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 ...
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 ...
The Trump Administration is refusing to defend a D.C. Circuit decision upholding a flawed energy conservation ruie.
When a private lender fails to respond promptly to a consumer’s claim that it falsely presented the consumer’s borrowing history, Congress established under the Fair Credit Reporting Act that the ...
On Friday, May 19, 2017, a federal appellate court struck down an integral part of the FAA’s attempt to safely monitor and integrate small unmanned aerial systems (“sUAS”) into the national airspace.
Dahda v. United States arguably poses a clash between two of the Supreme Court’s recent passions: strict adherence to statutory texts and cutting back on the exclusionary rule. This tension is unusual ...
"Appellate judges spend virtually every working hour speaking, listening to, reading, or writing English prose. Statutes are written in English prose, and interpretation is not a technical exercise to ...
A frequent maxim of statutory interpretation is the so-called “plain meaning” rule — that judges should consider legislative history, statutory purpose, the statute’s title and whatever else, if and ...
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.