Under the Chevron doctrine, when a federal statute is ambiguous, courts are supposed to defer to the implementing agency's interpretation of the statute, provided the interpretation is reasonable. The ...
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 ...
Next Tuesday’s argument in Lockhart v. United States promises to be a prime-time event for statutory interpretation geeks. Indeed, one could tout this as “The Battle of the Canons” – the exchange 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 ...
NCLA Asks First Circuit to Reel in Rule Requiring Fishermen to Pay for Gov’t Monitors on Their Boats
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 ...
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 ...
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 ...
Under the Chevron doctrine, when a federal statute is ambiguous, courts are supposed to defer to the implementing agency’s interpretation of the statute, provided the interpretation is reasonable. The ...
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