The Gardner presumption, also known as the pro-veteran canon, is a substantive canon of interpretation named after the Supreme Court case Brown v. Gardner. The canon instructs courts to construe ambiguous statutes concerning veterans’ benefits in favor of the veteran. While the canon today rarely acts as a tiebreaker, it has historically represented a strong congressional intent to care for veterans. The post Codify <em>Gardner</em> appeared first on Harvard Law Review.| Harvard Law Review
Tahnee Thantrong Monnin analyzes a textual difference between §§ 3604(a) and (f) of the Fair Housing Act and concludes, based on a line of cases extending the Fair Housing Act's protections to residents of homeless shelters, "that third-party consideration is and should be sufficient for purposes of applying §§ 3604(a) and (f)."| The University of Chicago Law Review Online Archive
Erin Yonchak, writing on stealthing and on rape exceptions to state abortion bans, concludes that "(1) current rape law does not capture a swath of sexual violence, like stealthing—and rape exceptions, as written, do little to provide options for those victims; and (2) if rape exceptions are important to legislators, they should be broadened to encompass victims of any unwanted sexual conduct, in a way that makes them actually accessible and divorces them from the criminal system."| The University of Chicago Law Review Online Archive