After a California judge or justice determines there is ambiguity in a state statute, they will turn to consideration of ...
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 ...
ONE of the most familiar facts concerning our political system is the division of powers between the legislative, executive, and judicial branches of the government. Hardly less familiar is the ...
Pereira v. Sessions is not the immigration case that everyone will be watching this month, but it is definitely worth a glance. At first blush, this case looks like a hyper-technical and relatively ...
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 ...
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 ...
When attempting to remove civil lawsuits from state to federal court, business defendants often must contend with not one, but two opponents. One opponent, of course, is the plaintiff, who prefers the ...
Interpretation of statutes cannot be guided by perceptions of judicial hierarchy or notions of “inferior courts”, the Supreme Court has held ...
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) ...
The constitutional guarantee of liberty serves as both a moral compass and a guiding principle for any functioning democracy.
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