Topic
Statutory Interpretation
511 published works
Sentencing Law and Policy
Off to DC to get a front-row view ofTapiaargument as second chair
Main April 17, 2011Off to DC to get a front-row view of Tapia argument as second chairAs noted in this prior post, I had the pleasure and honor of helping…
White Collar Crime Prof Blog
Ninth Circuit Says Predicates for Section 1028A Are Merely Descriptive
By Ellen Podgor
A Ninth Circuit opinion in United States v. Harrell examines a question of first impression for the 9th Circuit: "whether the 'relating to' parentheticals within 18 U.S.C. s 1028A(c) limit the statute's otherwise…
Sentencing Law and Policy
Seventh Circuit rejects FSA’s application to defendants sentencedafterit changed crack statutes
Main March 12, 2011Seventh Circuit rejects FSA's application to defendants sentenced after it changed crack statutesWhile I was checking out lots of culture and humanity in Las Vegas yesterday (explanation…
Sentencing Law and Policy
Long, thoughtful (and wrong?) new opinion on FSA application to pending cases
Main January 21, 2011Long, thoughtful (and wrong?) new opinion on FSA application to pending casesAs regular readers may recall, aided by a helpful lawyer in NYC litigating a Fair Sentencing…
Legal Writing Prof Blog
statutory construction at its finest . .
According to the Washington Post, a Virginia man cited for driving by a school bus with its lights flashing and stop sign extended was found not guilty by a Fairfax…
Sentencing Law and Policy
Adding my two cents concerning application of the FSA to pending cases
Main October 24, 2010Adding my two cents concerning application of the FSA to pending casesAs I noted in recent posts here and here, I think some courts have been a…
Securities Law Prof Blog
Pritchard on Securities Law in Roberts Court
Securities Law in the Roberts Court: Agenda or Indifference?, by Adam C. Pritchard, University of Michigan Law School, was recently posted on SSRN. Here is the abstract:Historically, securities law has…
Sentencing Law and Policy
“When freeing criminal defendants is conservative”
Main September 8, 2010"When freeing criminal defendants is conservative" The title of this post is the headline of this terrific commentary by Marie Gryphon in the "Supreme Court Insider" section…
Sentencing Law and Policy
Notable Ninth Circuit ruling concerning garbage and the rule of lenity
Main September 2, 2010Notable Ninth Circuit ruling concerning garbage and the rule of lenityThough not a sentencing case, I could not resist posting about an interesting split criminal statutory law…
Labor Law Prof Blog
Recently Published Scholarship
Craig Nadeau, Respecting Congress's Express Intent: Correcting the Split Allowing Unions an Implied Right of Action Under LMRDA Section 501, 59 Catholic U. L. Rev. 821 (2010).Jeanne Hayes, Female Fertility…