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The law creates exceptions and allowances to plaster over this cleft between traditional copyright concepts and digitized works, yet problems in statutory interpretation arise because the Act has not been rewritten to account for a basic shift in the nature of copyrightable works.
It concluded that the fundamental problems of statutory interpretation and a lack of a credible distinction with Rust in Justice Kennedy's analysis renders the opinion "unconvincing".
But the three conservative dissenters accused the majority of "interpretive jiggery-pokery" and "somersaults of statutory interpretation" to fix a political, not legal, problem.
For the most part, federal courts do not appear to use Michigan statutory interpretation techniques when they interpret Michigan law.
This Note argues that a better approach would be for the federal courts to apply Erie to statutory interpretation and use state interpretation methods to interpret state statutes.
We are very excited about this year's problem which touches on criminal law, constitutional law, statutory interpretation, civil rights, and a host of other legal issues through a timely and unique fact pattern.
As treated by the Board and the courts below the problem presented by this case is one of statutory interpretation, whether or not Section 2, Ninth, gives discretion to the Board to split the crafts of a single carrier into smaller units so that the members of such units may choose representatives of employees.
It has long been an axiom of statutory interpretation that "where an otherwise acceptable construction of a statute would raise serious constitutional problems, the Court will construe the statute to avoid such problems unless such construction is plainly contrary to the intent of Congress". Edward J. DeBartolo Corp. v.
"The court regards its strained statutory interpretation as judicial modesty.
The dispute on the court was over statutory interpretation.
This case raises important questions of statutory interpretation, and constitutionality.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com