The interpretation of statutes is so often decisive in cases of national importance, which touch all our lives. Specifically, I want to talk with you about how courts are relinquishing the power to ...
“The motion for a new trial shall be made promptly after the jury is discharged, or in the discretion of the court not later than 10 days thereafter.” Rule 59(b), SCRCP (emphasis added). Knowing the ...
The Supreme Court has had a number of major statutory interpretation cases in recent years. These include Yates (is a fish a "tangible object"?) and Bond (was a contaminated doorknob a use of ...
Pereira v. Sessions is not the immigration case that everyone will be watching this month, but it is definitely worth a glance. At first blush, this case looks like a hyper-technical and relatively ...
Zachary S. Price is an Associate Professor at UC Hastings College of the Law. One of Justice Antonin Scalia’s many contributions to Supreme Court jurisprudence was to revitalize the rule of lenity – ...
Under a doctrine established in the 1984 case Chevron v. Natural Resources Defense Council, courts defer to a federal agency's "permissible" or "reasonable" interpretation of an "ambiguous" statute.
In his Insurance Law column, Jonathan Dachs restates the "general, well-settled and widely known" rules for interpreting insurance policy provisions and uses case law to show how the courts are often ...
In a split decision, the U.S. Court of Appeals for the Fourth Circuit held an insurer's notice of cancellation of an insured's life insurance policy complied with a North Carolina statutory ...
The Magnuson-Stevens Fishery Conservation and Management Act (MSA) sets the rules for regulating America’s fisheries. It does not authorize NOAA to force fishmen to pay the salaries of government ...
The Department of Labor’s fiduciary rule will make it “more challenging than ever” for advisors and others to recommend rollovers in a non-fiduciary capacity, according to a lawyer, speaking during a ...