While textualists want to only focus on the actual text of the statute, the purpose of statutory interpretation, in my ...
A seemingly routine Sixth Circuit appeal involving the interpretation of the federal Employee Retirement Income Security Act statute (ERISA) recently sparked an interesting debate between two Circuit ...
In April 2021, a developer applied to the City of King City, California (City), for a proposed 18,000-square-foot Grocery Outlet store (Project). The Project site was a former 1.6-acre car sales lot ...
Supreme Court Associate Justice Elena Kagan discussed what she described as “remarkable” changes in interpretation of statutory law in a conversation with law professor John F. Manning ’82 during an ...
Today’s 8-1 ruling in Badgerow v. Walters on an arcane issue under the Federal Arbitration Act displays a sharp divide between the textualism of Justice Kagan’s majority opinion and the ...
On Monday, the Supreme Court sided with the government in a pair of cases brought by noncitizens who are under deportation orders and were in lengthy detention, rejecting lower courts’ ...
Below, Harvard Law School’s Leif Overvold recaps Tuesday’s oral argument in United States v. O’Brien and Burgess. Leif’s earlier preview of the case is available here. For more information, check the ...
An analysis of the conflict that exists between the Amended Guaranty Law's explicit statutory language and the City Council's newly published declaration of legislative intent and findings. The ...
The interpretation of statutes is so often decisive in cases of national importance, which touch all our lives. Specifically, I want to talk with you about how courts are relinquishing the power to ...
Paul is a Senior Legal Research Fellow in the Meese Center for Legal and Judicial Studies at The Heritage Foundation. With regard to cases involving issues of statutory interpretation, the difference ...
The Connecticut Supreme Court clarified the meaning of the word "submit" in a statute regarding the annual submission of income and expense information of property used for producing rental income.
When I was still in college, co-conspirator Nick Rosenkranz published a justly famous article called “Federal Rules of Statutory Interpretation,” arguing that Congress could and should authorize ...