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Textualism
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as: intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.[1]Contents1 Definition 2 Methods 3 Australia 4 See also 5 References 6 Further readingDefinition[edit] The textualist will "look at the statutory structure and hear the words as they would sound in the mind of a skilled, objectively reasonable user of words."[2] The textualist thus does not give weight to legislative history materials when attempting to ascertain the meaning of a text
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Special
Special
Special
or specials may refer to:Contents1 Music 2 Film and television 3 Other uses 4 See alsoMusic[edit] Special
Special
(album), a 1992
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Layperson
A layperson (also layman or laywoman) is a person who is not qualified in a given profession and/or does not have specific knowledge of a certain subject. In religious organizations, the laity consists of all members who are not members of the clergy, usually including any non-ordained members of religious institutes, e.g. a nun or lay brother.[1][2] In Christian
Christian
cultures, the term lay priest was sometimes used in the past to refer to a secular priest, a diocesan priest who is not a member of a religious institute.[citation needed] The Church of Jesus Christ of Latter-day Saints uses the term "Lay Priesthood" to emphasise that local congregational leaders are unpaid
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Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution;[1] the status of a law, a procedure, or an act's accordance with the laws or guidelines set forth in the applicable constitution. When one of these (laws, procedures, or acts) directly violates the constitution, it is unconstitutional. All the rest are considered constitutional until challenged and declared otherwise.Contents1 Applicability 2 Examples of unconstitutional actions 3 Unconstitutional laws in the United States 4 References 5 See alsoApplicability[edit] An act (or statute) enacted as law either by a national legislature or by the legislature of a subordinate level of government (such as a state or province) may be declared unconstitutional. However, governments do not just create laws. Governments also enforce the laws set forth in the document defining the government—in the Constitution
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Bicameralism
A bicameral legislature divides the legislators into two separate assemblies, chambers, or houses. Bicameralism
Bicameralism
is distinguished from unicameralism, in which all members deliberate and vote as a single group, and from some legislatures that have three or more separate assemblies, chambers, or houses. As of 2015, fewer than half the world's national legislatures are bicameral.[1] Often, the members of the two chambers are elected or selected by different methods, which vary from country to country. This can often lead to the two chambers having very different compositions of members. Enactment of primary legislation often requires a concurrent majority – the approval of a majority of members in each of the chambers of the legislature. When this is the case, the legislature may be called an example of perfect bicameralism
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Presentment Clause
The Presentment Clause
Presentment Clause
(Article I, Section 7, Clauses 2 and 3) of the United States Constitution
United States Constitution
outlines federal legislative procedure by which bills originating in Congress become federal law in the United States.Contents1 Text 2 Summary 3 Veto issues3.1 Line-item veto 3.2 Legislative veto4 Exclusion of Sundays 5 National Archives 6 See also 7 ReferencesText[edit] The Presentment Clause, which is contained in Article I, Section 7, Clauses 2 and 3, provides:Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it
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Oxford English Dictionary
The Oxford
Oxford
English Dictionary (OED) is the main historical dictionary of the English language, published by the Oxford University
Oxford University
Press. It traces the historical development of the English language, providing a comprehensive resource to scholars and academic researchers, as well as describing usage in its many variations throughout the world.[2][3] The second edition came to 21,728 pages in 20 volumes, published in 1989. Work began on the dictionary in 1857, but it was not until 1884 that it began to be published in unbound fascicles as work continued on the project, under the name of A New English Dictionary on Historical Principles; Founded Mainly on the Materials Collected by The Philological Society
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Columbia Law Review
The Columbia Law Review is a law review edited and published by students at Columbia Law School. The journal publishes scholarly articles, essays, and student notes. It was established in 1901 by Joseph E. Corrigan and John M. Woolsey, who served as the review's first editor-in-chief and secretary. The Columbia Law Review is one of four law reviews that publishes the Bluebook.Contents1 Impact 2 Notable alumni 3 Past Editors-in-Chief 4 Notable articles 5 References 6 External linksImpact[edit] The Columbia Law Review ranked second for submissions and citations within the legal academic community, after the Harvard Law Review.[3] According to the Journal Citation Reports it has a 2009 impact factor of 3.610, ranking it third out of 116 journals in the category "Law".[4] Notable alumni[edit] Alumni of the Columbia Law Review include:United States Supreme Court JusticesWilliam O
