Topic
Statutory Interpretation
508 published works
PrawfsBlawg
The Textual Canons in Contract Cases: A Preliminary Study
Main Friday, November 18, 2022The Textual Canons in Contract Cases: A Preliminary StudyI've just released my forthcoming paper in the Wisconsin Law Review about how the linguistic canons are used…
MTFN Resources
Wisconsin Supreme Court Preview: November 2022
By MTFN
Caleb R. Gerbitz Interpretation will be the supreme court’s primary task next month, as the court’s November oral argument calendar lists three civil cases, each touching on intriguing questions of…
Law School Academic Support Blog
A Possible Exercise in Interpretation
I heard a recent joke that goes something like this, in a conversation between an insurance agent and the insured homeowner: Agent: Hello. Insured: Hi. I'd like to report a…
PrawfsBlawg
We’re All Textualists Now… When It Suits Us
Main Wednesday, August 17, 2022We’re All Textualists Now… When It Suits UsJustice Kagan is responsible for two contradictory and fascinating maxims. In 2015, she famously said that “We’re all textualists…
Appellate Advocacy Blog
Agency Deference and Statutory Interpretation
Courts often defer to administrative agencies on matters that require the agency’s specialized expertise. Yet even the embattled Chevron deference doctrine[1] puts the brakes on judicial deference sensibly when Congress…
Bench & Bar of Minnesota
Notes & Trends
By Minnesota State Bar Association
Criminal Law JUDICIAL LAW◘ Arson: First-degree arson does not require proof that the defendant acted “unlawfully.” At his trial for first-degree arson, appellant’s daughter testified she accidentally started the fire that…
The Faculty Lounge
Why Are Laws So Long and Complicated?
My new essay for The Hill is more explanatory than opinionated, as I figured everyone could use a break from the raging political disputes (and because syndicated columnists are already…
Appellate Advocacy Blog
Writing like Justice Kagan, part III
By John Nielsen
Continuing the series on Justice Kagan's writing style--a third and final installment on her opinion in Gundy v. United States. The first and second installments are here and here. 13. Teach…
Appellate Advocacy Blog
Rejecting Canons of Construction and Following Legislative Intent to Define a Bee As a “Fish”
By now, you've probably heard that a California appellate court deemed bees "fish." In fact, a truth-checking site, Verify.com, even posted a verification of the claim a court ruled a…
Sixth Circuit Appellate Blog
The Corpus Linguistics Bug: New Cases in the Sixth, Fourth Circuits.
In a previous post, we discussed corpus linguistics, an emerging tool in statutory and constitutional interpretation. It appears that the corpus linguistics bug is spreading, both in this Circuit and…