A seemingly routine Sixth Circuit appeal involving the interpretation of the federal Employee Retirement Income Security Act statute (ERISA) recently sparked an interesting debate between two Circuit ...
Complicated Land Grab Rules Are a Windfall for Michigan Governments This Day in Liberal Judicial Activism—October 16 Supreme Manipulation This Day in Liberal Judicial Activism—October 15 This Day in ...
In a classic case of statutory interpretation, in which every technical thrust seemed to be met by an equally adept technical parry, Lockhart v. United States ended in a result readily understandable ...
On July 23, 2024, the United States Court of Appeals for the District of Columbia Circuit (Court of Appeals) released a decision in Rawat v. Commissioner (available here). The case considers whether ...
October 14, 2024 - The Supreme Court's 2024 Term is teed up to be another significant one for businesses. Last Term, the Justices issued consequential decisions on a wide range of topics affecting ...
Supreme Court Associate Justice Elena Kagan discussed what she described as “remarkable” changes in interpretation of statutory law in a conversation with law professor John F. Manning ’82 during an ...
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A year after Loper Bright: textualism, shadow Skidmore, and a new major questions exception
Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state. As ...
In this paper I examine the counterfactual test for legislative intention as used in Riggs v. Palmer. The distinction between the speaker's meaning approach and the constructive interpretation ...
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