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Full-Text Articles in Jurisprudence
Complexity, Judgment, And Restraint, Gerard E. Lynch
Complexity, Judgment, And Restraint, Gerard E. Lynch
Faculty Scholarship
I am honored to have been asked to give this year’s James Madison Lecture. I hesitate to single out any of my extraordinary predecessors at this podium – there are too many great judges to list, and too much risk of slighting any. So I will note only that the list includes both judges for whom I clerked more than forty years ago, Justice William J. Brennan, Jr., and Chief Judge Wilfred Feinberg, of the court on which I now serve. That long-ago law clerk could not have dreamed of being someday in a position once occupied by those two …
Text Over Intent And The Demise Of Legislative History, Thomas W. Merrill, Michael S. Paulsen, Saikrishna Prakash, Lawrence B. Solum, Sandra Segal Ikuta
Text Over Intent And The Demise Of Legislative History, Thomas W. Merrill, Michael S. Paulsen, Saikrishna Prakash, Lawrence B. Solum, Sandra Segal Ikuta
Faculty Scholarship
The following is the transcript of a 2016 Federalist Society panel entitled: Text Over Intent and the Demise of Legislative History. The panel originally occurred on November 17, 2016 during the National Lawyers Convention in Washington, D.C. The participants were: Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School; Prof. Michael S. Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law; Prof. Saikrishna Prakash, James Monroe Distinguished Professor of Law, University of Virginia School of Law; Prof. Lawrence B. Solum, Carmack Waterhouse Professor of Law, Georgetown University Law Center. The moderator was …
'Less' Is 'More'? Textualism, Intentionalism, And A Better Solution To The Class Action Fairness Act's Appellate Deadline Riddle, Adam N. Steinman
'Less' Is 'More'? Textualism, Intentionalism, And A Better Solution To The Class Action Fairness Act's Appellate Deadline Riddle, Adam N. Steinman
Faculty Scholarship
In recent months, federal appellate judges have grappled with an interpretive puzzle that opens a new frontier in the long-running judicial and scholarly debate about statutory interpretation. The landmark but controversial Class Action Fairness Act of 2005 (CAFA) authorizes immediate appeals from certain jurisdictional decisions by district courts, provided that litigants appeal "not less than 7 days after entry of the order." Although the goal of this provision was to set a seven-day deadline for CAFA appeals, the statutory text does precisely the opposite -- it imposes a seven-day waiting period and sets no outer deadline. Federal appellate judges have …
Tools, Not Rules: The Heuristic Nature Of Statutory Interpretation, Morell E. Mullins Sr.
Tools, Not Rules: The Heuristic Nature Of Statutory Interpretation, Morell E. Mullins Sr.
Faculty Scholarship
No abstract provided.