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Statutory Interpretation

508 published works

  1. Health Law Prof Blog

    Disclaiming Disability

    By Katharine Van Tassel

    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…

  2. Health Law Prof Blog

    A Dissent from the Many Dissents from Attorney General Ashcroft’s Interpretation of the Controlled Substances Act

    By Katharine Van Tassel

    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,…

  3. 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…

  4. Southern California Appellate News

    Appellate law & English prose

    By Benjamin G. Shatz

    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…

  5. 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,…

  6. PrawfsBlawg

    JOTWELL: Mulligan on Main on snap removal

    By prawfsblawg@gmail.com

    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,…

  7. Criminal

    “Restoring the Historical Rule of Lenity as a Canon”

    By Douglas Berman

    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…

  8. Sentencing Law and Policy

    "Restoring the Historical Rule of Lenity as a Canon"

    By Douglas Berman

    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…

  9. 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…

  10. CAP·impact

    Retroactivity in California Statutes

    By Chris Micheli

    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…