Statutory Interpretation

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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