JD Supra

The Supreme Court Overturns Chevron, Bringing Clarity to Whether the District Courts or Federal Agencies Interpret Ambiguous Federal Statutory Provisions

The Supreme Court recently a long-standing doctrine established by the 1984 decision, Chevron v. Natural Resources Defense Council. The Court returned the duty of interpreting ambiguous statutory ...
The Washington Post

The (unwritten) federal rules of statutory interpretation

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 ...
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 ...
JSTOR Daily

Preference-Eliciting Statutory Default Rules

One puzzlement about statutory interpretation is that so many statutory canons run contrary to likely legislative preferences, sound policy, or even the judicial self-interest in avoiding being ...