Type to search articles, cases, and authors. Press ↵ to view all results. When a private lender fails to respond promptly to a consumer’s claim that it falsely presented the consumer’s borrowing ...
Type to search articles, cases, and authors. Press ↵ to view all results. On Monday, the Supreme Court sided with the government in a pair of cases brought by noncitizens who are under deportation ...
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 ...
A .pdf copy of the Glasser opinion can be found here. The Telephone Consumer Protection Act (“TCPA” or the “Act”) has limited telephone calls that can be placed using certain automated equipment since ...
Judges sometimes make reference to the temporal aspects of interpretation and insist that they are seeking the meaning of the text at the time it was drafted. Yet in practice, judges often ignore 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 ...
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 ...
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 ...
The Connecticut Supreme Court clarified the meaning of the word "submit" in a statute regarding the annual submission of income and expense information of property used for producing rental income.
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 ...
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 ...