abstract. The dominant paradigm of statutory-interpretation scholarship is an “internalist” one. It treats statutory interpretation as a self-contained set of tools primarily deployed by lawyers and ...
[This statement of the multi-factored approach to deference was written by Stephen Breyer before he became a Justice of the Supreme Court.] One can think of two possible jurisprudential answers to ...
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 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 ...
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 ...
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 ...
Chevron, U.S.A., Inc. v. NRDC, Inc. established a two-step framework for courts to apply when reviewing an agency's construction of a statute, commonly known as "Chevron Deference." Since its decision ...
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