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Statutory Interpretation

510 published works

  1. Sentencing Law and Policy

    Intriguing split First Circuit ruling on sentence for failing to appear

    By Douglas Berman

    Main August 21, 2007Intriguing split First Circuit ruling on sentence for failing to appearAnyone interested in statutory interpretation as well as sentencing should check out the First Circuit's work today…

  2. Civil Procedure & Federal Courts Blog

    Restyled Rules: Pros and Cons

    By Civil Procedure & Federal Courts Blog

    On December 1, 2007, unless Congress intervenes, the “restyled” Federal Rules of Civil Procedure will take effect. The restyling was not intended to alter any meanings; it was intended only…

  3. Civil Procedure & Federal Courts Blog

    A Sleeper Case–Bowles v. Russell

    By Civil Procedure & Federal Courts Blog

    A few days ago, I promised to post on Bowles v. Russell, which Rory previously addressed here. I am expressing my thoughts in more detail in an essay titled “Jurisdictionality…

  4. Civil Procedure & Federal Courts Blog

    More on Watson

    By Civil Procedure & Federal Courts Blog

    Today the Supreme Court unanimously reversed and remanded (as expected), holding that Philip Morris improperly removed under the Federal Officer Removal Act, 28 U.S.C. s1442(a)(1). Plaintiffs sued Philip Morris in…

  5. Delaware Corporate & Commercial Litigation Blog

    Statutory Construction and the “Absurdity Doctrine” or “Scrivener’s Error” Exception.

    By Francis Pileggi

    In the case titled: In Re Last Will and Testament of Palecki, 2007 WL 1229498 ( Del. Ch., April 26, 2007 ), read opinion here,  the Chancery Court provides a thorough…

  6. Sentencing Law and Policy

    A written opinion from the Seventh Circuit in the Georgia Thompson case

    By Douglas Berman

    Main April 20, 2007A written opinion from the Seventh Circuit in the Georgia Thompson caseThough not as remarkable as its initial decision to order an acquittal right after oral argument,…

  7. Sentencing Law and Policy

    A few quick reactions toJames

    By Douglas Berman

    Main April 18, 2007A few quick reactions to JamesA too-quick read of today's James opinion (basics here) prompts these first-cut reactions:1. Except for Justice Thomas (who pens a brief solo…

  8. Delaware Corporate & Commercial Litigation Blog

    Disinherited Son Loses Statutory Construction Claim

    By Francis Pileggi

    Weiss v. Weiss, (Del. Ch., Feb. 15, 2007), 2007 WL 522290, read opinion here, is a Chancery Court decision that I post on this blog for its useful insights into,…

  9. inversecondemnation.com

    ▪ 2006 Land Use in Review: Depends What the Meaning of “Shall” Is

    By Robert H. Thomas

    When a statute or ordinance states that an agency "shall" do something, but because of practical limitations or longstanding practice the agency does something else, what will a court do…

  10. Drug & Device Law

    The Presumption Against Preemption

    By Bexis

    Preemption, of course, can be a valuable defense in pharmaceutical and medical device product liability cases. The presumption against preemption originated in “field” preemption cases. In a sentence, field preemption…