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
Statutory Interpretation
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.
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).
The Ballad of FDA v. Brown & Williamson
How the FDA lost, and gained, jurisdiction over cigarettes -- to a Newfoundland fishing-boat tune
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.
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?