• Home
  • About Me
  • Disclaimer

The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Statutory Interpretation

Federal Research Honey Pot.

14 Wednesday Mar 2018

Posted by Celia C. Elwell, RP in Federal Law, Legal Analysis, Legal Writing, Research, SSRN, Statutory Interpretation

≈ Comments Off on Federal Research Honey Pot.

Tags

Aaron-Andrew P. Bruhl, Federal Courts, Joe Hodnicki, Law Librarian Blog, Legal Research, Statutory Interpretation

Comparing Methods of Statutory Interpretation Used By The Lower Federal Courts and The Supreme Court, by Joe Hodnicki, Law Librarian Blog

http://bit.ly/2pd4k2t

Joe Hodnicki calls this article “recommended,” which means we just found a honey pot for those who research federal case law and statutory interpretation. -CCE

“Here’s the abstract for Aaron-Andrew P. Bruhl’s very interesting Statutory Interpretation and the Rest of the Iceberg: Divergences between the Lower Federal Courts and the Supreme Court, Duke Law Journal, Forthcoming:

‘This Article examines the methods of statutory interpretation used by the lower federal courts, especially the federal district courts, and compares those methods to the practices of the U.S. Supreme Court. This novel research reveals both similarities across courts and some striking differences. The research shows that some interpretive tools are highly overrepresented in the Supreme Court’s decisions while other tools are much more prevalent in the lower courts. Another finding, based on a study of forty years of cases, is that all federal courts have shifted toward more textualist tools in recent decades but that the shift was less pronounced as one moves down the judicial hierarchy.

The divergence between the interpretive practices of different federal courts has implications for both descriptive and normative accounts of statutory interpretation.’ . . .” Continue reading →

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Yes! Ohio Court Rules Missing Punctuation Changes Interpretation Of Municipal Code.

11 Saturday Jul 2015

Posted by Celia C. Elwell, RP in Bad Legal Writing, Grammar, Legal Analysis, Legal Writing, Proofreading, Punctuation, Statutory Interpretation

≈ 1 Comment

Tags

Commas, Municipal Ordinance, Punctuation, Sarah Larimer, The Washington Post, William P. Statsky

Ohio Appeals Court Ruling Is A Victory For Punctuation, Sanity, by Sarah Larimer, The Washington Post (with hat tip to William P. Statsky)

http://tinyurl.com/q7vzjws

Punctuation nerds, rejoice! For all of us who care deeply about really good legal writing, grammar, and punctuation, today we are vindicated! Thank you, Judge Robert A. Hendrickson, of the Twelfth District Court of Appeals in Ohio. -CCE

Look, I know you’re all busy, but let’s just take a minute today and celebrate Judge Robert A. Hendrickson and the 12th District Court of Appeals in Ohio.

These defenders of punctuation.

These champions of copy editors everywhere.

That one court that totally called out a village ordinance for its comma-related failings.

(I know!!!)

Continue reading →

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

10th Circuit Uses Sentence Diagramming To Decipher Federal Gun Statute.

19 Thursday Feb 2015

Posted by Celia C. Elwell, RP in 10th Circuit Court of Appeals, Bad Legal Writing, Legal Writing, Readability, Statutory Interpretation

≈ Comments Off on 10th Circuit Uses Sentence Diagramming To Decipher Federal Gun Statute.

Tags

10th Circuit Court of Appeals, Diagramming Sentences, Federal Statutes, Judith D. Fischer, Legal Writing, Legal Writing Skills Prof Blog

The Tenth Circuit Applies The Art of Sentence Diagramming, by Judith D. Fischer, Legal Writing Prof Blog (with hat tip to Brian Glassman!)

http://lawprofessors.typepad.com/legalwriting/2015/02/the-art-of-sentence-diagramming-helps-a-court.html

he Tenth Circuit recently interpreted a statute so confusing that the court decided to diagram some of its language. In United States v. Rentz, the court observed that ‘Few statutes have proven as enigmatic as 18 U.S.C. §24(c),’ which concerns crimes committed while using a firearm. Puzzling over what the statute’s modifiers mean, the court used the same device some of us learned in grade school—setting out a clear diagram of how words relate to one another grammatically. The court thus reached enough clarity to affirm the district court’s decision. Still, the court stated, ‘Even now plenty of hard questions [about the statute’s meaning] remain.’

