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Articles 1 - 12 of 12
Full-Text Articles in Law
A Cloudy Prospectus: The Supreme Court's Problematic Reasoning In Gustafson V. Alloyd Co., Krista R. Bowen
A Cloudy Prospectus: The Supreme Court's Problematic Reasoning In Gustafson V. Alloyd Co., Krista R. Bowen
Washington and Lee Law Review
No abstract provided.
Statutory Interpretation And The Idea Of Progress, Daniel A. Farber
Statutory Interpretation And The Idea Of Progress, Daniel A. Farber
Michigan Law Review
A Review of William N. Eskridge, Dynamic Statutory Interpretation
Reading The Legal Process, Anthony J. Sebok
Reading The Legal Process, Anthony J. Sebok
Michigan Law Review
A Review of Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in eh Making and Application of Law
Statutory Interpretation In Securities Jurisprudence: A Failure Of Textualism, Ediberto Román
Statutory Interpretation In Securities Jurisprudence: A Failure Of Textualism, Ediberto Román
Faculty Publications
This Article critiques the development of textualist theory in securities jurisprudence and analyzes the Central Bank decision as an example of the defects inherent in the application of a textualist approach. It demonstrates how the development of textualist securities jurisprudence stemmed from decisions that casually rejected precedent and mischaracterized existing law, thereby resulting in a distortion of the legislature’s intent. An analysis of the Securities Exchange Act demonstrates how the Central Bank Court’s approach towards statutory interpretation led to its failure to analyze other relevant Exchange Act provisions, including the most relevant provision – Section 20(a). The first section of …
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
Faculty Law Review Articles
The author analyzed all the U.S. Supreme Court cases and all the Tenth Circuit Court of Appeals cases for the calendar year 1995 to see how heavily legislative history was used to interpret statutes. The author begins this article by discussing the different theories of statutory interpretation, noting how legislative history fits into the picture and observing the reliance on dictionaries for interpreting words and phrases. The author also looks to see what use is being made of administrative interpretations of statutes and how that ties in with legislative history. Finally, the author looks at how U.S. Supreme Court justices …
Habitat Modification And Esa Takings Under Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Shelli Lyn Iovino
Habitat Modification And Esa Takings Under Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Shelli Lyn Iovino
Villanova Environmental Law Journal
No abstract provided.
The Chaotic Pseudotext, Paul F. Campos
Direct Democracy And Hastily Enacted Statutes, John C. Nagle
Direct Democracy And Hastily Enacted Statutes, John C. Nagle
Journal Articles
Phil Frickey qualifies as the leading explorer of the borderline between statutory interpretation and constitutional law. Frickey explores ways to mediate the borderline between statutory interpretation and constitutional adjudication in the context of direct democracy. His is an enormously helpful attempt to reconcile the constitutional issues discussed by Julian Eule and the statutory interpretation issues discussed by Jane Schacter. I agree with many of Frickey's suggestions. Indeed, I will suggest some additional devices that can perform the same role. But I wonder whether Frickey has proved more than he set out to accomplish. The problems of direct democracy are special, …
Statutory Interpretation - Ninth Circuit Sets Forth Independent Function Of Cercla Against Other Federal And State Laws Regulating Hazardous Waste Disposal: Louisiana-Pacific Corp. V. Asarco, Inc., Karin M. Gunter
Villanova Environmental Law Journal
No abstract provided.
Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel
Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel
Scholarly Works
The Seventh Amendment to the Constitution preserves for litigants a right to a jury trial in actions at law. The right to a jury trial does not attach for equitable actions, but in cases presenting claims for both legal and equitable relief a right to a jury trial exists for common questions of fact. Although many modern statutes and claims did not exist in 1791, the Amendment has been interpreted to require a jury trial of statutory claims seeking monetary damages, the classic form of legal relief, so long as there is a relatively apt analogy between the modern statutory …
Work Of Knowledge , Abner S. Greene
Work Of Knowledge , Abner S. Greene
Faculty Scholarship
Interpretation involves the acquisition of knowledge. We are continually confronted with the results of purposive action. Sometimes these results are written texts, such as statutes or novels. Other times these results are events in the physical world, actions that we observe or the results of actions about which we are told. To make sense of these results of purposive action, that is, to make the results be more than just a jumble of sense impressions, the observer must find a way of organizing the material with which he or she is presented. These methods of organizing the results of purposive …
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.