Topic
Statutory Interpretation
511 published works
PropertyProf Blog
Wolf on The Supreme Court & the Environment
By propertyprof
Michael Wolf (Florida) has posted The Supreme Court and the Environment: The Reluctant Protector (book chapter) on SSRN. Here's the abstract:This document contains the Introduction and Contents for The Supreme…
CAFA Law Blog
CAFA’s Period Of Adjustment Continues…
Kristen L. Wenger, Note, The Class Action Fairness Act of 2005: The Limits of Its Text and the Need for Legislative Clarification, Not Judicial Interpretation, 38 Fla. St. U. L.…
Civil Procedure & Federal Courts Blog
Baude on Choice of State Law in Federal Statutes
By Civil Procedure & Federal Courts Blog
William Baude has posted on SSRN an article entitled “Beyond DOMA: Choice of State Law in Federal Statutes,” forthcoming in Stanford Law Review. Abstract:Stanford Law Review, Vol. 64, 2012The Defense of Marriage…
Legal Skills Prof Blog
Linguistic Hooks: Overcoming Adverse Cognitive Stock Structures in Statutory Interpretation
Below one of my co-bloggers has posted about the new issue of the JALWD Journal. I would like to focus on one article Linguistic Hooks: Overcoming Adverse Cognitive Stock Structures in…
PropertyProf Blog
Slating on Ambiguities in the Real Estate Settlement Procedures Act
By propertyprof
Timothy Slating (Illinois - Student) has posted To Defer or Not to Defer: RESPA, HUD, and the Section 8(B) Circuit Split on SSRN. Here's the abstract:This Note analyzes ambiguities [in…
inversecondemnation.com
Utah S Ct: Oil And Gas Deposits Are Not “Mineral Deposits” Under Eminent Domain Statute
Lawyers all know of the canons of statutory construction that usually cause us run for our Latin dictionaries. They provide courts with the means to interpret the words in a…
Sentencing Law and Policy
Justice Scalia’s amusing assault on ACCA jurisprudence in dissent from denials of cert
Main June 27, 2011Justice Scalia's amusing assault on ACCA jurisprudence in dissent from denials of certAs mentioned briefly in this prior post, Justice Scalia got in another complaint about the…
Litigation & Trial
More Selective Statutory Interpretation By The United States Supreme Court
One of the nice things about the being a Justice of the United States Supreme Court is that you never have to explain yourself. You don't have to ask questions…
Constitutional Law Prof Blog
Dictionaries as Legal Authority?
By ConLawProf initials at end of post
As Adam Liptak points out in his NYT column, the use of dictionaries in United States Supreme Court opinions is "booming." Liptak refers to Justice Breyer's criticism of any reliance…
Sentencing Law and Policy
Justice Scalia advocates radical(?) and justified(?) judicial activism to deal with vague ACCA provision
Main June 9, 2011Justice Scalia advocates radical(?) and justified(?) judicial activism to deal with vague ACCA provisionThere are many interest elements to the Supreme Court's work today on the Armed…