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Statutory Interpretation

511 published works

  1. Sentencing Law and Policy

    SCOTUS inYatesrejects broad interpretation of federal criminal statute via fascinating 5-4 split (with Justice Alito as swing vote)!!

    By Douglas Berman

    Main February 25, 2015SCOTUS in Yates rejects broad interpretation of federal criminal statute via fascinating 5-4 split (with Justice Alito as swing vote)!!I often tell students that one of many…

  2. Legal Writing Prof Blog

    The Tenth Circuit applies the art of sentence diagramming

    By Legal Writing Prof

    The Tenth Circuit recently interpreted a statute so confusing that the court decided to diagram some of its language. In United States v. Rentz, the court observed that “Few statutes…

  3. Gender and the Law Prof Blog

    Florida Court Asked to Decide if Gay Sex Constitutes ‘Intercourse’

    By John Kang

    From the NYT:TALLAHASSEE, Fla. — The Florida Supreme Court will hear arguments on Wednesday on the definition of sexual intercourse in a test of a law requiring HIV-positive people to…

  4. The Faculty Lounge

    Green Bag Micro-Symposium on Scalia & Garner’s “Reading Law”

    The always informative, entertaining, and just plain awesome Green Bag has published its most recent micro-symposium, this one focused on Reading Law by Justice Antonin Scalia and Prof. Bryan Garner…

  5. Gender and the Law Prof Blog

    SCOTUS on Misinterpreting Statutes

    By Tracy Thomas

    I was cited recently by the Second Circuit in Central States SE & SW Areas Health & Welfare Fund v. Gerber Life Ins., 771 F.3d 150 (2d Cir. Nov. 14,…

  6. Supreme Court of Nevada Law Library

    Research Tip: Use Notes of Decisions to Quickly Find Relevant Cases Interpreting a Statute or Regulation

    By Paula Doty

    This is a good tip from the Westlaw Legal Solutions blog: Have you ever searched in cases for a procedural issue and come up empty? Are you not sure how…

  7. North Carolina Appellate Practice Blog

    When Does “Or” Mean “And”?

    By Patrick M. Kane

    I’ve previously blogged about cases that remind me of the bar exam or law school exams.  In reading a case released by the Court of Appeals yesterday, however, I was…

  8. Sentencing Law and Policy

    SCOTUS hears argument on application of mandatory minimum sentencing provision inWhitfield

    By Douglas Berman

    Main December 2, 2014SCOTUS hears argument on application of mandatory minimum sentencing provision in WhitfieldThe Supreme Court has another notable criminal justice case on tap for oral argument this morning,…

  9. Law & Economics Prof Blog

    Shopping for Possible Meanings of “Established by a State”

    By BDG

    I went grocery shopping today, and as I looked up at the Star Market sign I realized another reason the government should win King v. Burwell, the ACA subsidies case. Like…

  10. The Faculty Lounge

    Try a Different Analogy

    In Paul Krugman’s Monday column in the New York Times, he draws an analogy between the issue in King v. Burwell (whether the tax subsidies for Obamacare are available only…