Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
Articles 1 - 23 of 23
Full-Text Articles in Law
Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib
Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib
Journal of Legislation
This Article focuses attention on the New York Court of Appeals, which is decidedly formalist about contract interpretation but decidedly contextualist about statutory interpretation. It explores some recent exemplary cases to show where the New York Court of Appeals tends to land in what turns out to be, for this court at least, two different battlefields in the law of interpretation. Finding that there is “interpretive divergence” between statutory and contract cases, the Article then reflects on the practice of divergence more generally, revisiting assumptions about why anyone might have thought harmonization was sensible in the first place.
Is Title Vii An "Anti-Discrimination" Law?, Anuj C. Desai
Is Title Vii An "Anti-Discrimination" Law?, Anuj C. Desai
University of Colorado Law Review Forum
No abstract provided.
The Forum-Defendant Rule, The Mischief Rule, And Snap Removal, Howard M. Wasserman
The Forum-Defendant Rule, The Mischief Rule, And Snap Removal, Howard M. Wasserman
William & Mary Law Review Online
Samuel Bray’s The Mischief Rule reconceptualizes and revitalizes that venerable canon of statutory interpretation. Bray’s new approach to the mischief rule offers a textual solution to an ongoing civil procedure puzzle—forum defendants and “snap removal.” The forum-defendant rule provides that a diversity case is not removable from state to federal court when a properly joined and served defendant is a citizen of the forum state. Snap removal occurs whena defendant removes before the forum defendant has been properly served, “snapping” the case into federal court. Three courts of appeals and a majority of district courts have endorsed this practice, concluding …
Fight Or Flight: The Ninth Circuit's Advancement Of Textualism During An Era Of Intentionalism In United States V. Lozoya, Zachary Remijas
Fight Or Flight: The Ninth Circuit's Advancement Of Textualism During An Era Of Intentionalism In United States V. Lozoya, Zachary Remijas
Pepperdine Law Review
The modern complexities of global interaction and accessibility have recently forced some federal courts to reconsider standards for determining proper venue for criminal defendants who commit offenses while engaged in transportation, particularly those involving interstate commerce and crimes spanning multiple districts. These courts’ application of two adversarial schools of statutory interpretation—textualism and intentionalism—has driven conflict between textualist jurisdictions adhering to the plain meaning of established constitutional and statutory sources, and intentionalist jurisdictions refraining from the “creeping absurdity” of establishing venue for certain in-transit offenses under the literal meaning of such provisions. This Note endorses the sensibility and superiority of the …
Conspiracy Liability And The Fcpa: The Second Circuit's Rare Interpretation Of The Fcpa In United States V. Hoskins And Its Potential Implications, Morgan R. Knudtsen
Conspiracy Liability And The Fcpa: The Second Circuit's Rare Interpretation Of The Fcpa In United States V. Hoskins And Its Potential Implications, Morgan R. Knudtsen
William & Mary Business Law Review
The scope of the Foreign Corrupt Practices Act (FCPA) is inherently difficult to ascertain. Over time, the SEC and DOJ have privately settled claims under the FCPA, leaving most interpretation to government agencies. Though agency interpretation happens frequently, there has been little interpretation over major questions such as who is subject to the FCPA’s jurisdiction and how far that jurisdiction extends. United States v. Hoskins, which was decided in August 2018, involved the FCPA, conspiracy, and foreign corporate officials. The Second Circuit in its decision subsequently limited the scope of the FCPA, holding that liability cannot extend to foreign …
Comparing Literary And Biblical Hermeneutics To Constitutional And Statutory Interpretation, Robert J. Pushaw Jr.
Comparing Literary And Biblical Hermeneutics To Constitutional And Statutory Interpretation, Robert J. Pushaw Jr.
Pepperdine Law Review
Interpreters determine the meaning of language. To interpret literary and biblical texts, scholars have developed detailed rules, methods, and theories of human understanding. This branch of knowledge, “hermeneutics,” features three basic approaches. First, “textualists” treat words as directly conveying their ordinary meaning to a competent reader today. Second, “contextualists” maintain that verbal meaning depends on generally shared linguistic conventions in the particular historical and cultural environment of the author—and that therefore translations or commentaries are necessary to make the writing intelligible to a modern reader. Third, “hermeneutic circle” scholars argue that texts have no objective meaning. Rather, a person’s subjective …
Half A Century Of Supreme Court Clean Air Act Interpretation: Purposivism, Textualism, Dynamism, And Activism, David M. Driesen, Thomas M. Keck, Brandon T. Metroka
Half A Century Of Supreme Court Clean Air Act Interpretation: Purposivism, Textualism, Dynamism, And Activism, David M. Driesen, Thomas M. Keck, Brandon T. Metroka
Washington and Lee Law Review
This Article addresses the history of the Supreme Court’s interpretation of the Clean Air Act, which now goes back almost half a century. Many scholars have argued that the Court has shifted from an approach to statutory interpretation that relied heavily on purposivism—the custom of giving statutory goals weight in interpreting statutes—toward one that relies more heavily on textualism during this period. At the same time, proponents of dynamic statutory interpretation have argued that courts, in many cases, do not so much excavate a statute’s meaning as adapt a statute to contemporary circumstances.
