Estate planners need to rethink how they draft choice of situs provisions as reforms finally modernize 55-year-old trust law ...

In his Insurance Law column, Jonathan Dachs restates the "general, well-settled and widely known" rules for interpreting insurance policy provisions and uses case law to show how the courts are often ...

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

On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered ...

Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state. Depending on who you ask, the real “bad old days” at the Supreme Court were ...

The US Department of Education (ED) will now allow proprietary institutions to include revenue generated through distance programs in their calculations for federal student aid eligibility. On July 7, ...

The Sixth Circuit wrestles with what it means for a regulation to be "substantially the same" as one disapproved by Congress. Under the Congressional Review Act (CRA), Congress may pass resolutions of ...

"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 ...