Topic
Statutory Interpretation
511 published works
TCPA Watch
Supreme Court Agrees to Review Growing Circuit Split on Definition of ATDS
By Andrew C. Glass, Gregory N. Blase, Joseph C. Wylie II, Molly K. McGinley, and Hollee M. Boudreau On Thursday, the United States Supreme Court agreed to review the question…
Appellate Advocacy Blog
Another Great Statutory Interpretation Case out of Washington State
Almost three years ago, I posted about a statutory interpretation case out of the Washington Supreme Court that addressed the thorny question of whether a riding lawn mower is a…
CAP·impact
Operation of Statutes and Resolutions
https://soundcloud.com/capimpactca/operation-of-statutes-and-resolutions There are a number of sections in California’s Government Code that set forth the operation of statutes and resolutions. These statutes in the Government Code were enacted back in…
Appellate Advocacy Blog
The Nature of Judging at the United States Supreme Court
This week, the United States Supreme Court issued rulings in two cases – Bostock v. Clayton County and Department of Homeland Security v. Regents of the University of California –…
PrawfsBlawg
Ordinary Meaning vs. Literal Meaning
Main Wednesday, June 17, 2020Ordinary Meaning vs. Literal MeaningOne dividing line between the majority and the dissent on the interpretation of Title VII was whether the ordinary meaning or the…
Reverse & Render
The Absurdity Doctrine Disfavored by the Courts
The Fifth Circuit and the Texas Supreme Court recently reaffirmed the high bar that must be met to find that the plain language of a statute violates the absurdity doctrine.…
PrawfsBlawg
JOTWELL: Wasserman on Bray on mischief
Main Wednesday, June 03, 2020JOTWELL: Wasserman on Bray on mischiefI have the new Courts Law essay, reviewing Samuel L. Bray, The Mischief Rule (forthcoming Geo. L.J.) and connecting his arguments…
PrawfsBlawg
Scholarship vs. Judging/Lawyering
Main Wednesday, May 27, 2020Scholarship vs. Judging/LawyeringPart of the reason legal scholars fail to clearly distinguish descriptive and normative claims is that they focus more on the “legal” part of…
PrawfsBlawg
Another perspective on Wisconsin Supreme Court ruling
Main Thursday, May 14, 2020Another perspective on Wisconsin Supreme Court rulingThis from. Prof. Chad Oldfather (Marquette). In addition to general expertise on the subject, some valuable local knowledge from legal…
PrawfsBlawg
Inputs and Outputs vs. Rules and Standards
Main Monday, May 11, 2020Inputs and Outputs vs. Rules and Standards I don't love the name “Legal Discontinuities.” Discontinuities are perspectival. For example, in countries with progressive income taxes, as…