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Statutory Interpretation

Guns

En Banc Fifth Circuit Denies Chevron Deference to ATF in Bump Stock Case

A majority of judges concluded the plain language of the statute does not apply to bump stocks, but they also would have denied Chevron deference had they found the statute ambiguous.

Jonathan H. Adler |The Volokh Conspiracy | 1.6.2023 9:06 PM

Guns

Bump Stock Ban Regulation Isn't Authorized by Federal Law, Says Fifth Circuit En Banc

Eugene Volokh |The Volokh Conspiracy | 1.6.2023 7:07 PM

Statutory Interpretation

California Chief Justice on Bumble Bees as Fish (and Statutory Interpretation More Broadly)

Eugene Volokh |The Volokh Conspiracy | 9.23.2022 11:07 AM

Supreme Court

Barrett v. Gorsuch

Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.

Jonathan H. Adler |The Volokh Conspiracy | 6.14.2022 7:42 AM

Endangered species

A Bee May Be A Fish (At Least in California) [Updated]

A state court rules that bumble bees may qualify as "fish" under the California Endangered Species Act

Jonathan H. Adler |The Volokh Conspiracy | 5.31.2022 9:16 PM

Statutory Interpretation

Should Courts Stop Using "Substantive" Canons of Construction?

A proposal from Justice Kagan.

Will Baude |The Volokh Conspiracy | 3.8.2022 6:23 PM

Supreme Court

Justices Spar Over How to Interpret the Armed Career Criminal Act

In Wooden v. United States, the justices were unanimous in the judgment, but expressed disagreement over the role of statutory history and the rule of lenity.

Jonathan H. Adler |The Volokh Conspiracy | 3.7.2022 10:34 AM

Supreme Court

Throw Out All the Canons? [Updated]

An interesting question from Justice Kagan.

Jonathan H. Adler |The Volokh Conspiracy | 2.23.2022 10:57 AM

Administrative Law

D.C. Circuit Concludes Trailers Are Not "Motor Vehicles"

A partially divided panel concludes the Environmental Protection Agency may not regulate trailers as “motor vehicles.”

Jonathan H. Adler |The Volokh Conspiracy | 11.12.2021 12:17 PM

2nd Amendment

The Parable of the Soldier at the Bank

on the proper role of legal corpus linguistics, by C'Zar Bernstein

Will Baude |The Volokh Conspiracy | 7.7.2021 10:47 AM

Supreme Court

Immigrant Seeking to Challenge Removal Prevails with Unusual Supreme Court Line-up

The Supreme Court's 6-3 decision in Niz-Chavez v. Garland is not what you might have expected, but it may be a sign of things to come.

Jonathan H. Adler |The Volokh Conspiracy | 4.29.2021 11:02 AM

Crime

Judge Amy Coney Barrett's Assorted Canards of Contemporary Legal Analysis: Redux

The Case Western Reserve Law Review has published Judge Barrett's 2019 Sumner Canary Memorial Lecture

Jonathan H. Adler |The Volokh Conspiracy | 9.8.2020 9:38 PM

Meaning

Volokh Conspiracy

Bostock v. Clayton County and the Debate over the Meaning of "Ordinary Meaning"

Both sides in the landmark employment discrimination decision agree that laws should generally be interpreted based on the "ordinary meaning" of their words. But they differ on what that entails.

Ilya Somin |The Volokh Conspiracy | 6.19.2020 11:25 PM

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Crime

Textualism and Purposivism in Today's Supreme Court Decision on Discrimination Against Gays, Lesbians, and Transsexuals

The decision in Bostock v. Clayton County is well-justified from the standpoint of textualism (a theory associated with conservatives), but less clearly so from the standpoint of purposivism (often associated with liberals).

Ilya Somin |The Volokh Conspiracy | 6.15.2020 5:43 PM

Administrative Law

The Ballad of FDA v. Brown & Williamson

How the FDA lost, and gained, jurisdiction over cigarettes -- to a Newfoundland fishing-boat tune

Sasha Volokh |The Volokh Conspiracy | 10.28.2019 3:55 PM

Supreme Court

Antitrust standing and Kavanaugh-versus-Gorsuch textualism

The Supreme Court's dueling opinions in Apple, Inc. v. Pepper raise interesting questions about textualist statutory interpretation.

Sasha Volokh |The Volokh Conspiracy | 5.14.2019 4:20 PM

Torts

Dog Nips Cow, Cow Tramples Man

If a statute imposes strict liability for dog bites, does that extend to a herding dog nipping at a cow that then trampled the plaintiff?

Eugene Volokh |The Volokh Conspiracy | 2.4.2019 11:06 AM

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