Topic
Statutory Interpretation
508 published works
PrawfsBlawg
The Implied Repeal of Abortion Restrictions
Main Wednesday, April 10, 2019The Implied Repeal of Abortion RestrictionsHere's a question I'm thinking about. Suppose a state prohibited nearly all abortions prior to Roe v. Wade. After Roe, the…
New York Attorney Malpractice Blog
As Written or As Interpreted?
Cortland Apts., LLC v Simbari Design Architecture, PLLC 2019 NY Slip Op 50331(U) Decided on March 19, 2019 Supreme Court, Cortland County Guy, J. is a companion case to Universe Ave. LLC v. Simbari…
Tax Controversy Posts
Down the Statutory Construction Rabbit Hole: The Second Circuit Examines the Tax Court’s Refund Jurisdiction
The Tax Court exists to provide taxpayers with a judicial forum to review assertions that they have underpaid their taxes without having to “pay to play.” In addition to having…
Appellate Advocacy Blog
An Introduction to Introductions
The Federal Rules of Appellate Procedure, as well as the Rules adopted by several states, dictate a brief's minimum contents. But they don't set its order. And they're not exclusive…
Tax Controversy 360
Law360: Rules of Construction Provide Framework for Decoding TCJA
We recently wrote a detailed article on rules of statutory and regulatory construction in light of the Tax Cuts and Jobs Act for Law360. The Law360 article, “Rules of Construction…
PrawfsBlawg
Paying for Public Records
Main Wednesday, February 13, 2019Paying for Public RecordsMuch to the delight of legal reporters and researchers who study the courts, PACER fees are under attack. A lawsuit challenging the fees…
SEC Actions
The Supreme Court, SLUSA and Statutory Interpretation
The Supreme Court in Cyan, Inc. v. Beaver County Employees, 138 S.Ct. 1061(2018) concluded that a securities class action brought in state court based solely on claims arising under the…
PrawfsBlawg
Corpus Linguistics Comes to the Fourth Circuit (and that’s not a good thing!)
Main Wednesday, January 30, 2019Corpus Linguistics Comes to the Fourth Circuit (and that’s not a good thing!)An amicus brief was filed yesterday in the Fourth Circuit Emolument Clause case against…
The Nickel Report
The Time Has Come to Overrule Auer
By F. William Brownell, Henry V. Nickel
According to the dictionary, a phrase is “ambiguous” if it has more than one meaning. Chevron[1] is frequently cited for the proposition that the presence of “ambiguity” gives an agency…
CAP·impact
Rules of Statutory Construction
Rules of Statutory Construction (transcript) Today's post is on rules of statutory construction primarily for the non-lawyer. https://soundcloud.com/capimpactca/rules-of-statutory-construction For those working in and around the California State Capitol, it's…