This essay, styled as a twenty-year retrospective on A Matter of Interpretation, Scalia's Tanner lectures on statutory and constitutional interpretation, aims to prod partisans on both sides of our central legal and political divisions to better appreciate at least some of what their opponents see...
Statutory interpretation is something the Supreme Court does all the time, week in and week out, term after term. And while the justices have irreconcilable differences over how to interpret the Constitution, they actually all agree on how to interpret statutory text. [...] Every justice subscri...
But the SCOTUS case was Bush v Gore, not Gore v Bush. That means Bush was the plaintiff. Why? He was seeking to overturn a decision made by the Florida Supreme Court to conduct additional recounts in violation of Florida statutory law. While I have some misgivings about the reasoning in ...
“It’s Not My Job to Care”: Understanding Justice Scalia’s Method of Statutory Interpretation Through Sweet Home and ChevronHABITAT DESTRUCTION, usa, protection de l'environnement, habitats, law, habitat, etats unis, especies en peligro de extincion, proteccion ambiental, derecho, environmental ...
The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble...
The Bankruptcy Code is rife with statutory interpretation questions that demand clear and predictable answers, due to the efficiency interests at stake and the absence of any intermediate interpretive forces, such as administrative agencies. Justice Scalia arrived on the high court at the outset of ...
William D. Popkin, An Internal Critique of Justice Scalia's Theory of Statutory Interpretation, 76 Minn. L. Rev. 1133 (1992). 39. See Howe v. Smith, 452 U.S. 473, 483-85 (1981); United States v. R.L.C., 503 U.S. 291, 298-305 (1992) (plurality opinion) (finding plain ...
The author analyses constitutional and statutory interpretation used by one of the most popular Justice of the Supreme Court of the United States, an extraordinary individual Antonin Scalia, intellectual leader for the textua...
The research identifies themes of Breyer's and Scalia's jurisprudence and reveals the extent to which they defer to agency decisions varies and contradicts both Justices' stated positions on judicial review, legal reasoning, and statutory interpretation to some degree.;This research employs a ...
statutory interpretationlegislationRecently, the Green Bag issued a call for short (1,000 words) essays on Reading Law: The Interpretation of Legal Texts, by Antonin Scalia and Bryan Garner. WePetroski, KarenParadis, MichelClarke, Brian S