Confounded Collectors, Confused Consumers: Time To Close The Circuit Split On Whether The Fair Debt Collection Practices Act Requires A Consumer To Dispute A Debt In Writing, Daniel O'Connell
Catholic University Law Review
The Fair Debt Collection Practices Act (FDCPA) provides that a debt collector must notify a consumer that it will assume a debt to be valid unless the consumer challenges the debt within thirty days. The FDCPA does not explicitly require the consumer to challenge the debt in writing. The Third Circuit requires written disputes, while the Second, Fourth, and Ninth Circuits permit oral disputes. This Comment discusses the reasoning and conclusions at play in this circuit split. The Comment argues that while both sides of the debate present meritorious arguments, permitting oral disputes for purposes of rebutting the debt collector’s …
Lessons Unlearned: The Effects Of Statutory Ambiguity And The Interpretative Uncertainty It Injects In The Courts, Carolyn Singh
Lessons Unlearned: The Effects Of Statutory Ambiguity And The Interpretative Uncertainty It Injects In The Courts, Carolyn Singh
University of the District of Columbia Law Review
For centuries, courts have dealt with the challenge of imposing penalties for crimes when governing law changes. Applying the new provisions can be a straightforward exercise for courts, but when legislatures are ambiguous with regard to which law applies-forexample, to pending cases-the courts are forced to interpret what legislatures intended. For some judges, the answer is easily found in the plain meaning of the text. For others, legislative intent can become the deciding factor. Throughout United States history, this has been a manageable yet controversial task, but aside from interpretive differences among judges, creating laws with uncertainty is a dangerous …
How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders, J. Marcus Sommers
How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders, J. Marcus Sommers
Pepperdine Law Review
No abstract provided.
Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso
Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso
Pepperdine Law Review
No abstract provided.
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales
Pepperdine Dispute Resolution Law Journal
This article first argues that to determine the enforceability of a class action waiver, courts should take a "totality of the circumstances" approach rather than adopting a bright-line rule. A set of defined factors that also allows courts to consider real-world issues facing litigants will provide a substantial framework for courts to interpret this area of the law and will lead to more consistent and well-reasoned outcomes in the future. These factors include: the probable size of each class member's individual recovery, the potential for retaliation against class members, the awareness of potential class members that their rights have been …
Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson
Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson
Indiana Law Journal
No abstract provided.
Law-Making Responsibility And Statutory Interpretation, William D. Popkin
Law-Making Responsibility And Statutory Interpretation, William D. Popkin
Indiana Law Journal
No abstract provided.
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos
Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos
Cardozo Law Review
No abstract provided.
Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman
Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman
Cardozo Law Review
No abstract provided.
Criminal Law - Hobbs Act - Application Of The Hobbs Act In Local Political Corruption Prosecutions By The Federal Government, David E. Robbins
Criminal Law - Hobbs Act - Application Of The Hobbs Act In Local Political Corruption Prosecutions By The Federal Government, David E. Robbins
Villanova Law Review
No abstract provided.
Statutory Interpretation: A Peek Into The Mind And Will Of A Legislature, Reed Dickerson
Statutory Interpretation: A Peek Into The Mind And Will Of A Legislature, Reed Dickerson
Indiana Law Journal
No abstract provided.
The Essential Focus Of Statutory Interpretation, Joseph P. Witherspoon
The Essential Focus Of Statutory Interpretation, Joseph P. Witherspoon
Indiana Law Journal
Symposium on Judicial Lawmaking in Relation to Statutes, presented at the Association of American Law Schools' Round Table on Legislation, Philadelphia, December, 1960.
Void For Vagueness: An Escape From Statutory Interpretation
Void For Vagueness: An Escape From Statutory Interpretation
Indiana Law Journal
Constitutional Law Note
Construction Of Written Instruments (Part 2), Richard R. Powell
Construction Of Written Instruments (Part 2), Richard R. Powell
Indiana Law Journal
No abstract provided.