While textualists want to only focus on the actual text of the statute, the purpose of statutory interpretation, in my ...

When a private lender fails to respond promptly to a consumer’s claim that it falsely presented the consumer’s borrowing history, Congress established under the Fair Credit Reporting Act that the ...

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 ...

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 ...

On Monday, the Supreme Court sided with the government in a pair of cases brought by noncitizens who are under deportation orders and were in lengthy detention, rejecting lower courts’ ...

In April 2021, a developer applied to the City of King City, California (City), for a proposed 18,000-square-foot Grocery Outlet store (Project). The Project site was a former 1.6-acre car sales lot ...

In Rawat v. Commissioner, the D.C. Circuit addressed the issue of foreign partners selling interests in partnerships with hot assets and focused on statutory text and structure of the Tax Code and ...

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 ...

Paul is a Senior Legal Research Fellow in the Meese Center for Legal and Judicial Studies at The Heritage Foundation. With regard to cases involving issues of statutory interpretation, the difference ...

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 ...