NYT’s “The Upshot:”
If you’re a United States senator thinking about retiring before the November 2016 elections, the clock is ticking.
Since 1991, more than 80 percent of senators who have announced their retirements already did so by January of… Continue reading
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
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
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
She tells MSNBC:
“The current Congress is not equipped really to do anything,” she said. “The kind of result that we got in the Ledbetter case is not easily achieved today. Someday, we will go back to having the… Continue reading