#SCOTUS Decides One of Its Most Important Noscitur a Sociis/Ejusdem Generis Cases Ever

Today the Court divides 5-4 on whether “records and documents” are similar to “fish and crocodiles” in some meaningful way. It’s a party for statutory interpretation geeks. Really interesting to watch Justice Kagan write a super-snarky dissent (is the the second … Continue reading

Share

“Executive Discretion and the Rule of Law: A Positive Analysis of Presidential Signing Statements”

Dan Rodriguez, Edward Stiglitz, and Barry Weingast have posted this draft on SSRN.  Here is the abstract: Executive discretion over policy outcomes is an inevitable feature of our political system. However, our commitment to separation of powers constrains this discretion; … Continue reading

Share

“Elementary Statutory Interpretation: Rethinking Legislative Intent and History”

Victoria Nourse has posted this draft on SSRN (Boston College Law Review).  Here is the abstract: This article argues that theorists and practitioners of statutory interpretation should rethink two very basic concepts — legislative intent and legislative history. Textualists urge … Continue reading

Share

“Denying Deference: Civil Rights and Judicial Resistance to Administrative Constitutionalism”

Bertrall Ross has posted this draft on SSRN (University of Chicago Legal Forum).  Here is the abstract: What determines the level of deference the Supreme Court gives to agency interpretations of statutes? One explanation is that deference choices accord with … Continue reading

Share

“Response: Conscious Congressional Overriding of the Supreme Court, Gridlock, and Partisan Politics”

Jim Buatti and I have posted this draft on SSRN (forthcoming, Texas Law Review See Also).  Here is the abstract:   In a pathbreaking 1991 study of congressional overrides, Yale law professor William N. Eskridge found a rise during the 1970s … Continue reading

Share

Now Available: Hasen, Legislation, Statutory Interpretation, and Election Law: Examples and Explanations

[Bumping to the top for the start of classes.] [UPDATE: You can now order the book at Amazon, or electronically as a Kindle Book, or directly from the publisher.] I am happy to announce that you can now buy my … Continue reading

Share

“Bad Readers: The judges who ruled against Obamacare are following Scalia down a terrible path of interpretation.”

I have written this new Jurisprudence essay for Slate. It begins: Unless you are a lawyer or a glutton for punishment, you probably want to avoid reading the new D.C. Circuit and 4th Circuit opinions reaching conflicting results on the … Continue reading

Share

Justice Scalia Dissent in Aereo Case Says It is Lawyers’ Jobs to Exploit Statutory Loopholes, and Congress’s Job, Not the Court’s Job, To Fix Them

He writes: It is not the role of this Court to identify and plug loopholes. It is the role of good lawyers to identify and exploit them, and the role of Congress to eliminate them if it wishes. Congress can … Continue reading

Share

“Academic highlight: Congressional overrides of Supreme Court decisions”

Amanda Frost writes at SCOTUSBlog about Christiansen and Eskridge, Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 1967–2011 (Texas Law Review). My earlier coverage is here; and I will be writing a response with Jim Buatti for the Texas Law Review … Continue reading

Share

As Predicted, Congressional Override of SCOTUS on Child Pornography Proceeds Full Speed Ahead

Back in April I explained why conditions were right, despite great political polarization, for Congress to override the Supreme Court’s statutory decision in Paroline v. US on the right of child pornography victims to obtain restitution. And very quickly now … Continue reading

Share