After a California judge or justice determines there is ambiguity in a state statute, they will turn to consideration of ...
Founded in 1852 as the American Law Register, the University of Pennsylvania Law Review is the nation's oldest law review. The Law Review has both a professional and an educational mission. It serves ...
The Court found that the Administration of Justice Act 1920 should be interpreted purposively rather than literally. The English Court of Appeal has considered for the first time whether the ...
ONE of the most familiar facts concerning our political system is the division of powers between the legislative, executive, and judicial branches of the government. Hardly less familiar is the ...
Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state. Depending on who you ask, the real “bad old days” at the Supreme Court were ...
[In 1957, Professor H.L.A. Hart of Oxford University gave a lecture at Harvard, subsequently published as "Positivism and the Separation of Law and Morals, 71 Harv. J. Rev. 593 (1958). In this talk, ...
Two recent decisions of the Tax Court involving the general anti-avoidance rule (GAAR), Univar Holdco Canada ULC v The Queen, 2016 TCC 159 [Univar] and Oxford Properties Group Inc v The Queen, 2016 ...
Similarly, Joseph Raz’s theory of authority posits that the law is an authoritative social institution, the de facto authority. However, he also opines that it is essential to law that it be held to ...
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