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Full-Text Articles in Jurisprudence
Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod
Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod
Indiana Law Journal
In a series of recent split decisions interpreting criminal and tort-like legislation, the Supreme Court has purported to give statutory causation requirements their ordinary, plain meaning. Armed with dictionaries, examples from everyday speech, and commonsense intuitions, the Court’s majority has explained that statutory phrases like “because of” and “results from” entail but-for causation as a matter of ordinary usage. There’s just one problem: The Court’s majority (and the many state and federal courts following its lead) is wrong on the facts—specifically, the facts about how people ordinarily interpret, understand, and use causal language.
This Article considers a novel approach to …
The Post-Alice Jurisprudence Pendulum And Its Effects On Patent Eligible Subject Matter, John Robert Sepúlveda
The Post-Alice Jurisprudence Pendulum And Its Effects On Patent Eligible Subject Matter, John Robert Sepúlveda
Touro Law Review
No abstract provided.
Supreme Silence And Precedential Pragmatism: King V. Burwell And Statutory Interpretation In The Federal Courts Of Appeals, Michael J. Cedrone
Supreme Silence And Precedential Pragmatism: King V. Burwell And Statutory Interpretation In The Federal Courts Of Appeals, Michael J. Cedrone
Marquette Law Review
This Article studies statutory interpretation as it is practiced in the federal
courts of appeal. Much of the academic commentary in this field focuses on the
Supreme Court, which skews the debate and unduly polarizes the field. This
Article investigates more broadly by looking at the seventy-two federal
appellate cases that cite King v. Burwell in the two years after the Court issued
its decision. In deciding that the words “established by the State” encompass
a federal program, the Court in King reached a pragmatic and practical result
based on statutory scheme and purpose at a fairly high level of …