“Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 1967–2011″

Matthew Christiansen and Bill Eskridge have posted this draft on SSRN (forthcoming Texas Law Review).  Here is the abstract: In 1991, one of us published a groundbreaking study demonstrating that Congress frequently overrides Supreme Court statutory interpretation decisions. The intervening … Continue reading

Share

Re: From the Hobby Lobby oral argument: Should legislation passed by unanimous vote be invalidated or narrowly construed?

Will Baude’s Washington Post piece raises an interesting significance-of-the-legislative-process question. While Will (and the Court) frames the issue in constitutional terms, it has obvious statutory interpretation implications as well. Just a few things that popped out at me while reading … Continue reading

Share

“The Last Days of Disco: Why the American Political System is Dysfunctional”

Jack Balkin has posted this draft on SSRN (Boston U. Law Review).  Here is the abstract: Today, America’s political system seems remarkably dysfunctional. Many people believe that our 225-year-old Constitution is the problem. But what looks like constitutional dysfunction is … Continue reading

Share

“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

Share