Quantcast
Channel: Anita Krishnakumar – Concurring Opinions
Browsing all 27 articles
Browse latest View live

Missing Canons of Construction in Ali v. Federal Bureau of Prisons?

This past Monday, October 29, the Supreme Court heard oral arguments in a little-noticed case that raises fascinating questions of statutory interpretation: Ali v. Federal Bureau of Prisons . Ali is a...

View Article



Early Reflections on the Roberts Court and Legislative History

The Roberts Court undoubtedly still is in its infancy when it comes to matters of statutory interpretation. Despite this shortage of extrapolation-material, I think it possible to hazard a few...

View Article

Interlocking Statutes, Statutory Anomalies and Legislative Purpose

More on the statutory interpretation front: The Supreme Court last week heard oral arguments in Logan v. United States, a case involving the interplay between multiple federal criminal statutes, state...

View Article

Statutory Stare Decisis in John R. Sand & Gravel Co. v. United States

This past Tuesday, November 6, the Supreme Court heard head-spinningly complicated but (perhaps for this reason) thoroughly entertaining oral arguments in a case called John R. Sand & Gravel Co. v....

View Article

Impending Budget Battle Reminiscent of 1995-96 Budget Showdown?

The Washington Post ran an interesting piece yesterday, November 14, by Peter Baker titled, Bush Veto Sets Up Clash on Budget, Democrats Make War-Funds Threat. The article begins: A budget dispute...

View Article


An Overlooked Legacy of Lochner v. New York

I recently came across an article by David Bernstein called Lochner v. New York: A Centennial Retrospective. The article, which has been blogged about both on Legal Theory and on the Volokh Conspiracy...

View Article

Trust Law Meets Statutory Interpretation

For my final guest post, I want to talk about a case argued before the Supreme Court on Monday (November 26): LaRue v. DeWolff, Boberg, & Assoc. The case involves the appropriate interpretation of...

View Article

Dejá-Vu in Begay v. United States

Last month, the Supreme Court issued an opinion in a little-discussed but methodologically intriguing statutory interpretation case called Begay v. United States. Begay addresses the range of predicate...

View Article


Predictions for United States v. Rodriguez

Many thanks to Doug Berman over at Sentencing Law and Policy for his kind words about my last post discussing Begay v. United States. Doug ended his post by noting that “the only thing missing” from my...

View Article


Rehnquist Parody Uncovered

More on the statutory interpretation front to come soon, but in the meantime, I want to direct readers’ attention to an entertaining article by my colleague, John Barrett, titled, A Rehnquist Ode on...

View Article

A Reverse Clear Statement Rule?

Last week the Supreme Court issued an opinion in a seemingly straightforward statutory interpretation case, Gonzalez v. United States. At issue was whether the Federal Magistrates Act (FMA) permits...

View Article

The “Mischief Rule” Rule and the VRA in Riley v. Kennedy

Election law experts have been quick to speculate about what the Supreme Court’s decision in Riley v. Kennedy, handed down this past Tuesday, means for the future of Section 5 (the preclearance...

View Article

Confusion in United States v. Santos

The Supreme Court this past Monday handed down its decision in United States v. Santos, a case that turns on whether the phrase “proceeds of some form of unlawful activity” in the federal...

View Article


The Passive Voice in Statutory Interpretation

Thanks to Dan et al. for the opportunity to guest-blog this month.  For my first guest post, I want to highlight a little-noticed tool of statutory construction that has reared its head in a handful of...

View Article

Can There Be An “Undeclared” Canon of Statutory Interpretation?

How do canons of statutory interpretation come into being? What qualifies a court’s method of reasoning in a statutory case as a rule or canon of construction? Last week, I wrote about the Supreme...

View Article


The Roberts Court (Thus Far) and the Rule of Lenity

In their Legislation casebook, William Eskridge, Philip Frickey, and Elizabeth Garrett observe that between 1984 and 2006, the Supreme Court cited the rule of lenity in just over one-fourth of its...

View Article

“Practical Consequences” in Hertz Corp. v. Melinda Friend

Two weeks ago, the Supreme Court heard oral arguments in a case called The Hertz Corporation v. Melinda Friend, et al. At issue in the case is the appropriate test for determining which State...

View Article


CRS Lobbying Report

Last week, the Congressional Research Service issued a report titled, Lobbying the Executive Branch: Current Practices and Options for Change. The report summarizes how lobbyist registration...

View Article

The Importance of Other Statutes in Statutory Interpretation

In one of the few decisions it has handed down thus far this term, Union Pacific Railroad Co. v. Locomotive Engineers and Trainmen, the Supreme Court relies heavily on a statutory interpretation...

View Article

Image may be NSFW.
Clik here to view.

Book Review: Cross’s The Theory and Practice of Statutory Interpretation

Frank B. Cross, The Theory and Practice of Statutory Interpretation, Stanford University Press, 2009. True to its title, Frank Cross’s ambitious book seeks to bridge the gap that long has existed...

View Article
Browsing all 27 articles
Browse latest View live




Latest Images