Statutory Construction Blogtag:typepad.com,2003:weblog-4833702008-09-04T11:39:59ZA Member of the Law Professor Blogs NetworkTypePad461204http://www.feedburner.comtag:typepad.com,2003:post-551193222008-09-04T07:39:59-04:002008-09-04T11:39:59ZInteresting split on sentencing guidelines as ex post facto laws in U.S. v. Andrews, __ F.3d __ (D.C. Cir. 2008), with one judge concurring. [I]n... United States v. Booker, the Supreme Court held that the Sentencing Guidelines must now be...PrfhricikA random Thursday night Notetag:typepad.com,2003:post-548540422008-08-28T21:12:12-04:002008-08-29T01:12:44ZI've now been teaching law school for 5 years (starting my sixth). I practiced law for 14 before then, and still do some legal work, which I must admit I enjoy and it keeps me up to date on the...PrfhricikConference Announcement - Belfast October 2008tag:typepad.com,2003:post-547072242008-08-26T11:57:06-04:002008-08-26T15:57:33ZPresuming to Interpret: Basic Principles of Lawin Stautory Interpretation, will be held on October 10 to 12, 2008 in Belfast, Ireland. It's sponsored by the Statute Law Society and will feature sessions on comparative interpretation and other interseting issues. The...PrfhricikNinth Circuit Issues Contextual Opinion on Bankruptcy Act § 363(f)(5)tag:typepad.com,2003:post-546936002008-08-26T05:43:42-04:002008-08-26T09:44:09ZIn Clear Channel, Inc. v. Knupfer, __ F.3d __ (9th Cir. July 18, 2008), the court issued a fairly thoughtful analysis of § 363(f)(5) and related provisions, including an interesting discussion of the textual history of the statute as well...PrfhricikSplit on Whether Cases Can be Removed from State Agenciestag:typepad.com,2003:post-545470362008-08-22T06:44:22-04:002008-08-22T10:53:20ZI teach civ pro, and so this is particularly interesting to me. 28 USC 1441(a) authorizes removal of "any civil action brought in a State court" over which there's federal subject matter jurisdiction. What if it's an administrative proceeding? The...PrfhricikNinth Circuit Issues First Impression of Tax Code Provisiontag:typepad.com,2003:post-545468522008-08-22T06:33:42-04:002008-08-22T10:34:10ZOrdlock v. Commissioner of Internal Revenue, __ F.3d ___ (9th Cir. 2008) required the Ninth Circuit to give a first impression interpretation of 26 U.S.C. § 6015 and the interplay between federal income tax law and California community property law....PrfhricikIowa Supreme Court Rejects, um, Creative Workers Compensation Interpretationtag:typepad.com,2003:post-543396762008-08-18T07:02:14-04:002008-08-18T11:02:27ZI love lawyers who are creative, even when they go one step beyond. Iowa Code section 85.38(2) relates to the issue of employer credits when payments are made by a group health plan. This provision provides, in relevant part: "In...PrfhricikThoughtful Essay on Hamdan, Military Commissions, Etc.tag:typepad.com,2003:post-542756542008-08-16T06:57:17-04:002008-08-16T10:57:29ZThe statutory issues were discussed long ago here, but this essay I found quite interesting, though it's not so much about statutory interpretation as about broader issues and the meaning of war, punishment, and the difference between criminal and military...PrfhricikSplit on Meaning of "materiality" under False Claims Acttag:typepad.com,2003:post-542312462008-08-15T10:44:44-04:002008-08-15T14:45:19ZIn U.S. v. Bourseau, 531 F.3d 1159 (9th Cir. 2008), the court affirmed convictions of defendants under the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733. Title 31 U.S.C. § 3729(a)(7), the reverse false claims provision of the FCA, punishes...PrfhricikRecent Decision of First Impression On Michigan Property and Child Support Lawtag:typepad.com,2003:post-541728542008-08-14T07:29:46-04:002008-08-14T11:29:58ZIn Walters v. Leech, __ N.W.2d __ (Mich. App. July 22, 2008), the court analyzed an interesting property law/tax law question involving whether a child support lien could be asserted against real property owned by the plaintiff and spouse as...PrfhricikAre Dogs "Livestock"?tag:typepad.com,2003:post-541430462008-08-13T14:41:09-04:002008-08-13T18:41:24ZThis isn't a straight up statutory interpretation case, but rather one involving an easement, but the court relies heavily on the fact that statutes differ in their definitions of "livestock" in holding that whether dogs were "livestock" in terms of...PrfhricikFifth Circuit Applies Louisiana Statutory Directives in Case of First Impressiontag:typepad.com,2003:post-541293962008-08-13T09:45:35-04:002008-08-13T13:45:48ZIn Bernhard Mechanical Contractors, Inc. v. St. Paul Companies, 2008 WL 3244145 (5th Cir. Aug. 8 2008), the court gave a first impression interpretation of La. Rev. Stat. 9:5606, which is essentially a statute of limitations for claims against insurance...PrfhricikSplit on interpretation of mens rea requirement in 21 USC 841(c)(2)tag:typepad.com,2003:post-540908882008-08-12T12:36:32-04:002008-08-12T16:36:42ZThis statute makes it illegal for any person to knowingly or intentionally possess or distribute “a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance . . ....PrfhricikTid Bits - Catching uptag:typepad.com,2003:post-539621902008-08-09T08:04:39-04:002008-08-09T12:04:52ZMichigan Supreme Court interprets med mal reform statute as amended. The statute was MCL 600.2912a(2), which prohibits recovery for the loss of an opportunity to survive or achieve a better result unless the opportunity was greater than 50 percent. The...PrfhricikAmicus Brief of Linguistics Professorstag:typepad.com,2003:post-531742542008-07-24T11:39:33-04:002008-07-24T15:40:30ZThis is of interest, an amicus brief filed on behalf of no party by a group of linguistics professors in the U.S. Supreme Court, available here. This is from the brief in U.S. v. Hayes, filed by Neal Goldfarb at...Prfhricik