The more I delve into statutory interpretation, the more I am confronted from a legislative drafting perspective whether ...

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 ...

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 ...

Below, Harvard Law School’s Leif Overvold recaps Tuesday’s oral argument in United States v. O’Brien and Burgess. Leif’s earlier preview of the case is available here. For more information, check the ...

Do the Ene Doctrine and its "reverse-Erie" mirror require state and federal courts to apply one another's statutory interpretation methodologies when they interpret one another's statutes?

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 ...

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 ...

Few federal statutes these days receive as much attention as Section 230 of the Communications Decency Act of 1996. That provision, which has become a stand-in for the broader Big Tech debates roiling ...

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 ...