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Full-Text Articles in Law
Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl
Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl
Notre Dame Law Review
This Article addresses a problem that potentially arises whenever a federal court encounters a state statute. When interpreting the state statute, should the federal court use the state’s methods of statutory interpretation—the state’s canons of construction, its rules about the use of legislative history, and the like—or should the court instead use federal methods of statutory interpretation? The question is interesting as a matter of theory, and it is practically significant because different jurisdictions have somewhat different interpretive approaches. In addressing itself to this problem, the Article makes two contributions. First, it shows, as a normative matter, that federal courts …
If The Text Is Clear—Lexical Ordering In Statutory Interpretation, Adam M. Samaha
If The Text Is Clear—Lexical Ordering In Statutory Interpretation, Adam M. Samaha
Notre Dame Law Review
Most courts now endorse lexical ordering for statutory cases. That is, a limited set of top-tier sources, if adequately clear, are supposed to establish statutory meaning. Lower-tier sources are held in reserve for close calls. Examples include legislative history and deference to agency positions, which often are demoted into tiebreaking roles. In fact, some such hierarchy of sources is approved by working majorities at the U.S. Supreme Court and more than forty state supreme courts. Although popular today, lexically ordered interpretation has risen and fallen before. Indeed, we should pause to reconsider whether these instructions are justified and whether judges …
Rejecting The De Minimis Defense To Infringement Of Sound Recording Copyrights, Michael G. Kubik
Rejecting The De Minimis Defense To Infringement Of Sound Recording Copyrights, Michael G. Kubik
Notre Dame Law Review
Part I of this Note examines the history of sound recording copyrights, the role of digital sampling in the music industry, and the basic principles and functions of the de minimis defense. Part II carefully dissects the Bridgeport and VMG opinions. Part III then considers the merits of each opinion and concludes that Bridgeport reached the correct conclusion. This argument rests on the statutory scheme of Title 17 of the U.S. Code and the plain text of its applicable provisions, bolstered by their legislative history, giving life to a unique statutory creature that thrives in a manner inconsistent with traditional …
On Viewing The Courts As Junior Partners Of Congress In Statutory Interpretation Cases: An Essay Celebrating The Scholarship Of Daniel J. Meltzer, Richard H. Fallon Jr
On Viewing The Courts As Junior Partners Of Congress In Statutory Interpretation Cases: An Essay Celebrating The Scholarship Of Daniel J. Meltzer, Richard H. Fallon Jr
Notre Dame Law Review
In this Essay, written in tribute to Dan Meltzer, I shall attempt to explicate his views regarding statutory interpretation in general, thematic terms. In doing so, I shall register my agreement with virtually all of Dan’s conclusions and frequently echo his practically minded arguments in support of them. But I shall also advance arguments—with which I cannot be entirely sure he would have agreed—that seek to show that his position reflected theoretical insights about how language works, not only in law, but also more generally in life. By seeking simultaneously to defend Dan’s views and to build on them, this …
Right Result For The Wrong Reasons: Permitting Aggregation Of Claims Under 28 U.S.C. 1367 In Multi-Plaintiff Diversity Litigation, Mark C. Cawley Jr.
Right Result For The Wrong Reasons: Permitting Aggregation Of Claims Under 28 U.S.C. 1367 In Multi-Plaintiff Diversity Litigation, Mark C. Cawley Jr.
Notre Dame Law Review
No abstract provided.
Work Of Knowledge, Abner S. Greene
Delaware's Appraisal Statute: The Courts' Artificial Ceiling On Asset Valuation Weighting, Mark G. Weston
Delaware's Appraisal Statute: The Courts' Artificial Ceiling On Asset Valuation Weighting, Mark G. Weston
Notre Dame Law Review
No abstract provided.