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The mischief rule [1] is one of three rules of statutory interpretation traditionally applied by English courts, [2] the other two being the "plain meaning rule" (also known as the "literal rule") and the "golden rule". It is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to guide the ...
Heydon's Case (1584) 76 ER 637 is considered a landmark case: it was the first case to use what would come to be called the mischief rule of statutory interpretation.The mischief rule is more flexible than the golden or literal rule, in that the mischief rule requires judges to look over four tasks to ensure that gaps within the law are covered.
Among several provisions in the law is Title VII, which covers equal employment opportunities. Its key provision, codified at 42 U.S.C. § 2000e-2(a)(1) , states that it is illegal to discriminate "with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or ...
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It is often mentioned that common law statutes can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule. However, according to Francis Bennion , author of texts on statutory interpretation, [ 8 ] there are no such simple devices to elucidate complex statutes, "[i]nstead there are a thousand and one interpretative ...
The U.S. Department of Labor is proposing a rule that will eliminate the certificates that allow employers to pay some workers with disabilities less than the federal minimum wage, which stands at ...
The U.S. Department of Labor announced Tuesday that it has plans to phase out certificates that allow employers to give disabled workers subminimum wages. Under the current rule, certain employers ...
A "yes" vote will adopt Senate Bill 19 ("right-to-work"), passed by the general assembly in 2017. If adopted, Senate Bill 19 will amend Missouri law to prohibit, as a condition of employment, forced membership in a labor organization (union) or forced payments of dues or fees, in full or pro-rata ("fair-share"), to a union.