Topic
Statutory Interpretation
511 published works
Sixth Circuit Appellate Blog
Sixth Circuit Precedent Offers Responses To Four Common Interpretive Canon Arguments
The Sixth Circuit frequently draws on canons when interpreting contract or statutory language, but the canons “are at best only rough guides.” United States v. York, 398 F.2d 582, 585…
Sentencing Law and Policy
Guest SCOTUS argument analysis: “Fish are apparently funny . . . and other quick thoughts onYates”
Main November 7, 2014Guest SCOTUS argument analysis: "Fish are apparently funny . . . and other quick thoughts on Yates"Professor Todd Haugh was kind enough to send along for posting…
Sentencing Law and Policy
Based on questions asked at SCOTUS oral argument, wins predicted for federal defendants inJohnsonandYates
Main November 6, 2014Based on questions asked at SCOTUS oral argument, wins predicted for federal defendants in Johnson and YatesAs discussed in prior posts here and here, yestderay the Supreme…
Sentencing Law and Policy
“Fish, Shotguns and Judicial Activism”
Main November 5, 2014"Fish, Shotguns and Judicial Activism"The title of this post is the title of this terrific new Bloomberg commentary by Noah Feldman spotlighting some connected issues in the…
Sentencing Law and Policy
SCOTUS hears argument in two notable federal criminal justice cases this week
Main November 4, 2014SCOTUS hears argument in two notable federal criminal justice cases this weekThough today, Election Day 2014, is a big day for citizens to consider who gets to…
Legislation Law Prof Blog
Last year’s best read on legislative process?
By Sara Rankin
As you are likely aware, the academy suffers from a shallow bench of scholars who carefully mine the field of legislative process. I share William Eskridge’s “collective lament” that such…
Patents Post-Grant
PTAB Divided Over Practice of Issue Joinder
Expanded Panel at Odds Over Statutory Interpretation of § 315(c) Yesterday, the Patent Trial & Appeal Board (PTAB) issued a rare expanded panel Order in Target Corp. v. Destination Maternity Corp.,…
Constitutional Law Prof Blog
Ornstein on Statutory Interpretation and Halbig
Norm Ornstein reviews Second Circuit Chief Judge Robert Katzmann's new book, Judging Statutes, over at The Atlantic. Along the way, Ornstein says why courts should use legislative intent in interpreting…
ImmigrationProf Blog
Immigration Article of the Day: Unshackling Habeas Review: Chevron Deference and Statutory Interpretation in Immigration Detention Cases by Alina Das
Unshackling Habeas Review: Chevron Deference and Statutory Interpretation in Immigration Detention Cases by Alina Das, New York University School of Law Immigrant Rights Clinic July 16, 2014 New York University…
Law & Economics Prof Blog
Halbig and How To Decide Whether a Phrase in a Statute is a “Typo”
In an earlier post I showed how to analyze the Obamacare state subsidies of the Halbig decision using game theory (or, if you, like, how to analyze the…