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JSTOR
JSTOR
JSTOR
(/ˈdʒeɪstɔːr/ JAY-stor;[3] short for Journal Storage) is a digital library founded in 1995. Originally containing digitized back issues of academic journals, it now also includes books and primary sources, and current issues of journals.[4] It provides full-text searches of almost 2,000 journals.[5] As of 2013, more than 8,000 institutions in more than 160 countries had access to JSTOR;[5] most access is by subscription, but some older public domain content is freely available to anyone.[6] JSTOR's revenue was $69 million in 2014.[7]Contents1 History 2 Content 3 Access3.1 Aaron Swartz
Aaron Swartz
incident 3.2 Limitations 3.3 Increasing public access4 Use 5 See also 6 References 7 Further reading 8 External linksHistory[edit] William G
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Critics
A critic is a professional who communicates an assessment and an opinion of various forms of creative works such as art, literature, music, cinema, theater, fashion, architecture, and food. Critics may also take as their subject social or government policy. Critical judgments, whether derived from critical thinking or not, weigh up a range of factors, including an assessment of the extent to which the item under review achieves its purpose and its creator's intention and a knowledge of its context. They may also include a positive or negative personal response. Characteristics of a good critic are articulateness, preferably having the ability to use language with a high level of appeal and skill. Sympathy, sensitivity and insight are important too. Form, style and medium are all considered by the critic
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Tanner Lecture
The Tanner Lectures on Human Values is a multiversity lecture series in the humanities, founded in 1978, at Clare Hall, Cambridge University, by the American scholar Obert Clark Tanner.[1] In founding the lecture, he defined their purpose as follows:[2]I hope these lectures will contribute to the intellectual and moral life of mankind. I see them simply as a search for a better understanding of human behavior and human values
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Constitutional Avoidance
In United States constitutional law, the doctrine of constitutional avoidance dictates that a federal court should refuse to rule on a constitutional issue if the case can be resolved on a nonconstitutional basis. When a federal court is faced with a choice of ruling on a statutory, regulatory or constitutional basis, the Supreme Court
Court
has instructed the lower court to decide the federal constitutional issue only as a last resort: "The Court
Court
will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of." Ashwander v
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Warren E. Burger
Warren Earl Burger (September 17, 1907 – June 25, 1995) was the 15th Chief Justice of the United States, serving from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law in 1931. He helped secure the Minnesota
Minnesota
delegation's support for Dwight D. Eisenhower
Dwight D. Eisenhower
at the 1952 Republican National Convention. After Eisenhower won the 1952 presidential election, he appointed Burger to the position of Assistant Attorney General in charge of the Civil Division. In 1956, Eisenhower appointed Burger to the United States Court of Appeals for the District of Columbia Circuit. Burger served on this court until 1969 and became known as a critic of the Warren Court. In 1969, President
President
Richard Nixon
Richard Nixon
nominated Burger to succeed Chief Justice Earl Warren, and Burger won Senate confirmation
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Tennessee Valley Authority V. Hill
Tennessee Valley Authority
Tennessee Valley Authority
v. Hiram Hill et al., or TVA v. Hill, 437 U.S. 153 (1978),[1] was a United States Supreme Court case and the Court's first interpretation of the Endangered Species Act
Endangered Species Act
of 1973. After the discovery of the snail darter fish in the Little Tennessee River in August 1973, a lawsuit was filed alleging that the Tennessee Valley Authority (TVA)'s Tellico Dam
Tellico Dam
construction was in violation of the Endangered Species Act. Plaintiffs argued dam construction would destroy critical habitat and endanger the population of snail darters. It was decided by a 6-3 vote, in which the U.S. Supreme Court ruled in favor of Hill, et al
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United States V. X-Citement Video
United States v. X-Citement Video, Inc., 513 U.S. 64 (1994) was a federal criminal prosecution filed in the United States District Court for the Central District of California in Los Angeles
Los Angeles
against X-Citement Video and its owner Rubin Gottesman. The charge was trafficking in child pornography, specifically videos featuring the underaged Traci Lords. Gottesman had been sentenced to one year in jail and a $100,000 fine. The defense challenged the constitutionality of certain sections of the federal laws against child pornography, claiming they were unconstitutionally vague
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Majority Opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several concurring opinions may be written, none of which is the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie
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