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Articles 181 - 210 of 2206
Full-Text Articles in State and Local Government Law
The Broad Church Of Modern Textualism, Nicole Steitz, Brian G. Slocum, Kevin Tobia
The Broad Church Of Modern Textualism, Nicole Steitz, Brian G. Slocum, Kevin Tobia
Journal of Law and Policy
Nearly thirty years ago, Justice Scalia’s Tanner lectures branded Holy Trinity Church v. United States (1892) as the anti-textualist archetype, a decision trumping the text’s plain meaning with a suspect judicial investigation of the law’s purpose or spirit. And so Holy Trinity seemed, until Gales and Solan’s groundbreaking empirical study supported an alternative reading of the key statutory term (“labor or service”) that would avoid this conflict between text and purpose. Taking inspiration from Gales and Solan, we reconsider Holy Trinity using the precepts of modern textualism, with its increased emphasis on context, pragmatics, anti-literalism, legal meaning, holistic meaning, non-compositionality, …
The Pet Fish Canon, William N. Eskridge Jr.
The Pet Fish Canon, William N. Eskridge Jr.
Journal of Law and Policy
Inspired by the work of the late Professor Larry Solan, this article proposes that judges recognize as one of the textualist canons of statutory construction a “pet fish” canon. Such a canon would posit that when an ordinary reader would understand two or more words to yield a meaning that is different than the sum of the two words defined separately, the statutory interpreter should not disaggregate them. The Roberts Court has already followed such a linguistic precept in some statutory cases, and this article proposes that the Court recognize this as a canon considered at least as seriously as …
Grammar & Syntax Arguments On The Roberts Court, Anita S. Krishnakumar
Grammar & Syntax Arguments On The Roberts Court, Anita S. Krishnakumar
Journal of Law and Policy
In his excellent book, The Language of Judges, Professor Solan demonstrates how judges use grammatical or linguistic arguments to avoid acknowledging statutory ambiguity—and how they often get the grammar or linguistics wrong. Since his book was published, textualism has become the dominant interpretive approach on the U.S. Supreme Court—and we have seen increasingly prominent battles involving grammatical devices and rules. This comment takes Professor Solan’s analysis as a jumping off point to evaluate how grammar and linguistic arguments are employed on the modern Supreme Court, in the age of textualism. The comment offers a brief empirical and doctrinal assessment of …
Chevron's 51 Imperfect Solutions., Christopher J. Walker, Neena Menon
Chevron's 51 Imperfect Solutions., Christopher J. Walker, Neena Menon
Articles
In June 2024, the U.S. Supreme Court eliminated the judicial deference federal agencies previously received for their statutory interpretations, overturning the Court’s landmark 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. While Chevron was never binding on state courts, where the balance of powers and state constitutions may require different or no deference to agencies, numerous states have adopted Chevron deference, Skidmore weight, or similar deference regimes for judicial review of agency legal interpretations. Despite these developments, little scholarly attention has been paid to how and why states have developed administrative law’s deference doctrines, how the …
A Long Road Ahead: Examining The Constitutionality Of New York City’S Congestion Pricing Plan, Emily Dulberg
A Long Road Ahead: Examining The Constitutionality Of New York City’S Congestion Pricing Plan, Emily Dulberg
Brooklyn Law Review
New York City attempted to implement New York’s first congestion pricing scheme, the Central Business District Tolling Program (CBDTP). The CBDTP was paused by Governor Kathy Hochul amidst concerns that the scheme will have negative impacts on families who have not financially recovered from the pandemic. The CBDTP sought to charge drivers a fee each time they entered the Central Business District (CBD), an area below 60th Street in Manhattan. The purpose of this plan was to raise funds for the Metropolitan Transit Authority (MTA) to improve mass transit while simultaneously decreasing pollution and traffic congestion in New York City. …
Rising Temperatures, The Prison Litigation Reform Act, And The Heat Death Of Human Dignity In Texas Prisons, Brianne Wylie
Rising Temperatures, The Prison Litigation Reform Act, And The Heat Death Of Human Dignity In Texas Prisons, Brianne Wylie
Northwestern University Law Review
This Note seeks to shed light on the life-threatening danger of extreme heat in un-air-conditioned Texas prisons. The Prison Litigation Reform Act (PLRA) starkly limits the relief available to those suffering and dying in these prisons. This Note proposes an amendment to the legislation that could create a path toward lasting relief for incarcerated people. After analyzing the effects of increasing heat on the particularly vulnerable prison population, this Note analyzes how the Supreme Court and the Fifth Circuit have handled claims alleging constitutionally violative prison conditions under the Eighth Amendment—in short, ineffectively, if at all. This Note then details …
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon
Tennessee Journal of Law and Policy
No abstract provided.
Department Of Financial Protection And Innovation, Maya Patel, Devyn Arlasky, Marcus Friedman
Department Of Financial Protection And Innovation, Maya Patel, Devyn Arlasky, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board, Samantha Fidel, Yasmin Madjidi, Marcus Friedman
Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board, Samantha Fidel, Yasmin Madjidi, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Contractors State License Board, Grant Marcketta, Marcus Friedman
Contractors State License Board, Grant Marcketta, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Bureau Of Private Postsecondary Education, Caitlin D. Barón, Marcus Friedman
Bureau Of Private Postsecondary Education, Caitlin D. Barón, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy, Yi Zhou, Marcus Friedman
California Board Of Accountancy, Yi Zhou, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Steven Soldani, Marcus Friedman
Medical Board Of California, Steven Soldani, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman
State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Caroline Bulger, Marcus Friedman
Veterinary Medical Board, Caroline Bulger, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Julia Thompson, Marcus Friedman
Board Of Registered Nursing, Julia Thompson, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, Catherine Santos, Marcus Friedman
Board Of Pharmacy, Catherine Santos, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Public Utilities Commission, Francesca Nevil, Flávia Martini Andrade Da Silva, Wyatt Page, Marcus Friedman
Public Utilities Commission, Francesca Nevil, Flávia Martini Andrade Da Silva, Wyatt Page, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Dental Board Of California, Shun Lam, Marcus Friedman
Dental Board Of California, Shun Lam, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance, Lisette Cruz, Alexander Cesta, Marcus Friedman
Department Of Insurance, Lisette Cruz, Alexander Cesta, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Board Of Barbering And Cosmetology, Isaiah Artis, Marcus Friedman
Board Of Barbering And Cosmetology, Isaiah Artis, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health, Zoe Bulls, Marcus Friedman
Department Of Managed Health, Zoe Bulls, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Want To Solve Labor Shortages? Relaxing The Child Labor Law Is Not The Answer, Yi Wu
Want To Solve Labor Shortages? Relaxing The Child Labor Law Is Not The Answer, Yi Wu
Dickinson Law Review (2017-Present)
Recently, the United States has been engaged in a nationwide debate over loosening regulations regarding children’s employment. The Fair Labor Standards Act (FLSA) sets restrictions on the working hours of children under 16 and prohibits their employment in certain hazardous positions. However, some states, such as Iowa, Ohio, Arkansas, and Wisconsin, have either passed or are considering legislation allowing children to work longer hours or in potentially dangerous conditions in response to labor shortages. These new state laws conflict with existing federal regulations. This Comment discusses why states should refrain from relaxing their child labor laws to permit children to …
California State Athletic Commission, Celeste Franco, Marcus Friedman
California State Athletic Commission, Celeste Franco, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
Board Of Pharmacy, Anuska Lahiri, Marcus Friedman
Board Of Pharmacy, Anuska Lahiri, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Katie Gonzalez, Marcus Friedman
State Bar Of California, Katie Gonzalez, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.