Does legislative history have a future in judicial opinions? For the first time in a long time, it seems so. For decades, the rise of textualism was accompanied by the decline of judicial reliance on ...

As a general rule, California courts only consider extrinsic evidence (such as committee or floor analyses) when a statute is ...

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 ...

In the Castillolopez case, the California Supreme Court used a lobbyist’s memo to a policy committee in order to analyze the ...

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 ...