A seemingly routine Sixth Circuit appeal involving the interpretation of the federal Employee Retirement Income Security Act statute (ERISA) recently sparked an interesting debate between two Circuit ...

Unlike the relatively straightforward de novo standard of review of the legal determinations of a court, judicial review of an administrative agency's legal determinations is more complex, especially ...

Yale law professor Abbe Gluck brings a wealth of experience "dealing with, talking to, negotiating with, listening to this enormous variety of governance speakers," a crucial skill for the chief judge ...

The South Carolina Property and Casualty Insurance Guaranty Association (the Guaranty) is an unincorporated nonprofit entity created pursuant to the South Carolina Property and Casualty Insurance ...

Yesterday’s argument in what appeared to be a relatively routine Armed Career Criminal Act case (see my preview here), developed into a fascinating discussion among the justices about statutory ...

Complicated Land Grab Rules Are a Windfall for Michigan Governments This Day in Liberal Judicial Activism—October 16 Supreme Manipulation This Day in Liberal Judicial Activism—October 15 This Day in ...

This Article reports the results of a survey of a diverse group of forty-two federal appellate judges concerning their approaches to statutory interpretation. The study reveals important differences ...

Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state. Loper Bright put an end to that model of deference. In so doing, it left in ...

Wednesday, the California Supreme Court denied review in this case (for more on the lower court case, see this post by Jonathan Adler and this one by Ilya Somin); Chief Justice Tani Cantil-Sakauye, ...

WASHINGTON—For the past year, Justice Antonin Scalia and Judge Robert Katzmann have been battling for the hearts, or at least the minds, of the judiciary through books presenting competing approaches ...