Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state. Depending on who you ask, the real “bad old days” at the Supreme Court were ...
The more I delve into statutory interpretation, the more I am confronted from a legislative drafting perspective whether ...
Dahda v. United States arguably poses a clash between two of the Supreme Court’s recent passions: strict adherence to statutory texts and cutting back on the exclusionary rule. This tension is unusual ...
When I was still in college, co-conspirator Nick Rosenkranz published a justly famous article called “Federal Rules of Statutory Interpretation,” arguing that Congress could and should authorize ...
Do the Ene Doctrine and its "reverse-Erie" mirror require state and federal courts to apply one another's statutory interpretation methodologies when they interpret one another's statutes?