Category Archives: statutory interpretation
Today’s #SCOTUS Yates Ruling Tells Us Nothing About Obamacare Challenge: Analysis
Over at the CAC, Brianne Gorod sees good things for the government’s position in King v. Burwell based on today’s ruling in the Yates (fish) case at the Supreme Court:
With the Supreme Court scheduled to hear oral argument inKing… Continue reading
#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 … Continue reading
“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
Fordham Law Review Symposium on Chevron at 30
Very important for Legislation and ad law folks.
“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
Linda Greenhouse NYT Column on Statutory Interpretation Issues in #SCOTUS Obamacare Lawsuit
Here.
“Dueling Canons”
Anita Krishnakumar has posted this draft on SSRN. Here is the abstract:
This Article offers the first targeted study of the Supreme Court’s use of the canons and other tools of statutory interpretation in a “dueling” manner — i.e., to… Continue reading
“The Sherlock Holmes Canon”
Anita Krishnakumar has posted this draft on SSRN. Here is the abstract:
Many of the Supreme Court’s statutory interpretation cases infer meaning from Congress’s failure to comment in the legislative record. Colorfully referred to as the “dog that did not… Continue reading
“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
“International Conference: Legisprudence and the Legislative Process: From Theory to Practice”
A great event Dec. 10-11 in Israel that I was hoping to attend but could not because of a scheduling conflict.
“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… Continue reading
“There Is No ‘Glitch’ in Obamacare”
Simon Lazarus for TNR.
“Should Judges Judge?: The Affordable Care Act, Subsidies, and Judicial Engagement”
Bill Maurer on textualism, responding in part to my Slate piece, Bad Readers.