#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

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“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

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“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

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“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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Language of the Cromnibus Party Funding Rider

Here’s the text of the provision unveiled late yesterday (h/t Ray LaRaja), amending 52 U.S.C. 30116 to raise limits on contributions to parties for conventions, headquarters, and recounts. SEC. 101. SEPARATE CONTRIBUTION LIMITS FOR CONTRIBUTIONS MADE TO NATIONAL PARTIES TO SUPPORT PRESIDENTIAL NOMINATING CONVENTIONS, NATIONAL PARTY HEADQUARTERS … 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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“Things Aren’t Going That Well Over There Either: Party Polarization and Election Law in Comparative Perspective”

David Schleicher has posted this draft of SSRN (forthcoming, University of Chicago Legal Forum).  Here is the abstract: One of, if not the, most important change in American political life over the last 30 or so years has been the rise … Continue reading

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