Category: Statutory interpretation

Statutory interpretation

“We must give effect to the specific over the general”

If you’re a litigator, you’ve probably invoked the specific-controls-the-general canon at one time or another.  Whether you’ve prevailed with that argument is another question; it …

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Statutory interpretation

In statutory construction, be careful assuming the greater includes the lesser

The FDA has the undisputed power to ban a medical device entirely; but if it approves the device, it may not ban certain uses.  That …

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