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“Textualism and Stare Decisis”

New from Anita Krishnakumar: On the surface, textualism and the doctrine of statutory stare decisis seem to have much in common — both are rule-bound and emphasize predictability and stability in the law, legislative supremacy, the need to limit judicial … Continue reading ?
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"Can There Be An 'Undeclared' Canon of Statutory Interpretation?"

Academics / Political Science : Election Law

Anita Krishnakumar offers this blog post on her forthcoming William and Mary article on the Holy Trinity Church case and what she terms the "unique national institution" canon. I read Anita's article in draft last summer and I highl...

"The Anti-Messiness Principle of Statutory Interpretation"

Academics / Political Science : Election Law

Anita Krishnakumar has posted this draft on SSRN (forthcoming, Notre Dame Law Review). Here is the abstract: Many of the Supreme Court's statutory interpretation opinions reflect a jurisprudential aversion to construing statutes in ...

“The Sherlock Holmes Canon”

Academics / Political Science : Election Law

Anita Krishnakumar has written this article for the George Washington Law Review.  Here is the abstract: Many of the Supreme Court’s statutory interpretation cases infer meaning from Congress’s failure to comment in the legislative ...

"Statutory Interpretation In The Roberts Court's First Era: An Empirical and Doctrinal Analysis"

Academics / Political Science : Election Law

Anita Krishnakumar has posted this draft on SSRN. Here is the abstract: Empirical studies of the Supreme Court's statutory interpretation cases are few and far between. Those that do exist tend to focus on a sampling of cases over t...

"A Reverse Clear Statement Rule?"

Academics / Political Science : Election Law

Anita Krishnakumar has a really interesting post on Concurring Opinions about the constitutional avoidance doctrine in statutory interpretation and a recent Supreme Court case. She's been doing some really fine blogging on legislat...

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