Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arbitration (1)
- Auer (1)
- Boundaries of equity (1)
- Business litigation (1)
- Class action (1)
-
- Class action waivers (1)
- Corporation law (1)
- Equitable remedies (1)
- Interpreting regulations (1)
- Judges (1)
- Judicial review (1)
- Legal education (1)
- Purposivism (1)
- Rule of law (1)
- Securities fraud (1)
- Seminole Rock (1)
- Skidmore (1)
- Standard of review (1)
- Statutory interpretation (1)
- Supreme Court (1)
- Use of history (1)
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
The Supreme Court And The New Equity, Samuel L. Bray
The Supreme Court And The New Equity, Samuel L. Bray
Vanderbilt Law Review
The line between law and equity has largely faded away. Even in remedies, where the line persists, the conventional scholarly wisdom favors erasing it. Yet something surprising has happened. In a series of cases over the last decade and a half, the U.S. Supreme Court has acted directly contrary to this conventional wisdom. These cases range across many areas of substantive law-from commercial contracts and employee benefits to habeas and immigration, from patents and copyright to environmental law and national security. Throughout these disparate areas, the Court has consistently reinforced the line between legal and equitable remedies, and it has …
Statutory Interpretations And The Therapy Of The Obvious, Edward L. Rubin
Statutory Interpretations And The Therapy Of The Obvious, Edward L. Rubin
Vanderbilt Law Review
Arthur Koestler wrote that "the more original a discovery the more obvious it seems afterward."' The same may be said about theories of law, and specifically about Robert Katzmann's new book, Judging Statutes. Judge Katzmann's approach to statutory interpretation seems so plausible and balanced that it is hard to believe that anyone ever believed anything else. In this particular case, however, there is in fact an "anything else." It is, of course, Justice Antonin Scalia's campaign to displace intentionalist or purposivist approaches to interpretation with what has come to be called "textualism," and his related effort to rule out reliance …
The Interpretive Dimension Of Seminole Rock, Kevin M. Stack
The Interpretive Dimension Of Seminole Rock, Kevin M. Stack
Vanderbilt Law School Faculty Publications
A lively debate has emerged over the deferential standard of review courts apply when reviewing an agency's interpretation of its own regulations. That standard, traditionally associated with Bowles v. Seminole Rock & Sand Co. and now more frequently attributed to Auer v. Robbins, states that a court must accept an agency's interpretation of its own regulations unless the interpretation is "plainly erroneous or inconsistent with the regulation." This Article argues that a court's choice of method for interpreting regulations” including how it determines which agency interpretations are inconsistent with the regulation ” may be just as important, if not more …
The End Of Class Actions?, Brian T. Fitzpatrick
The End Of Class Actions?, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court's decisions in Concepcion and American Express. These decisions permitted corporations to opt out of class action liability through the use of arbitration clauses, and many commentators, myself included, predicted that they would eventually lead us down a road where class actions against businesses would be all but eliminated. Enough time has now passed to make an assessment of whether these predictions are coming to fruition. I find that, although there is not yet solid evidence that businesses have flocked to …