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

[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 new book, Legislation, Statutory Interpretation and Election Law: Examples … 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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“The Federal Common Law of Statutory Interpretation: Erie for the Age of Statutes”

Abbe Gluck has posted this draft on SSRN (William & Mary Law Review).  Here is the abstract: Modern statutory interpretation is a field dominated by court-created legal presumptions. Federal judges have created hundreds of default rules that range from subject-specific … Continue reading

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