) * Gregory Highway, Queensland * Gregory National Park, Northern Territory * Gregory River in the Shire of Burke The Shire of Burke is a local government area in North West Queenslan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Talbot V
Talbot was an automobile marque introduced in 1902 by English-French company Clément-Talbot. The founders, Charles Chetwynd-Talbot, 20th Earl of Shrewsbury and Adolphe Clément-Bayard, reduced their financial interests in their Clément-Talbot business during the First World War. Soon after the end of the war, Clément-Talbot was brought into a combine named STD Motors. Shortly afterward, STD Motors' French products were renamed Talbot instead of Darracq. In the mid-1930s, with the collapse of STD Motors, Rootes bought the London Talbot factory and Antonio Lago bought the Paris Talbot factory, Lago producing vehicles under the marques Talbot and Talbot-Lago. Rootes renamed Clément-Talbot Sunbeam-Talbot in 1938, and stopped using the brand name Talbot in the mid-1950s. The Paris factory closed a few years later. Ownership of the marque came by a series of takeovers to Peugeot, which revived use of the Talbot name from 1978 until 1994. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charming Betsy Doctrine
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. In Engl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Marshall
John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longest serving justice in the history of the U.S. Supreme Court, and is widely regarded as one of the most influential justices ever to serve. Prior to joining the Court, Marshall served as the fourth U.S. Secretary of State under President John Adams. Marshall was born in Germantown in the Colony of Virginia in 1755. After the outbreak of the American Revolutionary War, he joined the Continental Army, serving in numerous battles. During the later stages of the war, he was admitted to the state bar and won election to the Virginia House of Delegates. Marshall favored the ratification of the U.S. Constitution, and he played a major role in Virginia's ratification of that document. At the request of President Adams, Marshall traveled to France i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extraterritorial Jurisdiction
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can claim ETJ over any external territory they wish. However, for the claim to be effective in the external territory (except by the exercise of force), it must be agreed either with the legal authority in the external territory, or with a legal authority that covers both territories. When unqualified, ETJ usually refers to such an agreed jurisdiction, or it will be called something like "claimed ETJ". The phrase may also refer to a country's laws extending beyond its boundaries in the sense that they may authorise the courts of that country to enforce their jurisdiction against parties appearing before them in with respect to acts they allegedly engaged in outside that country. This does not depend on the co-operation of other countries, since the affected people are within the relevant country (or at least, in a case involving a person being ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morrison V
Morrison may refer to: People * Morrison (surname), people with the Scottish surname Morrison * Morrison Heady (1829–1915), American poet * Morrison Mann MacBride (1877–1938), Canadian merchant Places in the United States * Morrison, Colorado * Morrison, Illinois * Morrison, Iowa * Morrison, Missouri * Morrison, Oklahoma * Morrison, Tennessee * Morrison, Wisconsin, a town ** Morrison (community), Wisconsin, an unincorporated community * Morrison County, Minnesota * Morrison Township, Aitkin County, Minnesota Other uses * Clan Morrison, a Scottish clan * Morrison Formation, a distinctive sequence of Upper Jurassic sedimentary rock in the western United States * Morrison Hall, a residential hall at the University of Hong Kong * Webb Horton House, now known as Morrison Hall * Morrison Lake (other) * ''Morrison'', a 19th-century American merchant ship of the Morrison Incident * USS ''Morrison'' (DD-560), a ''Fletcher''-class destroyer sunk in the Pacific in 1945 * ''Ver ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Post Facto Law
An ''ex post facto'' law (from ) is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may Criminalization, criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ''ex post facto'' law commonly called an amnesty law may decriminalize certain acts. (Alternatively, rather than redefining the relevant acts as non-criminal, it may simply prohibit prosecution; or it may enact that there is to be no punishment, but leave the underlying conviction technically unaltered.) A pardon has a similar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Dakota V
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tulane Law Review
The ''Tulane Law Review'', a publication of the Tulane University Law School, was founded in 1916, and is currently published five times annually. The Law Review has an international circulation and is one of few American law reviews carried by law libraries in the United Kingdom. History The Law Review was started as the Southern Law Quarterly by Rufus Carrollton Harris, the school's twelfth dean. Charles E. Dunbar, Jr., the civil service reformer who became a Tulane law professor, served on the board of advisory editors of ''Tulane Law Review'' from its inception until his death in 1959. A 1937 ''Time'' magazine about Rufus Harris describes the Tulane Law Review as "nationally famed." The Law Review was most recently cited by the United States Supreme Court on April 27, 2010. Membership Membership to the Tulane Law Review is conferred upon Tulane law students who have "outstanding scholastic records or demonstrated ability in legal research and writing." Specifically, memb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
