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- Canons of construction (2)
- Statutory interpretation (2)
- Abbe Gluck (1)
- Common Use Standard (1)
- Confirmatory legislative history (1)
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- District of Columbia v. Heller (1)
- Firearm Regulation (1)
- Interpretive consensus (1)
- Labor relations (1)
- Laboratories of Statutory Interpretation (1)
- McDonald (1)
- Methodological stare decisis (1)
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- Philip Krickey (1)
- Right to Arms (1)
- Statutory construction (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Gathering Moss: The Nrla's Resistance To Legislative Change , James J. Brudney
Gathering Moss: The Nrla's Resistance To Legislative Change , James J. Brudney
Faculty Scholarship
Why has the NLRA been so resistant to legislative change for more than 60 years? How was Congress able to enact two major labor relations laws within a 12-year period (1935 and 1947) but then unable to approve proposed reforms in the years since 1947? In an effort to answer these questions, the article closely examines contemporaneous newspaper accounts from the 1935 and 1947 legislative “successes” as well as from two more recent congressional “failures” in 1978 and 1992. The article’s examination proceeds based on an analytic framework borrowed from political scientist John Kingdon that posits a recurring interplay among …
Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson
Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson
Faculty Scholarship
This article anticipates the post-McDonald landscape by assessing the right to arms in the context of several state regulations and the arguments that might be employed as challenges to them unfold. So far, the core test for determining the scope of the individual right to arms is the common use standard articulated in District of Columbia v. Heller. Measured against that, standard firearm regulations fit into three categories. The first category contains laws that are easily administered under the common use standard. The second category – and the primary focus of this article – consists of laws that can be …
The Costs Of Consensus In Statutory Construction, Ethan J. Leib, Michael Serota
The Costs Of Consensus In Statutory Construction, Ethan J. Leib, Michael Serota
Faculty Scholarship
Finding methodological consensus for statutory interpretation cases is all the rage these days.1 Some in the academy sing the praises of a singular judicial approach to questions of statutory interpretation and bemoan the frustrations associated with judges implementing a mélange of interpretive techniques. And now, thanks to Abbe Gluck’s authoritative article, Laboratories of Statutory Interpretation, proponents of interpretive uniformity have evidence that some state courts seem to be applying methodological stare decisis to decide questions of statutory interpretation. After exhaustive reading and analysis of state statutory interpretation cases—cases that have received far less attention than their federal counterparts—Gluck describes several …
Confirmatory Legislative History , James J. Brudney
Confirmatory Legislative History , James J. Brudney
Faculty Scholarship
Textualists and intentionalists regularly lock horns over the proper approach to construing statutory language regarded as inconclusive. The interpretive debate seems less contentious, however, when the words of the law are deemed clear. There may be reasonable disagreement as to whether the text at issue in a particular controversy has a plain meaning, but if it does then that meaning arguably preempts further inquiry. Since 1990, Supreme Court majority opinions are replete with declarations such as: "Given [a] straightforward statutory command, there is no reason to resort to legislative history"; or "we do not resort to legislative history to cloud …
Canon Shortfalls And The Virtues Of Political Branch Interpretive Assets Tribute Issue In Honor Of Philip P. Frickey: Festschrift, James J. Brudney
Canon Shortfalls And The Virtues Of Political Branch Interpretive Assets Tribute Issue In Honor Of Philip P. Frickey: Festschrift, James J. Brudney
Faculty Scholarship
As a legislation scholar, Philip Frickey was present at the creation.I Along with his coauthor William Eskridge, Frickey reconceptualized the field of legislation and statutory interpretation. In doing so, he opened the door to an unparalleled period of inquiry and debate about the meaning of statutes, among both judges and academics. The Eskridge and Frickey casebook, published in 1988, was justly hailed by Judge Richard Posner as having "done for legislation what Hart and Sacks did for legal process, or Hart and Wechsler for federal courts: it has demonstrated the existence of a subject." Over the ensuing two decades, Frickey …