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Statutory Interpretation

Statutory Interpretation

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

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.

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

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LGBT

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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