Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Eager To Follow: Methodological Precedent In Statutory Interpretation, Aaron-Andrew P. Bruhl Dec 2020

Eager To Follow: Methodological Precedent In Statutory Interpretation, Aaron-Andrew P. Bruhl

Faculty Publications

An important recent development in the field of statutory interpretation is the emergence of a movement calling for "methodological precedent"--a regime under which courts give precedential effect to interpretive methodology. In such a system, a case would establish not only what a particular statute means but could also establish binding rules of methodology--which tools are valid, in what order, and so on. The movement for methodological precedent has attracted sharp criticism on normative grounds. But both sides of the normative debate agree on the premise that the federal courts generally do not give precedential effect to interpretive methodology today.

This …


We Must Restore Americans' Faith In Our Federal Bench, A. Benjamin Spencer Nov 2020

We Must Restore Americans' Faith In Our Federal Bench, A. Benjamin Spencer

Popular Media

No abstract provided.


The Remand Power And The Supreme Court's Role, Aaron-Andrew P. Bruhl Nov 2020

The Remand Power And The Supreme Court's Role, Aaron-Andrew P. Bruhl

Faculty Publications

"Reversed and remanded." Or "vacated and remanded." These familiar words, often found at the end of an appellate decision, emphasize that an appellate court's conclusion that the lower court erred generally does not end the litigation. The power to remand for further proceedings rather than wrap up a case is useful for appellate courts because they may lack the institutional competence to bring the case to a final resolution (as when new factual findings are necessary) or lack an interest in the fact-specific work of applying a newly announced legal standard to the particular circumstances at hand. The modern Supreme …


Professor Katherine Mims Crocker: Reflections On The Fall 2020 Semester, Katherine Mims Crocker Oct 2020

Professor Katherine Mims Crocker: Reflections On The Fall 2020 Semester, Katherine Mims Crocker

Law School Personal Reflections on COVID-19

No abstract provided.


First, We'll Neuter All The Judges, A. Benjamin Spencer Feb 2020

First, We'll Neuter All The Judges, A. Benjamin Spencer

Popular Media

No abstract provided.


Here There Be Dragons: The Likely Interaction Of Judges With The Artificial Intelligence Ecosystem, Fredric I. Lederer Jan 2020

Here There Be Dragons: The Likely Interaction Of Judges With The Artificial Intelligence Ecosystem, Fredric I. Lederer

Popular Media

No abstract provided.