Topic
Statutory Interpretation
511 published works
Constitutional Law Prof Blog
VAWA Applies to Same-Sex Partners, OLC Opines
By ConLawProf initials at end of post
The Office of Legal Counsel yesterday released an opinion (dated April 27, 2010) concluding that the criminal provisions in the Violence Against Women Act (VAWA) apply when the victim and offender are…
Sentencing Law and Policy
Fascinating sentencing dogs that did not end up barking inBarber
Main June 7, 2010Fascinating sentencing dogs that did not end up barking in Barber The fact that many folks went to law school in order to avoid math may itself…
Sentencing Law and Policy
Some intriguing who and how dynamics in theCarrruling reversing sex offender’s SORNA conviction
Main June 1, 2010Some intriguing who and how dynamics in the Carr ruling reversing sex offender's SORNA convictionThe substance of the Supreme Court's opinion this morning in Carr (basics here),…
Sentencing Law and Policy
Notable statutory interpretation embrace of a basic offense/offender distinction for elements and sentencing factors
Main May 24, 2010Notable statutory interpretation embrace of a basic offense/offender distinction for elements and sentencing factors As long-time readers or hard-core sentencing fans may know, when I was first…
Legal Profession Blog
Nurse Is Not Fiduciary To Hospital Employer
The web page of the Ohio Supreme Court reports:(May 5, 2010) The Supreme Court of Ohio ruled today that a nurse employed in a hospital, who steals drugs in the…
Litigation & Trial
Univ. of Chicago Professors and Judges Debate “Ambiguity About Ambiguity”
The University of Chicago Law School Faculty Blog is hosting a debate over a new paper, Ambiguity About Ambiguity: An Empirical Inquiry Into Legal Interpretation written by Ward Farnsworth, Dustin F.…
Labor Law Prof Blog
Befort on “Regarded As” as a Congressional Do-Over
Steve Befort (Minnesota) has just posted on SSRN his article (forthcoming Utah L. Rev.) Let's Try this Again: the ADA Amendments Act of 2008 Attempts to Reinvigorate the 'Regarded As'…
Labor Law Prof Blog
Reading the Tea Leaves of New Process Steel Oral Argument
Although I posted earlier today over at the ACSBlog my thoughts on the New Process Steel case that was argued today in the U.S. Supreme Court, now that the oral…
Labor Law Prof Blog
The Limits of Texts — No Double Incorporation by Reference
At the risk of piling on to Margaret Moses's attack in judicial abuses of textualism, I'd like to revisit Serwatka v. Rockwell Automation, which Marcia reported about a month ago. Serwatka…
Civil Procedure & Federal Courts Blog
Gluck on States as Laboratories of Statutory Interpretation
By Civil Procedure & Federal Courts Blog
Prof. Abbe Gluck (Columbia) has posted on SSRN her article Consensus Textualism: States as Laboratories of Statutory Interpretation, 119 Yale L.J. ___ (forthcoming May 2010). Here's the abstract: This Article…