Topic
Statutory Interpretation
508 published works
Health Law Prof Blog
Disclaiming Disability
Nicole B. Porter (University of Toledo), Disclaiming Disability, UC Davis L. Rev. (2022, Forthcoming):In the ADA Amendments Act of 2008, Congress ordered the courts to broadly interpret the definition of…
Health Law Prof Blog
A Dissent from the Many Dissents from Attorney General Ashcroft’s Interpretation of the Controlled Substances Act
Marc Spindelman (Ohio State University), A Dissent from the Many Dissents from Attorney General Ashcroft’s Interpretation of the Controlled Substances Act, 19 Issues in L. & Med. (2003):In this essay,…
Adams on Contract Drafting
The U.S. Supreme Court Fails a Syntactic-Ambiguity Test
By Ken Adams
Drafters can learn three things from courts screwing up analysis of ambiguity. First, you learn what ambiguous text looks like. Second, you learn that fights over ambiguous contract language are…
Southern California Appellate News
Appellate law & English prose
Even if you don't care about TCPA cases, appellate lawyers should read today's opinion from SCOTUS here. Law.com has: Alito Uses Grammar Lesson to Warn About Interpreting Statutes“Appellate judges spend…
SALT Shaker
Legal Alert: Georgia Legislature Approves Taxpayer Fairness Act Limiting Administrative Deference
By Jonathan Feldman, Justin Brown
On March 22, 2021, the Georgia House of Representatives passed SB 185, which now heads to the Governor’s desk. The measure, which was previously unanimously passed by the state Senate,…
PrawfsBlawg
JOTWELL: Mulligan on Main on snap removal
Main Thursday, February 18, 2021JOTWELL: Mulligan on Main on snap removalThe new Courts Law essay comes from Lumen Mulligan (Kansas), reviewing Thomas O. Main, Jeffrey W. Stempel, & David McClure,…
Criminal
“Restoring the Historical Rule of Lenity as a Canon”
The title of this post is the title of this new article recently posted to SSRN and authored by Shon Hopwood. Here is its abstract:In criminal law, the venerated rule…
Sentencing Law and Policy
"Restoring the Historical Rule of Lenity as a Canon"
The title of this post is the title of this new article recently posted to SSRN and authored by Shon Hopwood. Here is its abstract: In criminal law, the venerated…
Supreme Court Update
Federal Republic of Germany v. Philipp (No. 19-351), Simon v. Republic of Hungary (No. 18-1447), Salinas v. United States Railroad Retirement Board (No. 19-199)
By Tadhg Dooley, David R. Roth
Earlier this week, the Court announced that it would be issuing some decisions on Wednesday, notwithstanding that the Nine are currently on their winter break. That led many observers to…
CAP·impact
Retroactivity in California Statutes
https://soundcloud.com/capimpactca/retroactivity-in-california-statutes In California, as in most states, a statute is presumed to operate prospectively. When construing statutes, there's a general presumption against retroactive cases unless the Legislature plainly has directed…