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That's completely susceptible of judicial interpretation, is it not?
Today's movement for "tort reform" would change that, but by legislation rather than judicial interpretation.
However, such a ruling would overturn a quarter-century of sound regulatory practice and judicial interpretation.
And, barring some judicial interpretation, that is likely to be where the situation rests.
In fact, arguments about the proper sources for judicial interpretation go back to the earliest days of the Supreme Court.
Yes, because it would be a legislative enactment as opposed to a judicial interpretation of an existing law.
Over time, however, judicial interpretation and the growth of provincial rights moved the country toward a more federal system.
It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice.
From that, respondents infer that these Congresses, by silence, have acquiesced in the judicial interpretation of § 10(b).
Rather, the Schnapper analysis again takes us back to the Lopez approach to judicial interpretation of the enumerated powers clauses.
It is merely a weak, judicial interpretation of the Fifth Amendment, he said, about whether an incriminating statement by a suspect can be admitted at trial.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com