The Seventh Sense 1999 Fixed 🔎

The Seventh Sense 1999

the seventh circuit then applied the rule of lenity to resolve the ambiguity. the seventh circuit recognized that the rule of lenity is a “rule of last resort” and should only be used when the text of a statute or a rule is ambiguous. id. at 694. in contrast, the rule of lenity is the default canon of statutory construction only when the text of a statute or a rule is unambiguous.

the seventh circuit concluded that the phrase “any interested person” was ambiguous because it could have been interpreted as excluding private arbitrations or as including them. id. at 695. because the legislative history did not resolve the ambiguity, the seventh circuit adopted a construction of section 1782(a) that is most beneficial to “interested persons,” which is broad enough to include private arbitration proceedings. at 695-696.

the seventh circuit determined that because the language of section 1782(a) is ambiguous, we should defer to the dols interpretation of section 1782(a) as defining the scope of the authority the act confers upon district courts. the seventh circuit rejected the second and fifth circuits approach, explaining that the supreme courts holding in the case of ametek inc. v. baker concerned whether congress intended the federal courts to create a common law to supplement the procedures defined in the arbitration act. see ametek inc. baker, 81 u.s. (14 wall.) 589, 598 (1871). the seventh circuit noted that the supreme court determined that section 1782(a) requires courts to defer to the decisions made by the administrative bodies, and not to create a common law to supplement the procedures outlined in the arbitration act. see id. the seventh circuit then rejected the second and fifth circuit view that the arbitration act did not create an arbitration system, and therefore, the act did not create the authority to send discovery requests to foreign arbitrators. the seventh circuit instead explained that the arbitration act does define the procedures that apply to foreign arbitrations. therefore, the seventh circuit deferred to the dols interpretation of the arbitration act, which the dols explained in a 1999 regulations issued in a bulletin titled preliminary statement that both the federal courts and foreign arbitrators have authority to make discovery requests in section 1782(a) cases. see preliminary statement, 64 fed. reg. 23,483 (1999).

the most successful horror movies have the character facing a threat that is difficult to identify and that appears less threatening than it really is. in the seventh sense, the threat is the supernatural, but it’s not the traditional monsters we’ve seen before. rather, it’s an ordinary person who seems to be afraid of everyday things and who may be the most terrifying person in the movie. even more interesting is that the character will often be convinced that the threat is real. they may even be afraid to keep going as they take some action to defeat the threat.
another important element of good suspense is that the audience knows that the character will be able to overcome the threat in the end. this is usually not foretold by the story or the title. the character’s weapon is chosen before the story even begins. this makes the audience feel like they are going to be able to overcome the threat. the audience also has a sense that the character is someone they can identify with. this helps the audience root for the character.
the district court in this case had relied on hively to hold that title vii did not encompass sexual orientation claims. the seventh circuitpanel in hively then applied the supreme court precedent in oncale v. sundowner offshore services [5] to hold that the same was true of title viis prohibition on discrimination based on sex.
this week, the seventh circuit held that title vii does not ban harassment based on sexual orientation. that holding is squarely contrary to hively and is at odds with the eeocs precedent on the issue.
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