Topic
Statutory Interpretation
511 published works
Labor Law Prof Blog
Sperino on the Tort Label
Sandra Sperino (Cincinnati) has a new article, another great addition to her series on the importation of tort law into anti-discrimination laws: The Tort Label. From her abstract:Courts and commentators…
Surf and Turf Law
SCOTUS: No, Mr. Chekov, A Houseboat Is Not A “Wessel” … Uhh, “Vessel”
This just in: in an 7-2 opinion authored by Justice Breyer, the U.S. Supreme Court held in Lozman v. City of Riviera Beach, No. 11-626, that a houseboat is not a…
M & A Law Prof Blog
Corporations in the HOV lane
By CorporateAcquisitions MergerLawBlogger
Corporations are people, my friend. So says Jonathan Frieman in California. That's why he carries incorporation papers for his California corporation with him everytime he hops into the HOV/carpool lane.…
Sentencing Law and Policy
SCOTUS cert grant and argument in cases (only?) hard-core sentencing fans should love
Main January 7, 2013SCOTUS cert grant and argument in cases (only?) hard-core sentencing fans should love After its usual lengthy holiday recess, the US Supreme Court is back in action…
Environmental Law Prof Blog
Why Didn’t We Try this Sooner?
This fall, for the first time, I'm teaching a legislation and administrative law course to 1Ls. This isn't a new innovation--some schools have been doing this for years--but it is…
Constitutional Law Prof Blog
Daily Read: Posner at Columbia Law School’s Federalist Society Lecture
By ConLawProf initials at end of post
A "daily read" worth watching: Richard Posner (pictured) presented his lecture "How I Interpret Statutes and the Constitution" via video for Columbia Law Federalist Society's Madison Lecture Series on Judicial…
EvidenceProf Blog
Baby You Can Drive My Car: Court Of Appeals Of Minnesota Uses Rule Of Lenity To Reverse Tracking Device Conviction
By Colin Miller
Pursuant to the rule of lenity, courts must construe ambiguous criminal statutes in favor of criminal defendants because the government drafts criminal statutes and is responsible for any terms that…
Surf and Turf Law
Inevitable Shortcomings of Words: Vessels and other Contrivances
Sticks and stones may break my bones, but names will never hurt me. A rose by any other name?So, pray tell - what is a vessel? I mean, practically, what…
Constitutional Law Prof Blog
What is Originalism Again? Scalia and Posner Debate the Meaning of “Legislative” History
By ConLawProf initials at end of post
The very public disagreements between Antonin Scalia and Richard Posner are of interest to ConLaw because of their relevance to originalism as a constitutional theoretical perspective.Recall that the book Reading…
Delaware Corporate & Commercial Litigation Blog
Supreme Court Justice Pens Book on Interpretation of Contracts and Statutes
U.S. Supreme Court Justice Antonin Scalia has co-authored another book with Bryan Garner, Editor in Chief of Black's Law Dictionary, that was recently released with the title: Reading Law: The…