A public trust exception to the rule of lenity

Article Abstract:

The public trust exception to the rule of lenity should be made explicit so that courts will be able to use the most reasonable construction of an ambiguous statute instead of the most favorable to the defendant in criminal cases involving a public trust. The rule of lenity has a long history as a safeguard for criminal defendants, but courts have often favored less lenient statutory construction when public trust is involved. An explicit exception would promote accountability of public officials and ensure that reasonable interpretations do not have to be disregarded by the courts.

Crime, Criminal law, Public officers, Government officials

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How clear is "clear"? A lenient interpretation of the Gregory v. Ashcroft clear statement rule

Article Abstract:

State sovereignty is sufficiently protected by a lenient interpretation of the clear statement rule as extended by the US Supreme Court in Gregory v. Ashcroft. The rule requires Congress to state its intentions clearly when regulating state functions. Applying the lenient approach to the Americans with Disabilities Act shows that the law's public services provisions cover state prisoners.

Cases, Federal-state controversies

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A defense of analogical reasoning in law

Article Abstract:

A defense for using analogical reasoning in law interpretation and legal dispute resolution, based on analogical reasoning's epistemic and institutional advantages, is presented.

United States, Usage, Beliefs, opinions and attitudes, Reasoning, Analogy

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