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U.S. adults' attitudes toward abortion as a (non)essential procedure during the COVID-19 pandemic. [PDF]

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THE PRINCIPLE OF LEGALITY

The Cambridge Law Journal, 2020
AbstractThis article examines the principle of legality, a principle of statutory interpretation that requires clear statutory words to oust basic common-law norms. The principle is of growing importance in the Supreme Court's public law jurisprudence, yet it has garnered little scholarly attention.
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Mapping the Principle of Legality

Abstract This chapter surveys the doctrinal development of the principle of legality in its modern judicial application. It traces the principle’s formulation in early cases involving the rights of prisoners, through its further development in cases involving fundamental common law rights, and more recent cases in which the proper roles ...
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The geometry of legal principles

Theory and Decision, 1991
We discuss several possible legal principles from the standpoint of Bayesian decision theory. In particular, we show that a compelling legal principle implies compatibility with decisions based on maximizing the expected utility.
CHUAQUI, R, MALITZ, J
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The principle of legality

Abstract It is a well-known tenet of public law that judges must interpret a statute consistently with common law rights and principles, unless that statute uses ‘clear and express’ language to license the violation of such rights and principles. This is the ‘principle of legality’.
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The ‘Expiscation’ of Legal Principles

2023
Abstract This chapter deals with one way in which courts are said to rely on precedent: they sometimes look at a string of previously decided cases and seek to ‘extract’ or ‘induce’ or ‘expiscate’—the language used to describe the move varies—a principle that underlies them.
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