Topic
Statutory Interpretation
511 published works
Legislation Law Prof Blog
News: SCOTUS and Statutory Interpretation—EPA v. EME Homer City Generation, L.P.
By Kevin Barry
The plain meaning rule and Chevron deference take center stage in yesterday’s Supreme Court ruling in ENVIRONMENTAL PROTECTION AGENCY v. EME HOMER CITY GENERATION, L.P., 2014 WL 1672044, which upheld…
The Faculty Lounge
Phishing for Crime: A Tale of Why People Resent the Feds
Yates v. United States, in which the Court granted certiorari yesterday, is a tale of the irresponsible application of federal criminal law. Jonathan Adler, at the Volokh Conspiracy, has a…
Gender and the Law Prof Blog
Proposing New Gender Neutral Pronouns for Legal Authorities
By Tracy Thomas
C. Marshall Thatcher (South Dakota) has published What is "Eet"? A Proposal to Add a Series of Referent-Inclusive Third Person Singular Pronouns and Possessive Adjectives to the English Language for Use…
Sentencing Law and Policy
Lots of notable sentencing activity via the Sixth Circuit on this hump day
Main April 9, 2014Lots of notable sentencing activity via the Sixth Circuit on this hump dayI have long found that Wednesday seems to be a popular day for circuit sentencing…
Banking & Finance Law Report
Law v. Siegel, __ U.S. ___, 134 S.CT. 1188 (2014): The Supreme Court Addresses the Scope of the “All Writs” Provision in the Bankruptcy Code
The Bankruptcy Code has approximately 275 different sections. The number of its subsections and subparagraphs is well into the thousands. It is impossible to select the “most significant” provision in…
Civil Procedure & Federal Courts Blog
Today’s SCOTUS Decision in Lexmark v. Static Control: Some Interesting Bits on Standing and Iqbal
The Supreme Court issued a unanimous decision today in Lexmark International, Inc. v. Static Control Components, Inc. It’s principally a Lanham Act case, but Justice Scalia’s opinion has some interesting…
TortsProf Blog
Pojanowski on Private Law in the Gaps
Jeffrey Pojanowski (Notre Dame) has posted to SSRN Private Law in the Gaps. The abstract provides:Private law subjects like tort, contract, and property are traditionally taken to be at the…
ImmigrationProf Blog
Law Profs Submit Amici Brief in Supreme Court Immigration Case
On Monday, twenty-six law professors from around the country urged the United States Supreme Court to grant certiorari to resolve crucial questions of how lower courts should analyze the retroactive…
Notice of Appeal
Statutory Interpretation Based On Plain Language Does Not Stop With “Literal, Word-By-Word Interpretation Bereft of Context”
[Note: This post was drafted by Litigation Partner Vanessa Power] In Ellensburg Cement Products v. Kittitas County, et al., the Washington Supreme Court in an en banc ruling held that…
Sentencing Law and Policy
“Kaleidoscopic Chaos: Understanding the Circuit Courts’ Various Interpretations of § 2255’s Savings Clause”
Main January 12, 2014"Kaleidoscopic Chaos: Understanding the Circuit Courts’ Various Interpretations of § 2255's Savings Clause"The title of this post is the title of this informative and important new piece…