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March 12, 2009

At work on second edition

I've been busy, but just not here. We're doing a second edition of our statutory interpretation book, and it's been hectic.

interesting things I've bumped into:

why do we have a derogation canon (statutes in derogation of the common law are strictly construed) which is seldom mentioned in preemption analysis?

why do courts emphasize text, except with implied preemption?

why are "clarifications" of ambiguous statutes deemed to be non-retroactive?

Future students, be ware!

March 12, 2009 | Permalink


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