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
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
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
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
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
Glen Staszewski has posted this draft on SSRN (Boston University Law Review). Here is the abstract:
This Article criticizes a recent movement toward making statutory interpretation simpler and more uniform. The trend is reflected by proposals to adopt codified rules… Continue reading
Rick posted yesterday on an Arkansas registrar’s decision to cancel the registration of Leslie Rutledge, a candidate for state AG, after it was brought to the registrar’s attention that Ms. Rutledge had been registered in another state. One of the… Continue reading
Oral argument in the Kansas Supreme Court has now completed in the case of Kobach v. Taylor, on the question whether Taylor’s name can be removed from the Kansas U.S. Senate ballot. The issue is especially important with incumbent… Continue reading