The interpretation of statutes is so often decisive in cases of national importance, which touch all our lives. Specifically, I want to talk with you about how courts are relinquishing the power to ...
While textualists want to only focus on the actual text of the statute, the purpose of statutory interpretation, in my ...
ONE of the most familiar facts concerning our political system is the division of powers between the legislative, executive, and judicial branches of the government. Hardly less familiar is the ...
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 ...
When attempting to remove civil lawsuits from state to federal court, business defendants often must contend with not one, but two opponents. One opponent, of course, is the plaintiff, who prefers the ...
"It is said that the law is always at least several years behind the technology. With respect to the application of a criminal statute the doctrine of lenity, among other established rules, acts as ...
Below, Harvard Law School’s Leif Overvold recaps Tuesday’s oral argument in United States v. O’Brien and Burgess. Leif’s earlier preview of the case is available here. For more information, check the ...
On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) ...
In a split decision, the U.S. Court of Appeals for the Fourth Circuit held an insurer's notice of cancellation of an insured's life insurance policy complied with a North Carolina statutory ...
The Supreme Court has had a number of major statutory interpretation cases in recent years. These include Yates (is a fish a "tangible object"?) and Bond (was a contaminated doorknob a use of ...