Topic
Statutory Interpretation
508 published works
On Point
SCOW holds 2018 amendment to TPR statute applies to 2016 case
By Wisconsin State Public Defender
Eau Claire County DHS v. S.E., 2021 WI 56, affirming a published court of appeals opinion, 2019AP894, 6/10/21, case activity In a 4-3 decision, SCOW holds that a 2018 amendment…
Commercial Litigation Update
The Court Takes a Literal Approach to Statutory Interpretation Again—This Time, to Immigration Laws
Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: "The Court Takes a Literal Approach to Statutory Interpretation Again -…
FCPA Professor
Once Again The Supreme Court Rejects The DOJ’s Overly Expansive Interpretation Of A Criminal Statute
By Mike Koehler
This is approximately the tenth time a post of this nature has appeared on these pages. Even though the current Supreme Court is often ideologically divided, the Court has shown remarkable…
Criminal
In 6-3 opinion for (police officer) defendant, SCOTUS limits reach of federal Computer Fraud and Abuse Act
The Supreme Court issued one opinion this morning, and it is an interesting criminal law decision with an interesting divide of Justices limiting the reach of a notable federal criminal…
Bench & Bar of Minnesota
Anatomy of a Misreading
By Minnesota State Bar Association
On March 24, 2021, the Minnesota Supreme Court issued its decision in State v. Khalil, reversing and remanding a third-degree criminal sexual conduct charge that involved a mentally incapacitated or…
Commercial Litigation Update
A Unanimous Court Applies Unambiguous Statutory Requirements in Two New Decisions
Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: "A Unanimous Court Applies Unambiguous Statutory Requirements in Two New Decisions".…
Disputing
Standing On Its Own Shoulders: The Supreme Court’s Statutory Interpretation of the Federal Arbitration Act
By Beth Graham
Kristen Blankley, Professor of Law at the University of Nebraska College of Law, has written a terrific article titled, “Standing On Its Own Shoulders: The Supreme Court’s Statutory Interpretation of…
Criminal
“Constraining Criminal Laws”
The title of this post is the title of this notable new article authored by F. Andrew Hessick and Carissa Byrne Hessick now available via SSRN. Here is its abstract:Most…
ContractsProf Blog
Sid DeLong on Textualism in Niz-Chavez v. Garland
QUOTATION MARKS AS THE CITADEL OF LIBERTY AND THE POWER OF “a”Sidney W. DeLongIn Niz-Chavez v Garland, (decided April 29, 2021), the Court construed statutory language in the Illegal Immigration…
CAP·impact
The Connection Between Judges and Bill Drafters
https://soundcloud.com/capimpactca/the-connection-between-judges-and-bill-drafters There are two types of approaches to interpreting statutes; literalism and purposive. Literalism is generally defined as the interpretation of words in their usual or most basic sense, while…