Topic
Statutory Interpretation
511 published works
Health Law Prof Blog
The “CBO Canon” and the Debate Over Tax Credits on Federally Operated Health Insurance Exchanges
(This is a guest post by Professor Abbe Gluck. For background on the issue, see this post by Professor Timothy Jost.)The latest fracas over health reform—the challenge to subsidies for…
Sentencing Law and Policy
Has Justice Scalia won the legislative history war despite losingDorseybattle?
Main June 21, 2012Has Justice Scalia won the legislative history war despite losing Dorsey battle?There is much to say in future posts on future days about the merits and the…
The Faculty Lounge
Roads Not Taken to RadLAX
Justice Scalia writing for eight member of the Court (notice of Justice Kennedy’s recusal came the morning of oral arguments) went out of his way to deny that past practice…
Civil Procedure & Federal Courts Blog
Court Holds “Compensation of Interpreters” Limited to Oral Translation as Part of Costs
By Civil Procedure & Federal Courts Blog
Justice Alito's opinion for the Court in Taniguchi v. Kan Pacific Saipan, Ltd., No. 10-1472 (May 21, 2012) begins:The costs that may be awarded to prevailing parties in lawsuits brought…
Legal Writing Prof Blog
Statutory construction: what does “the” mean?
For an example of a small but mighty word, take a look at “the” in the federal campaign finance law. Steven Friedland of Elon University explained its importance when he discussed…
The Faculty Lounge
Supreme Court Makes Life More Difficult for Bankrupt Farmers
I am not an expert in bankruptcy, so I confess that I may be missing something, but this morning's opinion in Hall v. United States leaves me puzzled. In short,…
PropertyProf Blog
Property as a statutory course
By propertyprof
Torts, necessarily, must be taught mostly from cases. But, property is largely taught from cases, which strikes me a missed opportunity. Property law is a great opportunity to teach statutes,…
Sentencing Law and Policy
Why I think defendants should win “fight about competing background rules” inHillandDorsey
Main April 19, 2012Why I think defendants should win "fight about competing background rules" in Hill and DorseyDespite lots of travels and other commitments, I have had time now to…
International Law Prof Blog
U.S. Supreme Court Rules that TVPA Applies Only to “Individuals” or “Natural Persons”
The U.S. Supreme Court ruled yesterday that the only individuals who can be sued under the Torture Victim Protection Act (TVPA) are "natural persons." The Supreme Court, in a decision by…
Civil Procedure & Federal Courts Blog
SCOTUS decision in Mohamad v. Palestinian Authority
By Civil Procedure & Federal Courts Blog
Today the Supreme Court issued a unanimous decision in Mohamad v. Palestinian Authority (covered earlier here and here). Justice Sotomayor’s opinion begins:The Torture Victim Protection Act of 1991 (TVPA or…