Topic
Statutory Interpretation
508 published works
Appellate Law Blog
Visual Pak Redux: Second Guessing the Erie Guess
By Tressler LLP
The Illinois Appellate Court for the First District issued an opinion on December 19, 2023, in Nat’l Fire Ins. Co. of Hartford & Cont’l Ins. Co. v. Visual Pak Co., Inc., 2023…
Drug & Device Law
Limits to Loper Bright
By Bexis
In our two prior posts, Loper Bright Likely Lays Lohr Low, and Could Loper Bright Finally Do in FDA’s Rickety Off-Label Speech Ban?, we focused on ways that Supreme Court’s…
SALT Shaker
Ambiguous allocation and apportionment statutes should favor taxpayers
By Jeffrey Friedman, John Ormonde
Courts have formulated more than a dozen legal canons of statutory construction specific to tax. In the October 2024 installment of “A Pinch of SALT” in Tax Notes State, Eversheds…
Consumer Finance Monitor
Supreme Court accepts case seeking to determine whether district courts must accept FCC’s interpretation of TCPA
The U.S. Supreme Court has agreed to consider a case that could clarify whether the Hobbs Act, which limits judicial review of FCC final orders to appeals courts, means that…
PrawfsBlawg
Pete Rose, the Hall, and competing statutory interpretation
Main Tuesday, October 01, 2024Pete Rose, the Hall, and competing statutory interpretationGiven news that Pete Rose died Monday at age 83, I re-up this post discussing two TV documentaries (one…
California Corporate & Securities Law Blog
Has California Just Declared A Fish To Be The "Official State Crustacean"?
California is a biologically confused state. Section 45 of the California Fish & Game Code defines "fish" to mean a "wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or…
Appellate Advocacy Blog
A Primer on Ninth Circuit Binding Dicta: Judge Forrest’s Stein v. Kaiser Concurrence
Early in law school, you probably learned that dicta is non-binding. Later, you also probably realized that application of this dicta rule, like so many other rules, depends. For example,…
ImmigrationProf Blog
Immigration Article of the Day: Strict Construction of Deportation Statutes After Loper Bright by Nancy Morawetz
Strict Construction of Deportation Statutes After Loper Bright by Nancy MorawetzAbstractThe Supreme Court’s decision in Loper Bright calls on courts to apply a broad range of rules of statutory construction instead…
Last Month at the Supreme Court
Decision Alert: Supreme Court Holds Government Must Show Jan. 6 Defendant Impaired or Attempted To Impair the Availability or Integrity of Evidence to Convict Him of Obstructing Congress’s Efforts To Certify the 2020 Election
By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, A. Joseph Duffy IV, Dykema
On June 28, 2024, the Supreme Court held in Fischer v. United States that, to prove a violation of 18 U.S.C. § 1512(c)(2), the government must establish a defendant impaired…
Triage Health Law
A New Era in Healthcare Regulation & Compliance
By Kayla Mendez
Loper Bright Shifts Statutory Interpretation Powers Back to the Courts. On June 28, 2024, the Supreme Court overturned the Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo. Under Chevron,…