Topic
Statutory Interpretation
510 published works
CAFA Law Blog
Not Tonight Honey, I Have a CAFA Burden of Proof Headache! Maybe Tomorrow After I Figure Out the Local Controversy and Home State Rules.
Lao v. Wickes Furniture Co., No. EDCV 06-448 SGL OPX, 2006 WL 2879763 (C.D. Cal. Oct. 4. 2006). A district judge declared that the Class Action Fairness Act is a…
Legal Writing Prof Blog
statutory interpretation and legislative intent
By legalwriting
A recent North Dakota Supreme Court opinion analyzes the state's recreational use statute and the legislative intent behind it (the dissenting opinion addresses specifically the majority's focus "on the user's…
Land Use Prof Blog
What did Rapanos “hold”?
I vaguely remember a controversy back in the '90s about the reporting of the famous Lucas decision, which set forth a limited ground for property owners to recover from…
The Trademark Blog
When Good Laws Go Bad
We don't have all the facts, but based on this Honolulu Advertiser article, it sounds like an ACPA threat was used to stop political speech.
ImmigrationProf Blog
But More on Fernandez-Vargas
For more on Fernandez-Vargas decision from a statutory interpretation and retroactivity analysis question, click here to link to SCOTUSblog.Jennifer Chacon's comments are right on point about the Supreme Court's analysis.…
Land Use Prof Blog
The Clean Water Act and the Court’s unsatisfying reliance on “tradition”
As many expected, the Supreme Court’s “decision” yesterday in the Clean Water Act cases only further muddied the question of the reach of the law, other than for pollution…
Legal Writing Prof Blog
an interesting statutory construction situation
By legalwriting
So what exactly IS a lap dance? Prosecutors and defense attorneys argued that point in Hennepin County Court in a case involving Vikings football players and their allegedly criminal activities…
Bankruptcy Litigation Blog 2.0
Judge Markell Invokes Justice Antonin Scalia’s Canons of Statutory Construction Over the Philosophical Theories of Ludwig Wittgenstein in Resolving the Judicial Debate Over How to Close BAPCPA’s New “Mansion Loophole”
Bankruptcy Judge Bruce Markell, whose courtroom is in Las Vegas, has written extensively on bankruptcy law topics. His first article, written in 1988 following his becoming a partner in Sidley…
Sentencing Law and Policy
Fantastic review of ’04 SCOTUS term from criminal defense perspective
Main November 6, 2005Fantastic review of '04 SCOTUS term from criminal defense perspectiveFrom the great Ninth Circuit Blog, I just saw a terrific resource examining the October 2004 Supreme Court…
Delaware Corporate & Commercial Litigation Blog
Statutory Interpretation
The Delaware Supreme Court recently ruled in Cantinca v. Fontana , download pdf file, on a statutory interpretation issue of first impression. Specifically, the issue was whether in a civil…