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Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was a landmark decision of the United States Supreme Court that set forth the legal test used when U.S. federal courts must defer to a government agency's interpretation of a law or statute. [1]
Larry Solum, Professor of Law at Georgetown University, expands on this premise: Some laws are meant for all citizens (e.g., criminal statutes) and some are meant only for specialists (e.g., some sections of the tax code). A text that means one thing in a legal context, might mean something else if it were in a technical manual or a novel.
A statute is presumed not to remove an individual's liberty, vested rights, or property. [3] A statute is presumed not to apply to the Crown. A statute is presumed not to empower a person to commit a criminal offence. A statute is presumed not to apply retrospectively (whereas the common law is "declaratory": Shaw v DPP). [4]
Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008), was a decision by the United States Supreme Court concerning whether federal law restricted the United States Navy's ability to use sonar during drills given the possibility of a harmful effect on marine mammals such as whales. [1] [2]
Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute. [8] Chevron treats Congressional silence or ambiguity in a statute as an implicit delegation of authority to the agency entrusted to implement the ...
The "void for vagueness" doctrine does not apply to private law (that is, laws that govern rights and obligations as between private parties), only to laws that govern rights and obligations vis-a-vis the government. [citation needed] The doctrine also requires that to qualify as constitutional, a law must: [2]
Trump thinks former Rep. Liz Cheney could face serious consequences after a House panel called for her to be investigated by the FBI for possible witness tampering during her handling of the ...
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States. [1] [2] The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. [3]