SCOTUSblog

The major debate over major questions in the tariffs decision is only the beginning

Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state.

The Tariffs Ruling Reveals a Growing Rift Between Two Liberal Justices

This is how the government turns protected speech into a federal crime.
The Heritage Foundation

Who Should Interpret Our Statutes and How It Affects Our Separation of Powers

The interpretation of statutes is so often decisive in cases of national importance, which touch all our lives. Specifically, I want to talk with you about how courts are relinquishing the power to ...
JD Supra

Say Whaaat? The Sixth Circuit Debates “Corpus Linguistics” as a Tool for Statutory Interpretation

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 ...
JD Supra

Present Tense Interpretation Clarifies Missouri’s Venue Statute for Corporate Defendants

On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) ...
Law

Common Sense Isn't Dead in Statutory Construction, Even When Statute Is Unambiguous

In a split decision, the U.S. Court of Appeals for the Fourth Circuit held an insurer's notice of cancellation of an insured's life insurance policy complied with a North Carolina statutory ...