Jonathan H. Adler is the Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law. He is a regular ...
The following is a series of questions posed by Ronald Collins on the occasion of the publication of Judging Statutes (Oxford University Press), by Chief Judge Robert Katzmann of the U.S. Court of ...
Unlike the relatively straightforward de novo standard of review of the legal determinations of a court, judicial review of an administrative agency's legal determinations is more complex, especially ...
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 ...
Yale law professor Abbe Gluck brings a wealth of experience "dealing with, talking to, negotiating with, listening to this enormous variety of governance speakers," a crucial skill for the chief judge ...
To many, robocalls have become one of the more annoying aspects of modern communications. Last year, the United States Supreme Court noted that in 2019 the federal government received 3.7 million ...
Judges sometimes make reference to the temporal aspects of interpretation and insist that they are seeking the meaning of the text at the time it was drafted. Yet in practice, judges often ignore the ...
I appreciate this opportunity to guest blog on the Volokh Conspiracy about my latest article, posted on SSRN a few weeks ago, entitled Ordinary Meaning as Last Resort: The Meaning of "Undue Hardship" ...
Do the Ene Doctrine and its "reverse-Erie" mirror require state and federal courts to apply one another's statutory interpretation methodologies when they interpret one another's statutes?
For all of you who prefer reading about Justice Scalia's debates about statutory-interpretation to those about Jack Bauer, we want to highlight a fun volley between Justices Scalia and Stevens in ...
Chevron, U.S.A., Inc. v. NRDC, Inc. established a two-step framework for courts to apply when reviewing an agency's construction of a statute, commonly known as "Chevron Deference." Since its decision ...
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