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Full-Text Articles in Law
Preemption And Textualism, Daniel J. Meltzer
Preemption And Textualism, Daniel J. Meltzer
Michigan Law Review
In the critically important area of preemption, the Supreme Court’s approach to statutory interpretation differs from the approach it follows elsewhere. Whether in politically salient matters, like challenges to Arizona’s immigration laws, or in more conventional cases, such as those in which state tort liability overlaps with federal regulation, the Court’s preemption decisions reflect a highly purposive approach to reading statutes, most notably through the application of “obstacle preemption” analysis. Recently, however, Justice Thomas has objected to the Court’s failure in preemption cases to respect its more textualist approach to issues of statutory interpretation, and he has urged that obstacle …
Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia
Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Civil Procedure—Property Improvement Claims—A History And Recommendation For Arkansas's Lone True Statute Of Repose, Luke K. Burton
Civil Procedure—Property Improvement Claims—A History And Recommendation For Arkansas's Lone True Statute Of Repose, Luke K. Burton
University of Arkansas at Little Rock Law Review
Determining the proper defendant for construction defects is largely dependent on the timing of the defect. Particularly, the sooner the defect develops after completion, the more likely that someone involved in the construction process is responsible. However, as time passes from the completion of construction to the development of a problem, it is more likely that the problems are the result of ordinary wear and tear rather than defective design or construction. Ark. Code Ann. § 16-56-112 (Statute) was enacted to manage these issues of timing and responsibility for construction defects by providing that homeowners may not bring suit against …