My conclusions: 1) The art of diagramming sentences should be revived, and 2) Congress should focus more on clear drafting.

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Federal Judges Writing Manual.

17 Sunday Aug 2014

Posted by Celia C. Elwell, RP in Federal Judges, Judges, Jury Instructions, Legal Analysis, Legal Writing, Statutory Interpretation, Style Manuals, Trial Tips and Techniques

≈ Comments Off on Federal Judges Writing Manual.

Tags

Federal Judges, Federal Judicial Center, Judicial Writing Manual, Legal Writing, Style Manual, Trial Tips & Techniques

Judicial Writing Manual, Federal Judicial Center

http://tinyurl.com/k5x898o

This Writing Manual is obviously written specifically for federal judges. Twenty-four experienced jurists were interviewed to write the Manual.  Its board of editors are judges, law professors, and legal writers. Although written for federal judges, it provides insight for any legal writer, especially those who practice in federal court. The Manual is available in print or you can download it as a .pdf document.

This is more. Look at the left-hand side of the page, and click on “Recent Materials“: http://tinyurl.com/odjltbl. From there, it just gets better. At this link you will find papers on specific areas of law. One that caught my eye is Meghan Dunn’s “Jurors’ and Attorneys’ Use of Social Media During Voir Dire, Trials, and Deliberations: A Report to the Judicial Conference Committee on Court Administration and Case Management.”  It is available only online.

Even if you do not practice in federal court, this is definitely worth a look. -CCE

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Judge Posner Critique on Structuring Statutory-Interpretation Books.

28 Saturday Jun 2014

Posted by Celia C. Elwell, RP in Brief Writing, Case Briefs, Legal Analysis, Legal Argument, Legal Writing, Legislative History, Statutory Interpretation

≈ Comments Off on Judge Posner Critique on Structuring Statutory-Interpretation Books.

Tags

Above the Law (blog), Bryan Garner, David Lat, Judge Richard Posner, Justice Scalia, Legal Analysis, Legal Writing, Professor Amar, Statutory Interpretation

Judge Posner on Statutory Interpretation: This Is How We Do It, by David Lat, Above The Law Blog

http://tinyurl.com/nba842o

[J]udge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit delivered the Madison Lecture on Judicial Engagement at Columbia Law School. The lecture series, sponsored by the CLS chapter of the Federalist Society, brings distinguished jurists to Columbia to discuss topics relevant to the federal judiciary and the administration of justice.

(Perhaps we should put ‘at’ Columbia Law in quotation marks; Judge Posner actually appeared via video conference. That shouldn’t surprise, coming from a judge who lists The Matrix as one of his favorite films.)

In his talk, entitled ’How I Interpret Statutes and the Constitution,’ Judge Posner was his usual candid self. He offered commentary on two recent books about statutory and constitutional interpretation — books that he’s not a fan of.

Yes, readers. There will be benchslaps….

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...
Follow The Researching Paralegal on WordPress.com

Enter your email address to follow this blog and receive notifications of new posts by email.

Search

Sign In/Register

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com

Categories

Archives

  • March 2022
  • January 2022
  • November 2021
  • October 2021
  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • June 2020
  • May 2020
  • April 2020
  • January 2020
  • December 2019
  • October 2019
  • August 2019
  • July 2019
  • May 2019
  • March 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013

Recent Comments

Eric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…

Recent Comments

Eric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…
  • RSS - Posts
  • RSS - Comments

Blog at WordPress.com.

  • Follow Following
    • The Researching Paralegal
    • Join 454 other followers
    • Already have a WordPress.com account? Log in now.
    • The Researching Paralegal
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

You must be logged in to post a comment.

    %d bloggers like this: