The interpretation of statutes is so often decisive in cases of national importance, which touch all our lives. Specifically, I want to talk with you about how courts are relinquishing the power to ...

While textualists want to only focus on the actual text of the statute, the purpose of statutory interpretation, in my ...

Eight justices sided with Wescley Fonseca Pereira in his argument that a government-issued document notifying him of the government’s intention to initiate removal proceedings against him did not stop ...

ONE of the most familiar facts concerning our political system is the division of powers between the legislative, executive, and judicial branches of the government. Hardly less familiar is the ...

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 ...

On November 3, 2023, the United States District Court for the District of South Carolina issued its decision in the long-running dispute between Genesis Health Care Inc., a federally qualified health ...

"It is said that the law is always at least several years behind the technology. With respect to the application of a criminal statute the doctrine of lenity, among other established rules, acts as ...

INTERPRETING what someone else has written is no mean job especially when the writer and the interpreter have no common meeting point but that is exactly what law courts do every day. Justices, judges ...

The Modern Law Review is a general, peer-refereed journal that publishes original articles relating to common law jurisdictions and, increasingly, to the law of the European Union. In addition to ...