The Statutory Presumption in Federal Narcotics Prosecutions

Statutory prohibitions and the regulation of new reproductive technologies under federal law in Canada.

This paper reviews recommendations made by the Royal Commission on New Reproductive Technologies concerning statutory prohibitions and offences relating to reproduction and reproductive technologies. The recommendations are criticized on three grounds. First, the Report offers no analysis of the legislative authority that would enable Parliament to enact its recommendations. Second, it offers n...

The Presumption Of Atheism

We have already stated summarily what the punishment should be for temple-robbing, whether by open force or secretly. But the punishments for the various sorts of insolence in speech or action with regard to the gods, which a man can show in word or deed, have to be proclaimed after we have provided an exordium. Let this be it: "No one believing, as the laws prescribe, in the existence of the g...

The Federal Common Law of Statutory Interpretation: Erie for the Age of Statutes

Abolish the Integration Presumption ? Not

As with any social movement, it is impossible to speak simply of “the goals” of the American disability rights movement. The movement embraces an array of different people, with different disabilities, ideologies, and interests. It therefore has a multiplicity of different goals, which are sometimes in tension with each other. 1 But if there is one goal that has achieved near-consensus status a...

Intrastatutory Federalism and Statutory Interpretation: State Implementation of Federal Law in Health Reform and Beyond

State implementation of federal law is commonplace, but has been largely ignored by the interpretive doctrines of legislation and administrative law. We have no Chevron, federalism canon, or anything else for state implementation, nor any doctrines that ask how Congress's decisions to delegate implementation duties to states should affect how ambiguous statutes should be interpreted. For theori...