Statutory construction - drafting errors - D.C. Circuit declares Section 92 of the National Bank Act invalid
Article Abstract:
The DC Circuit's decision in Independent Insurance Agents of America, Inc v Clarke illustrates the limitations of textualism in statutory construction. The court ruled that Section 92 of the National Bank Act is invalid, despite evidence that its deletion from the US Code was the result of a drafting error. Evidence of congressional intent not to repeal the section along with subsequent treatment of the statute as valid by legislative, executive and judicial branches was deemed insufficient to counter the inadvertent repeal. Textualism's inability to deal satisfactorily with drafting errors such as this indicates the need for a more mature theory of statutory construction.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Arbitration - statutory claims - Ninth Circuit imposes knowing waiver standard for mandatory arbitration of sexual harassment claims. - Prudential Insurance Co. v. Lai, 42 F.3d 1299 (9th Cir. 1994), cert. denied, 116 S. Ct. 61 (1995)
Article Abstract:
The US Court of Appeals for the Ninth Circuit established in Prudential Insurance Co. v. Lai that an employee's waiver of the right to bring a Title VII action must be knowing. In so ruling, the Court has added substance to the US Supreme Court's ruling in Gilmer v. Interstate Johnson Lane Corp. that arbitration clauses could be binding in the employment discrimination context. The Ninth Circuit's ruling will not solve the problems of unequal bargaining power in employment contracts, but it will require employers to expressly identify claims covered by the arbitration clause.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Administrative law - waivers - Ninth Circuit holds statutory waivers for welfare experiments subject to judicial review
Article Abstract:
The Ninth Circuit case of Beno v. Shalala illustrates some problems with the granting of waivers for states to conduct welfare reform experiments related to Aid to Families with Dependent Children (AFDC). Congress gave the Secretary of Health and Human Services the power to grant such waivers, but the court held that the waivers were subject to judicial review. The case also suggests that formal guidelines and stringent federal oversight are needed to curtail harmful experimentation.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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- Abstracts: Standing under section 16(b) of the Securities Exchange Act. Litigating securities fraud as a breach of fiduciary duty in Delaware
- Abstracts: Civil procedure - class actions - Ninth Circuit holds that prior class action tolled the statue of limitations for new class action claim
- Abstracts: Statutory interpretation - Family and Medical Leave Act of 1993 - First Circuit holds that the FMLA includes a private right of action for prospective and former employees
- Abstracts: Statutory interpretation -- Americans with Disabilities Act -- Third Circuit holds that unemployable former employees may sue employers
- Abstracts: Not in the corporation's best interests. Class wars: the dilemma of the mass tort class action