It is also pushing Congress to amend the current major fraud statute to apply to any illegal transactions under the $700 billion Troubled Asset Relief Program, or TARP, and to the multibillion-dollar stimulus package.
He spoke harshly about Ravi's conduct — "mean-spirited, malicious and criminal" — but repeated his opinion, also mentioned at trial, that there was some muddle in the phrasing of New Jersey's bias laws, and he argued that the legislature cannot have meant the statute "to apply to this kind of behavior".
Derivative governmental immunity refers to the extension of a government's immunity from a statute to a non-government party on the basis the government would be affected if the statute was to apply to the other party.
I don't think the statute was written to apply to this case".
Because the statute was interpreted to apply only to physical goods, the court declined to "stretch or update statutory words of plain and ordinary meaning in order to better accommodate the digital age".
It's because the statute was not intended to apply to these situations," said Debora Kristensen, an attorney for Givens Pursley, a law firm that represented Cow Palace.
Although Justice Sotomayor joined his dissent as to the meaning of the statute, she did not join the portion of his opinion arguing that to apply the statute more broadly would offend the Second Amendment.
Nevertheless, the subjective test is only applicable in the context of the ISA, and the rule that an objective test applies to subjectively worded powers continues to apply where statutes other than the ISA are concerned.
Though a federal statute criminalized importing persons into the country for "labor or service of any kind," the Court found it absurd to apply the statute to pastors brought in to serve a church.
So "even though the intent [of the law] is there," she says, it's difficult to make 20th century statutes apply to 21st century corporations, which use "creative corporate structuring to evade the law's protections, so that you're back in an exploitative place that existed before the laws were written".
