Topic
Statutory Interpretation
508 published works
CAP·impact
Drafting a Bill’s Title
https://soundcloud.com/capimpactca/drafting-a-bills-title Pursuant to Article IV, Section 9 of the California State Constitution, each bill must have a title. In fact, the State Constitution specifically states, "A statute shall embrace but…
ImmigrationProf Blog
How to Counteract the Court: Congress has the power to override Supreme Court rulings based on statutory interpretations
In "How to Counteract the Court: Congress has the power to override Supreme Court rulings based on statutory interpretations" by Rachel M. Cohen and Marcia Brown in the American Prospect…
PrawfsBlawg
Legal Indeterminacy and Robert Jackson
Main Sunday, November 15, 2020Legal Indeterminacy and Robert JacksonI've been working with some of Justice Robert Jackson's writings recently. One theme that connects them is his conclusion that the text…
CAP·impact
California’s Reenactment Rule
https://soundcloud.com/capimpactca/the-reenactment-rule What is California’s reenactment rule? The state’s constitution, in Article IV, Section 9, states, “ A section of a statute may not be amended unless the section is reenacted…
Texas Appellate Counsel
E33 | Helping Courts Interpret Statutes | Daniel Olds
Courts often grapple with what the Legislature intended when it used particular words in a statute. Because the Legislature only speaks through its enactments, answering that question requires a number…
PrawfsBlawg
Bostock, Cline, and the SCOTUS’s Repression of Textualism’s Unresolvable Contradictions
Main Thursday, September 10, 2020Bostock, Cline, and the SCOTUS's Repression of Textualism's Unresolvable ContradictionsThis week in “Legislation and the Regulatory State,” I taught General Dynamics Land Systems, Inc. v. Cline…
CAP·impact
The California Law Revision Commission
https://soundcloud.com/capimpactca/the-california-law-revision-commission California’s Law Revision Commission was established almost 70 years ago as an independent state agency, and its purpose is to assist the Legislature and the Governor in reviewing and…
Legal Profession Blog
Crime And Punishment In Indiana
The Indiana Supreme Court addressed thorny criminal law issues in two cases decided yesterday.Double jeopardy in the Wadle casewe expressly overrule the Richardson constitutional tests in resolving claims of substantive…
Greener Land Law
Montana’s Exempt Well Dispute: Where Environmental Public Law and the Art of Statutory Construction Collided
By John Schafer
Legal advisors to both environmental organizations and land developers must never lose sight of the principle that when dealing with administrative agencies, their client’s run the risk of the regulatory…
Appellate Advocacy Blog
We’re All Textualists Now
In a 2015 Justice Elena Kagan quipped that, when it comes to statutory interpretation, "we're all textualists now." She noted that, when she was in law school, statutory interpretation was…