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Full-Text Articles in Law
Immunity From Suit For International Organizations: The Judiciary's New Que Of Separating Lawsuit Sheep From Lawsuit Goats, Ylli Dautaj
Indiana Journal of Global Legal Studies
I. Introduction
II. Immunity from Suit in Public International Law
(A) Sovereign Immunity
(i) Sources of Sovereign Immunity
(ii) Legal Theory on Sovereign Immunity
(iii) Doctrinal Evolution of Sovereign Immunity
(B) Jurisdictional Immunity for International Organizations
(C) Sovereign Immunity and Immunity for International Organizations
Domestically
III. Jam v. Int'l Finance Corporation:
A New Dawn for International Organizations in the United States
(A) Jam v. Int'l Finance Corporation: Majority View
(B) Jam v. Int'l Finance Corporation: Dissenting Opinion by Justice Breyer
IV. The Exception that Proves but does not Swallow the rule on Virtually
Absolute Immunity: Criticism of the Majority in …
Supreme Silence And Precedential Pragmatism: King V. Burwell And Statutory Interpretation In The Federal Courts Of Appeals, Michael J. Cedrone
Supreme Silence And Precedential Pragmatism: King V. Burwell And Statutory Interpretation In The Federal Courts Of Appeals, Michael J. Cedrone
Marquette Law Review
This Article studies statutory interpretation as it is practiced in the federal
courts of appeal. Much of the academic commentary in this field focuses on the
Supreme Court, which skews the debate and unduly polarizes the field. This
Article investigates more broadly by looking at the seventy-two federal
appellate cases that cite King v. Burwell in the two years after the Court issued
its decision. In deciding that the words “established by the State” encompass
a federal program, the Court in King reached a pragmatic and practical result
based on statutory scheme and purpose at a fairly high level of …
Irresistible As A Matter Of Law: Why Title Vii Jurisprudence Administered The Coup De Grace To The Purposivist Method Of Statutory Interpretation, Robert A. Pellow
Irresistible As A Matter Of Law: Why Title Vii Jurisprudence Administered The Coup De Grace To The Purposivist Method Of Statutory Interpretation, Robert A. Pellow
Barry Law Review
No abstract provided.
Interpreting Regulations, Kevin M. Stack
Interpreting Regulations, Kevin M. Stack
Michigan Law Review
The age of statutes has given way to an era of regulations, but our jurisprudence has fallen behind. Despite the centrality of regulations to law, courts have no intelligible approach to regulatory interpretation. The neglect of regulatory interpretation is not only a shortcoming in interpretive theory but also a practical problem for administrative law. Canonical doctrines of administrative law - Chevron, Seminole Rock/Auer, and Accardi - involve interpreting regulations, and yet courts lack a consistent approach. This Article develops a method for interpreting regulations and, more generally, situates regulatory interpretation within debates over legal interpretation. It argues that a purposive …
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Michigan Law Review
Suppose that a statute, enacted several decades ago, bans the introduction of any color additive in food if that additive "causes cancer" in human beings or animals. Suppose that new technologies, able to detect low-level carcinogens, have shown that many potential additives cause cancer, even though the statistical risk is often tiny - akin to the risk of eating two peanuts with governmentally-permitted levels of aflatoxins. Suppose, finally, that a company seeks to introduce a certain color additive into food, acknowledging that the additive causes cancer, but urging that the risk is infinitesimal, and that if the statutory barrier were …
Legislative History And Statutory Interpretation: The Supreme Court And The Tenth Circuit, Fritz Snyder
Legislative History And Statutory Interpretation: The Supreme Court And The Tenth Circuit, Fritz Snyder
Oklahoma Law Review
No abstract provided.