Type to search articles, cases, and authors. Press ↵ to view all results. In a classic case of statutory interpretation, in which every technical thrust seemed to be met by an equally adept technical ...

Today’s 8-1 ruling in Badgerow v. Walters on an arcane issue under the Federal Arbitration Act displays a sharp divide between the textualism of Justice Kagan’s majority opinion and the ...

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In the 1984 Chevron case, the Supreme Court held that where a statute was ambiguous, courts must follow the statutory interpretation of the agency administering the statute, so long as the ...

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 ...

In society’s fight against crime, police and prosecutors are the tip of the spear. They identify the culprits, collect the evidence, and present it to a judge and jury. The American criminal justice ...

Unlike the relatively straightforward de novo standard of review of the legal determinations of a court, judicial review of an administrative agency's legal determinations is more complex, especially ...

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 ...

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 ...