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9 Dec 2010, 6:17 am by Michael M. O'Hear
Interestingly, the Krieger court went out of its way to criticize the current state of the jurisprudence, echoing Justice Stevens’ concurring opinion last May in United States v. [read post]
11 Oct 2023, 7:00 am by Guest Blogger
In other words, it allows at least two admissible or defensible interpretations in light of the applicable methods and canons of construction used by courts and, as the case may be, administrative bodies. [read post]
3 Jul 2022, 7:15 am by Guest Author
The right side of the flowchart reflects the canonical Chevron analysis. [read post]
10 Apr 2025, 5:30 am by Guest Blogger
  Notably, Justice Alito also raised concerns about fakes in his dissent in Bostock v. [read post]
20 Jun 2017, 9:02 am by Deborah Pearlstein
The Supreme Court’s decision yesterday in Ziglar v. [read post]
11 Oct 2011, 6:59 pm by Leslie Griffin
Under a long line of Supreme Court cases beginning with Ballard v. [read post]
3 Aug 2012, 3:26 pm by Rick Hasen
  But the concurring opinion for three Justices shows how this is really about the Democracy Canon: CAVANAGH, MARILYN KELLY, and HATHAWAY, JJ. [read post]
3 Mar 2010, 7:40 am by Adam Chandler
  Samahon writes that when the case reached the Supreme Court, “[t]he Court’s heavy reliance on the Scalia opinion below means that the substance of its analysis can be fairly added to the Scalia separation-of-powers canon. [read post]
19 Jul 2009, 1:49 pm
Specifically, should Erie be part of the Federal Courts canon at a school where it's covered in Civil Procedure? [read post]
10 Oct 2021, 9:01 pm by Austin Sarat and Dennis Aftergut
“Sunlight,” Supreme Court Justice Brandeis memorably wrote in 1913, “is said to be the best disinfectant. [read post]
18 Mar 2017, 5:57 am by SHG
Citing the Supreme Court’s decision in D.C. v. [read post]
4 Aug 2009, 3:35 am
That the Court would consider reversing a key portion of its decision in McConnell v. [read post]
14 Oct 2011, 11:07 am by Randy Barnett
(Randy Barnett) A few weeks ago, I blogged about oral argument in the DC Circuit Court of Appeals in the Seven-Sky v. [read post]
29 Jun 2012, 4:24 am by Lawrence Solum
The key doctrinal tool in preemption cases is the “presumption against preemption” — a canon of statutory construction recognized by the Court in the 1947 case of Rice v. [read post]