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Statutory Default Rules: How to Interpret Unclear Legislation

Most new law is statutory law; that is, law enacted by legislators An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda.

These default rules explain many recent high-profile cases, including the Guantánamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.

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Emergency cerclage: benefits unclear; risks great. (Make Sure Patients are Informed).: An article from: Family Practice News
This digital document is an article from Family Practice News, published by International Medical News Group on November 15, 2002. The length of the article is 3992 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Emergency cerclage: benefits unclear; risks great. (Make Sure Patients are Informed).
Author: Michele G. Sullivan
Publication:Family Practice News (Magazine/Journal)
Date: November 15, 2002
Publisher: International Medical News Group
Volume: 32 Issue: 22 Page: 35(1)

Distributed by Thomson Gale.
Price: $5.95 [Notify me when price goes down.]


Religious land uses vex planners: implications of new federal law remain unclear while lawsuits mount.: An article from: California Planning & Development Report
This digital document is an article from California Planning & Development Report, published by California Planning & Development Report on May 1, 2002. The length of the article is 1362 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Religious land uses vex planners: implications of new federal law remain unclear while lawsuits mount.
Author: Paul Shigley
Publication:California Planning & Development Report (Newsletter)
Date: May 1, 2002
Publisher: California Planning & Development Report
Volume: 17 Issue: 5 Page: 1(2)

Distributed by Thomson Gale.
Price: $5.95 [Notify me when price goes down.]


Survey shows doctors unclear on TIA management. (Few Could I.D. Typical Symptoms).(transient ischemic attack): An article from: Family Practice News
This digital document is an article from Family Practice News, published by International Medical News Group on April 15, 2003. The length of the article is 709 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Survey shows doctors unclear on TIA management. (Few Could I.D. Typical Symptoms).(transient ischemic attack)
Author: Betsy Bates
Publication:Family Practice News (Magazine/Journal)
Date: April 15, 2003
Publisher: International Medical News Group
Volume: 33 Issue: 8 Page: 13(1)

Distributed by Thomson Gale.
Price: $5.95 [Notify me when price goes down.]


Try higher doses of terbinafine for treating tinea capitis in children. (How Much Higher Still Unclear).: An article from: Pediatric News
This digital document is an article from Pediatric News, published by International Medical News Group on February 1, 2003. The length of the article is 724 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Try higher doses of terbinafine for treating tinea capitis in children. (How Much Higher Still Unclear).
Author: Bruce Jancin
Publication:Pediatric News (Magazine/Journal)
Date: February 1, 2003
Publisher: International Medical News Group
Volume: 37 Issue: 2 Page: 38(1)

Distributed by Thomson Gale.
Price: $5.95 [Notify me when price goes down.]


Insulin pump gives more flexibility to diabetic children: ketoacidosis risk unclear. (Chidren's Health).: An article from: Family Practice News
This digital document is an article from Family Practice News, published by International Medical News Group on June 1, 2003. The length of the article is 443 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Insulin pump gives more flexibility to diabetic children: ketoacidosis risk unclear. (Chidren's Health).
Author: Heidi Splete
Publication:Family Practice News (Magazine/Journal)
Date: June 1, 2003
Publisher: International Medical News Group
Volume: 33 Issue: 11 Page: 46(1)

Distributed by Thomson Gale.
Price: $5.95 [Notify me when price goes down.]


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