Print Archive
Magistrate judges are “nothing less than indispensable” to the modern judicial system.
The Supreme Court’s decision in Chevron U.S.A. Inc v Natural Resources Defense Council, Inc has created a cottage industry in choreography.
Can the US Constitution, as currently written, handle the problem of excessive partisanship? Or, instead, does the Constitution need to be amended to address this problem?
Interpretation requires an object: a text, an act, a concept, a something to be interpreted. An interpreter must pick out that object.
Many tenets of statutory interpretation take a peculiar form. They allow consideration of outside information—legislative history, practical consequences, the statute’s title, etc.—but only if the statute’s text is unclear or ambiguous.
Introduction
Applying a precedent is the fundamental craft of a common-law judge. Judges do not go back to general principles to derive novel solutions to each case at hand, along with novel justifications and renewed persuasion efforts.