Topic
Statutory Interpretation
508 published works
Supreme Court Update
Ali v. Federal Bureau of Prisons (06-9130) and order list
By Kim Rinehart
The Court's out for a brief recess again, but it left us with one decision yesterday, holding 5-4 in Ali v. Federal Bureau of Prisons (06-9130) that the Federal Tort…
Supreme Court Update
Koons Buick Pontiac GMC, Inc. v. Nigh (03-377), Rodriguez v. Pataki (04-218) and Dodd v. United States (04-52860
Greetings, Court fans! For those of you interested in statutory construction, this is your lucky day. Yesterday, in Koons Buick Pontiac GMC, Inc. v. Nigh, 03-377, the Court ruled…
Labor & Employment Report
Laws That Aren’t In the State Code?
By Fiona W. Ong
Ok, I've been practicing law for decades, but there are still things that surprise me. And yesterday I learned something about the Maryland Code - that it actually doesn't include…
CAP·impact
Legislative Intent in California Courts
https://soundcloud.com/capimpactca/legislative-intent-in-california-courts The determination of legislative intent is important because there are instances in which there are legitimate legal disputes between the parties as to what statutory language may mean or…
SEC Actions
This Week In Securities Litigation (Week starting August 5, 2019)
A look forward; a look back: Is the increasing split among Justices of the Supreme Court over the proper approach to statutory construction causing confusion among the lower courts? Consider…
PrawfsBlawg
Richard Re on the “Law of Clarity” and Constitutional Avoidance:
Main Thursday, August 01, 2019Richard Re on the "Law of Clarity" and Constitutional Avoidance: As numerous scholars (see, e.g., Brian Slocum's fine piece) and even one judge (Justice Kavanaugh in…
The Right Coast
Alito’s Strategic Vote Signals Reining In of ‘Law by Regulation’ | RealClearPolitics
Yet Alito left no doubt where he stands on the matter. Significantly, he did not join Kagan s opinion (thereby making it only a plurality opinion), but concurred only in…
PrawfsBlawg
The Belt-and-Suspenders Canon
Main Wednesday, May 01, 2019The Belt-and-Suspenders CanonJames Brudney and I have uploaded our newest piece, The Belt-and-Suspenders Canon. It is available for download here. An abstract follows:This Essay christens a…
Wisconsin Appellate Law
Plain Language vs. Purpose: The Seventh Circuit Debates Statutory Interpretation
Last week, in an 8-4 en banc decision, the Seventh Circuit held that the Age Discrimination in Employment Act does not provide a cause of action for outside job applicants on…
Agricultural Law and Taxation Blog
Of Black-Holes, Tax Refunds and Statutory Construction
OverviewRecently, it was reported that astronomers captured the first ever images of a black hole – an abyss they say that is so deep that not even light can escape…