“Democrats Make Advances, but House Still Proves Elusive”

John Harwood NYT: From one vantage point, recent advances on race, gay rights and health care give the impression of powerful momentum for America’s liberal Democrats. But inside one of Washington’s power centers, they are running straight into a wall … Continue reading

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“After the Override: An Empirical Analysis of Shadow Precedent”

Brian Broughman and Deborah Widiss have posted this draft on SSRN.  Here is the abstract: Abstract: The ability of Congress to override judicial interpretations of statutory language is central to legislative supremacy. Both political science and legal scholarship assume, often … Continue reading

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#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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