“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

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“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

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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

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“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

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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

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“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

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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

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“Sub-Regulating Elections”

Jennifer Nou has posted this draft on SSRN (forthcoming, Supreme Court Review).  Here is the abstract: Agency deadlocks are a recurring feature of election-related administrative agencies. Such agencies are often designed by Congress with even-numbered bipartisan commissions with majoritarian voting … Continue reading

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“Statutory Interpretation from the Inside – An Empirical Study of Congressional Drafting, Delegation and the Canons: Part II”

Abbe Gluck and Lisa Schultz Bressman have posted this draft on SSRN (forthcoming, Stanford Law Review).  This moves to the top of my statutory interpretation reading pile. Here is the abstract: This is the second of two Articles relaying the … Continue reading

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“Constitutional Interpretation and Congressional Overrides: Changing Trends in Court-Congress Relations”

Ryan Emenaker has posted this draft on SSRN. Here is the abstract: National policy is shaped through frequent interaction between the Court and Congress. The Court devotes the largest portion of its work to applying and interpreting congressional statutes. Congress … Continue reading

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“Statutory Interpretation from the Inside — An Empirical Study of Congressional Drafting, Delegation and the Canons: Part I”

Abbe Gluck and Lisa Schultz Bressman have posted this draft on SSRN (forthcoming Stanford Law Review).  This looks to be a top-of-the-pile must read. Here is the abstract: What role should the realities of the legislative drafting process play in … Continue reading

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