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Articles 31 - 42 of 42
Full-Text Articles in Law
Why John Mccain Was A Citizen At Birth, Stephen E. Sachs
Why John Mccain Was A Citizen At Birth, Stephen E. Sachs
Stephen E. Sachs
Senator John McCain was born a citizen in 1936. Professor Gabriel J. Chin challenges this view in this Symposium, arguing that McCain’s birth in the Panama Canal Zone (while his father was stationed there by the Navy) fell into a loophole in the governing statute. The best historical evidence, however, suggests that this loophole is an illusion and that McCain is a "natural born Citizen" eligible to be president.
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Donald J. Kochan
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …
The California Supreme Court’S Unlawful Use Of Legislative History To Interpret Unambiguous Statutes During Its 2005 Term, Dylan B. Carp
The California Supreme Court’S Unlawful Use Of Legislative History To Interpret Unambiguous Statutes During Its 2005 Term, Dylan B. Carp
ExpressO
A large part of the California Supreme Court’s job is to interpret the statutes that the California Legislature has enacted. The Court has developed clear rules for this task. One of the rules is that courts may rely on legislative history if and only if the statute being interpreted is ambiguous. However, as a review of the Court’s recent Term from September 2005 to August 2006 reveals, the Court consistently violates this important rule. This article considers four cases in which the Court used legislative history to “confirm” the meaning of an unambiguous statute, and one case in which the …
Sausage-Making, Pigs' Ears, And Congressional Expansions Of Federal Jurisdiction: Exxon Mobil V. Allapattah And Its Lessons For The Class Action Fairness Act, Adam N. Steinman
Sausage-Making, Pigs' Ears, And Congressional Expansions Of Federal Jurisdiction: Exxon Mobil V. Allapattah And Its Lessons For The Class Action Fairness Act, Adam N. Steinman
Faculty Scholarship
The year 2005 witnessed two watershed developments in federal jurisdiction: the U.S. Supreme Court's decision in Exxon Mobil Corp. v. Allapattah Services, Inc. and the enactment of the Class Action Fairness Act (CAFA). Allapattah and CAFA raise the same fundamental question: how should courts interpret a statute whose text would expand federal jurisdiction far beyond what Congress apparently intended? In Allapattah, the Court confronted this question in resolving an aspect of the supplemental jurisdiction statute that had deeply divided both the judiciary and academia. CAFA's expansion of federal jurisdiction over class actions will require courts to struggle with this question …
Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson
Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson
Indiana Law Journal
No abstract provided.
Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank
Faculty Articles and Other Publications
This Article provides both anecdotal evidence and a more theoretical argument for why textualist statutory interpretation is not the best approach to address environmental. issues.
Law-Making Responsibility And Statutory Interpretation, William D. Popkin
Law-Making Responsibility And Statutory Interpretation, William D. Popkin
Indiana Law Journal
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.