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Full-Text Articles in Law
Legal Process In A Box, Or What Class Action Waivers Teach Us About Law-Making, Rhonda Wasserman
Legal Process In A Box, Or What Class Action Waivers Teach Us About Law-Making, Rhonda Wasserman
Articles
The Supreme Court’s decision in AT&T Mobility v. Concepcion advanced an agenda found in neither the text nor the legislative history of the Federal Arbitration Act. Concepcion provoked a maelstrom of reactions not only from the press and the academy, but also from Congress, federal agencies and lower courts, as they struggled to interpret, apply, reverse, or cabin the Court’s blockbuster decision. These reactions raise a host of provocative questions about the relationships among the branches of government and between the Supreme Court and the lower courts. Among other questions, Concepcion and its aftermath force us to grapple with the …
Judge Bernard S. Meyer: First Merit Appointee To The New York Court Of Appeals, Vincent R. Johnson
Judge Bernard S. Meyer: First Merit Appointee To The New York Court Of Appeals, Vincent R. Johnson
Faculty Articles
This is the story of Judge Bernard S. Meyer’s exhilarating, exhausting, and highly productive first year on the New York Court of Appeals. Based on a reputation for integrity and a record of professional accomplishment, Judge Meyer was chosen to the New York Court of Appeals in 1979, and the following seven-and-a-half years he spent there were highly productive. While on the Court of Appeals, Judge Meyer was a progressive reformer, and it was clear he intended to use his office to make the world a better place and, whenever possible, remedy injustice. He looked for ways in which the …
A Decision Theory Of Statutory Interpretation: Legislative History By The Rules, Victoria Nourse
A Decision Theory Of Statutory Interpretation: Legislative History By The Rules, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
We have a law of civil procedure, criminal procedure, and administrative procedure, but we have no law of legislative procedure. This failure has serious consequences in the field of statutory interpretation. Using simple rules garnered from Congress itself, this Article argues that those rules are capable of transforming the field of statutory interpretation. Addressing canonical cases in the field, from Holy Trinity to Bock Laundry, from Weber to Public Citizen, this article shows how cases studied by vast numbers of law students are made substantially more manageable, and in some cases quite simple, through knowledge of congressional procedure. …