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 ...

[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 ...

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 ...