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searching for Constitutional avoidance 10 found (68 total)

alternate case: constitutional avoidance

Marbury v. Madison (5,755 words) [view diff] exact match in snippet view article find links to article

government. Today, American courts generally follow the principle of "constitutional avoidance": if a certain interpretation of a law raises constitutional problems

Zadvydas v. Davis (2,216 words) [view diff] case mismatch in snippet view article find links to article

Clark v. Martinez: Limited Statutory Construction Required by Constitutional Avoidance Offers Fragile Protection for Inadmissible Immigrants from Indefinite

Legality of the War on Drugs (901 words) [view diff] exact match in snippet view article find links to article

Amendments. As the Cooperative acknowledges, however, the canon of constitutional avoidance has no application in the absence of statutory ambiguity. Because

Jones v. United States (1999) (1,752 words) [view diff] exact match in snippet view article

interpretations, there was no need to invoke the principle of constitutional avoidance as the majority did. In any event, the constitutional rule the

Statutory interpretation (7,771 words) [view diff] exact match in snippet view article find links to article

Natural Resources Defense Council. Avoidance canon (canon of constitutional avoidance) If a statute is susceptible to more than one reasonable construction

Dorsey v. United States (758 words) [view diff] exact match in snippet view article find links to article

reason that the Court should not apply it themselves. "The canon of constitutional avoidance [has] no application here," Scalia argued, "[for] although many

Dennis Jacobs (3,393 words) [view diff] exact match in snippet view article find links to article

prosecutorial discretion. In 2010, the Supreme Court invoked the constitutional avoidance doctrine to narrow the scope of §1346 to cover only bribery and

Sony BMG Music Entertainment v. Tenenbaum (1,428 words) [view diff] exact match in snippet view article find links to article

for constitutional reasoning is erroneous. Courts must practice constitutional avoidance: the practice of first arguing or reasoning a point based upon

Jonathan F. Mitchell (1,936 words) [view diff] case mismatch in snippet view article find links to article

Rev. 1 (2011). Reconsidering Murdock: State-Law Reversals as Constitutional Avoidance, 77 U. Chi. L. Rev. 1335 (2010). Legislating Clear-Statement Regimes

Clark v. Martinez (1,504 words) [view diff] case mismatch in snippet view article find links to article

"Clark v. Martinez: Limited Statutory Construction Required by Constitutional Avoidance Offers Fragile Protection for Inadmissible Immigrants from Indeanite