Statutory Construction Blog

Covers news, cases and decisions relating to statutory construction.

Author: David Hricik, an associate professor of law at Mercer University School of Law, edits the Statutory Construction Blog, which is part of the Law Professor Blogs Network. He also contributes to Legalethics.com and Legal Ethics Forum.

Blawg Related Categories: Law Professors • Legislation & Lobbying • States • Mercer University, Walter F. George School of Law • Law Professor

Recent Posts from Statutory Construction Blog

Where's the Text, Counselor?
There's a nice bit here about Scalia criticizing counsel for not printing the statutory text in his brief, and apologizing when counsel in fact had done so.
Fifth Circuit Addresses Split on Charging Full Rates for Travel Time under 11 USC 330
In In re Babcock & Wilson, 526 F.3d 824 (5th Cir. 2008), the court addressed whether the district court had erred in awarding a firm only 50% of its usual hourly rates for time its…
Damages in Patent Cases Post-eBay
I was somewhere last month where we had a discussion of the availability of post-judgment damages where, pursuant to the Supreme Court's decision in eBay, the district court finds a patent infringed. The courts seem…
Split in Courts on Availability of Unclean Hands as Defense Under RICO
Is unclean hands a defense to a claim under RICO? The courts split, as a recent decision from the Eastern District of Virginia explained: The circuit courts are currently divided on this issue. The First…
Iowa Federal District Court Issues First Impression of 18 U.S.C.A. § 3552
"The issue in these three cases raises a novel question-indeed, one of apparent first impression-of whether the prosecution is entitled, over the defendants' objections, to additional information from a court-appointed expert psychologist, beyond the expert's…
Florida Bankruptcy Court Certifies Question of First Impression under BAPCA for Interlocutory Appeal
28 U.S.C. § 158(d)(2)(A), I have learned, is the bankruptcy equivalent of 28 USC 1292(b), and allows a bankruptcy district court to certify certain questions for interlocutory, immediate appeal. The bankruptcy court for the middle…
Fascinating New Article on Interpretive Directives and Separation of Powers
You'll enjoy this: Linda Jellum (my colleague at Mercer University School of Law, and co-author of our book on statutory interpretation): 'Which is to Be Master,' the Judiciary or the Legislature? When Statutory Directives Violate…
Pennsylvania Suit at Core Challenges Legislative Process
Here's an interesting case, Common Cause of Philadelphia v. Pennsylvania, and an article about it. The dispute arose out of a 2005 pay raise to Pennsylvania legislators and judges. Common Cause challenged it, claiming that…
The Statute of Frauds: What is a "writing"?
I teach property, and of course one topic we cover is the statute of frauds. Generally, a state will require contracts for the sale of land to be "in writing." What is interesting to me…
Civ Pro: Last Served Defendant Split Continues
The Eleventh Circuit joined the "does time run from the first-served, or last-served" defendant for purposes of the removal statute, adopting the last served rule. The case, Bailey v. Janssen Pharma., __ F.3d __ (11th…