Waving Goodbye to Non-Waivability: The Case for Permitting Waiver of Statutory Subject-Matter Jurisdiction Defects
In: 45 McGeorge L. Rev. 635 (2014)
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In: 45 McGeorge L. Rev. 635 (2014)
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This book gives an overview of the field of statutory interpretation for the law student. It examines the subject through questions that help show how Legislation is crafted. Part of the University Casebook Series, it features expertly edited cases, text and questions for classroom discussion. ; https://scholarship.law.columbia.edu/books/1223/thumbnail.jpg
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This chapter describes the sources of law created by the legislative branch of the Commonwealth of Virginia. The materials include the laws enacted by the Virginia General Assembly, the publications in which those laws are found, and the resources available to assist in interpreting the legislative enactments. The cardinal rule in Virginia statutory construction is that the statute expresses the intention of the lawmakers. Therefore, it falls upon the courts to ascertain the General Assembly's intent where that intent becomes important in the application of statutory materials. When researching Virginia statutes, certain principles of interpretation and application must be kept in mind. The courts may not alter or correct a statute and are not permitted to apply the rules of construction where no ambiguity exists in the statute's language. Nor should the courts be concerned with the motives or wisdom of the legislation. Working from these principles, the courts have formulated rules of construction to resolve ambiguities that genuinely exist in a statute or that arise because of a conflict between different statutes. A discussion of these critical rules is beyond the scope of this book.
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In: http://hdl.handle.net/2027/umn.31951d00606777s
Mode of access: Internet. ; Title varies: 1890-1947, Statutory rules and orders; 1948-51, Statutory instruments other than those of a local, personal or temporary character.
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In: UCLA Law Review, Band 57, Heft 553
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In: International law reports, Band 56, S. 65-222
ISSN: 2633-707X
International law in general — Nature and binding force — Concept of equity — Whether a matter of abstract justice or of a rule of law requiring application of equitable principles — Nature of duty to negotiate towards equitable settlementState territory — Parts of State territory — Territorial waters Breadth and delimitation of the maritime belt — Whether determined by international law — Fishing limits — Whether international law restricts fishing limits to twelve miles from coastState territory — Parts of State territory — Territorial waters — Fisheries — Exclusive fishing zone — Whether extent prescribed by international law — Whether limited to twelve miles from coast — Preferential rights of coastal State beyond territorial watersState territory — Parts of State territory — Continental shelf Rights of State over waters above its continental shelf — Fisheries — Development of concept of sovereignty over continental shelf — Effect on changing law of the seaState territory — Parts of State territory — State servitudes ' Fishing rights in high seas — Preferential rights of coastal State in adjacent waters — Historic rights of other StatesJurisdiction — High seas — Conception of the high seas and freedom of the sea — Theory of absolute freedom of the high seas — Qualifications thereof — Fisheries — Duty to have regard for interests of oilier States — Preferential rights of coastal State in adjacent waters — Historic rights of other StatesState responsibility — Damages — Award of damages in general — Jurisdiction of International Court of Justice to award damages — Applicant seeking declaration that State's acts illegal and that general obligation to compensate exists — No evidence of details of damage — Whether requested declaration too abstractTreaties — Conclusion and operation of treaties — Conditions of validity — Effect of duress — Exchange of Notes 1961 between Federal Republic of Germany and IcelandTreaties — Termination — By operation of law — Fundamental change of circumstances — Relevance of change of circumstances to treaty — Failure of consideration — Exchange of Notes 1961 between Federal Republic of Germany and IcelandTreaties — Termination — By act of party — Unilateral denunciation — Circumstances in which State entitled to denounce treaty — Exchange of Notes 1961 between Federal Republic of Germany and IcelandDisputes — International Court of Justice — Organization of the Court — Appointment of judge ad hoc — Common interest between two States bringing parallel proceedings — Justification for refusal to appoint a judge ad hocDisputes — International Court of Justice — Contentious jurisdiction — Competence — Access to the Court — Applicant State becoming a party to the Statute of the Court after crystallization of disputeDisputes — International Court of Justice — Contentious jurisdiction — Competence — Interim measures of protectionDisputes — International Court of Justice — Contentious jurisdiction — Competence — Jurisdiction under treaty — Exchange of Notes 1961 between Federal Republic of Germany and Iceland — Refusal of State to appear — Whether affecting jurisdiction of the CourtDisputes — International Court of Justice — Contentious jurisdiction — Competence — Request for declaration that State under an obligation to compensate applicant for damage caused by allegedly unlawful acts — Whether requested declaration too abstract Request contained in Memorial on merits but not in application Whether a permissible amendmentDisputes — International Court of Justice — Contentious jurisdiction — Procedure — Effect of refusal of State to appearDisputes — International Court of Justice — Contentious jurisdiction — The law applicable — Rule of law requiring application of equitable principles — Competence of Court to indicate equitable principles as guide to negotiationDisputes — Negotiation — Relationship between negotiation and judicial settlement — International Court of JusticeJurisdiction — In general — Territorial — Over fisheries — Extent of — Whether limited to twelve miles — Whether extension to fifty miles permissible — Icelandic claim — Whether opposable to Federal Republic of Germany — Adjacent waters — Rights of the coastal State — Exceptional dependence upon fisheries — Conservation — Preferential rights of coastal State — Historic rights of other States — Duty of States to negotiate equitable balance between rights — Exchange of Notes 1961 between Federal Republic of Germany and IcelandInternational law in general — Nature and binding force — Concept of equity — Equity and law — Sources of international law — Custom — Conditions for existence of rule of custom — The law of the seaTreaties — Conclusion — Conditions of validity — Duress — Termination — By operation of law — Fundamental change of circumstances — Failure of consideration — Termination by act of party — Unilateral denunciation — Exchange of Notes, 1961, between Federal Republic of Germany and IcelandDisputes — International Court of Justice — Jurisdiction — Treaty conferring jurisdiction denounced by one party — Procedure — Interim measures of protection — Nature of a dispute — Relationship between judicial process and negotiation — Declaration of obligation to make compensation
In: International Human Rights Litigation in U.S. Courts, S. 551-586
In: Jurisprudence of the International Criminal Courts and the European Court of Human Rights, S. 681-780
"Guiding you through each step, Statutory Nuisance takes you from initial assessment of a potential nuisance, through document drafting to the magistrates' court and beyond to the higher courts. Clear, readable and user friendly this book provides lucid explanation, practical guidance and the primary materials needed in court - all in one handy volume. Accessible to the layman, yet illuminating to the experienced practitioner, this title expresses a view on the issues not yet resolved by the courts. The new 4th edition covers the significant legislative changes such as: - The Anti-Social Behaviour, Crime and Policing Act 2014 - Coventry v Lawrence [2014] - Lorna Grace Peires v Bickerton Aerodromes Ltd [2016] - Forster v The Secretary of State for Communities and Local Government [2016] - Cocking v Eacott [2016]."--
In: Hook, M "The statutist trap and subject-matter jurisdiction" (2017) 14 Journal of Private International Law 435-462.
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In: 71 SMU Law Review 895 (2018)
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In: University casebook series