Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Justice Scalia's Approach to Textualism in White-Collar Law
White-collar criminal law is characterized by broadly worded statutes subject to varying interpretation. This feature of white-collar criminal statutes has given rise to a pattern of expansive interpretation by prosecutors and periodic narrowing by the Supreme Court. “Textualism” in statutory interpretation ' generally speaking, a focus on the objective meaning of statutory language in context ' has now become an essential feature of this pattern.
The late Justice Antonin Scalia was the leading expositor of textualist methodology over the last several decades. Cass Sunstein, The Scalia I know Will Be Greatly Missed, Bloomberg View (Feb. 13, 2016); Jeffrey Rosen, What Made Antonin Scalia Great, The Atlantic (Feb. 15, 2016). Whatever one's view of textualism and of Justice Scalia, every judge and every lawyer (for the government and the defense) must now reckon with the precise language of the statute at issue and be prepared to analyze the relevant words of the statute in context. In light of Justice Scalia's recent death, and the ongoing debate over his judicial philosophy, this article reflects on the justice's influence on the interpretation of white collar statutes ' in particular, two obstruction-of-justice provisions. We focus on the obstruction statutes because they exemplify the open-textured language that often defines white-collar crimes and highlight the significant impact of Justice Scalia's textualism.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.