Topic
Statutory Interpretation
508 published works
Legal Theory Blog
Slocum & Tobia on Pragmatic Textualism
Brian Slocum (Florida State University - College of Law) & Kevin Tobia (Georgetown University Law Center; Georgetown University - Department of Philosophy) have posted Pragmatic Textualism on SSRN. Here is…
Legal Theory Blog
Roosevelt on Choice of Law and Statutory Interpretation
Kermit Roosevelt (University of Pennsylvania Law School) has posted Choice of Law and Statutory Specifications of Scope (Journal of Transnational Law & Policy, Vol. 34, p. 49, 2025) on SSRN.…
Legal Theory Blog
Whiteley on Sackett v. EPA
Jack Whiteley (University of Minnesota School of Law) has posted The Clean Water Act and Avoidance Creep (109 Minnesota Law Review 3053 (2025)) on SSRN. Here is the abstract: In…
Last Month at the Supreme Court
Decision Alert: Supreme Court Holds That Agencies’ Interpretations of the Hobbs Act Do Not Bind District Courts in Civil Enforcement Proceedings
By Chantel Febus, James Azadian, Monika Harris
In a 6-3 decision, the Supreme Court heldthat the Hobbs Act, which grants federal courts of appeals exclusive jurisdiction to review agency orders, does not prevent district courts from independently…
Last Month at the Supreme Court
Decision Alert: Supreme Court Unanimously Expands Scope of Wire Fraud
By Chantel Febus, James Azadian, Ryan VanOver
If you get what you paid for, can you still cry fraud? The Supreme Court answered that question in Kousisis v. United States, unanimously holding that the federal wire fraud…
PrawfsBlawg
On Reading Statutes
Main Sunday, June 29, 2025On Reading StatutesOne issue if and when the Court reaches the merits on birthright citizenship is the instability created by leaving that determination to executive discretion.…
Legal Theory Blog
Solum on Pragmatics and Textualism
Lawrence B. Solum (University of Virginia School of Law) has posted Pragmatics and Textualism (33 Journal of Law and Policy 2-111 (2025)) on SSRN. Here is the abstract: In theoretical…
Gender and the Law Prof Blog
SCOTUS Unanimously Rules in Reverse Discrimination Case to Reject Heightened Standard for Majority Group Claims
By Tracy Thomas
Ames v. Ohio Department of Youth Services (6/5/2025) Justice Jackson for the majority opinion for a unanimous Court.Key takeaways:The Sixth Circuit’s “background circumstances” rule—which requires members of a majority group…
PrawfsBlawg
“Subject to the Jurisdiction” in Criminal Law
Main Monday, May 26, 2025"Subject to the Jurisdiction" in Criminal LawI've mentioned in some posts that the phrase "subject to the jurisdiction" of the United States has always been understood…
Legal Theory Blog
Chaudhary on Legislative Intention
Gauresh Chaudhary (National Law School of India University) has posted Is the intention of the legislator a good guide to interpretation? on SSRN. Here is the abstract: This academic paper…