An interesting feature of the case is a vigorous debate among the justices over the question of what role if any legislative history should play in statutory interpretation. Writing in dissent, ...

I have just uploaded to SSRN a draft of a forthcoming article I have coauthored with Kristen M. Renberg entitled The Paradoxical Impact of Scalia's Campaign Against Legislative History. As many ...

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.

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 ...