In determining the intent of the Legislature in enacting state laws, California courts have historically taken a limited view of legislative materials that can be used to determine intent. The courts ...

As some commentators have noted, one of the Supreme Court's opinions released last week features an interesting debate on whether courts should consult congressional reports and other forms of ...

The clear intent of the BPCIA was to allow the FDA significant latitude in determining the scientific requirements for biosimilar development and regulatory review. But what happens when the agency’s ...

In litigation under the Equal Protection, Free Exercise, Establishment, Free Speech, and dormant commerce clauses, among others, the Supreme Court sometimes inquires whether the legislature that ...

[M]r. Joseph owns some land in Bennington County. He had some trees he wanted to cut down. Unfortunately, he strayed onto his neighbor’s land and cut down three of his neighbor’s trees. He is all pine ...

Ultimately, whether the reader supports or opposes judicial reliance on legislative history, the concurrences in 'Digital Realty Trust' indicate that this debate is far from over. When the U.S.

A newly introduced resolution aims to make clear the legislature intent when it created a "lookback window" for child sex abuse victims, a law deemed unconstitutional by the state's supreme court. The ...

Many at the contested Senate Bill 410 rules hearing experienced déjà vu as proponents and opponents of the constitutionality of private school tax credits waxed eloquently yet again. Sen. Mary Moe’s ...

News Legislative Veto of Executive Branch Rules Upheld The New Jersey Legislature has the authority to overturn executive branch rules if it believes those rules run counter to legislative intent, but ...

As a student of the Florida Constitution and former dean of the Florida State University College of Law, I’ve followed the debate over Amendment 4 and restoration of rights. I am concerned with some ...

SALEM, Ore. — Bills to aid men and women in Oregon’s National Guard are at the top of the legislative agenda and enjoying widespread bipartisan support. Often an afterthought in the previous session, ...

For a new governor hell-bent on making Louisiana the gold standard for ethics reform, House Speaker-designee Jim Tucker comes with some baggage. In fact, when Gov.-elect Bobby Jindal anointed the ...