Expert Legal Guidance
Statutory Interpretation & Administrative Law
Recognized Experience
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Cited by Antonin Scalia & Brian Garner in Reading Law: The Interpretation of Legal Texts.
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Cited in United States v. Thomas, 939 F.3d 1121, 1139, n.14 (10th Cir. 2019) (10th Cir. October 01, 2019) (Matheson, C.J., dissenting).
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Quoted in Meinhard v. State, 371 P.3d 37, 43 n.5 (Utah 2016).
Former Clients
Greenberg Traurig, LLP
Williams & Connolly, LLP
Maynard Cooper & Gale, PC (Now Maynard Nexsen)
East-West Management Institute, Inc.
Latest Scholarship
Books:
STATUTORY INTERPRETATION IN THE FEDERAL AND STATE COURTS
MASTERING LEGISLATION, REGULATION, AND STATUTORY INTERPRETATION
Articles:
Interpreting Ambiguous Tax Statutes
Published in 2022
The SEC’s Fight to Stop district Courts from Declaring its Hearings Unconstitutional
Cited in SEC v. Sargent, No. CV 19-11416-WGY, 2023 WL 4609585, at *2 (D. Mass. July 12, 2023)
You’re Fired! Why the ALJ Multi-Track Dual Removal Provisions Violate the Constitution & How to Fix Them
Cited in Axon Enterprise, Inc. v. FTC, 986 F.3d 1173, 1187 (9th Cir. 2021).
The Shadow of Free Enterprise: The Unconstitutionality of the Securities & Exchange Commission’s Administrative Law Judges
Co-authored with Moses Tincher
Dodging the Taxman: Why Treasury’s Anti-Abuse Regulation Is Unconstitutional
Published in 2015
Codifying and “Miscodifying” Judicial Anti-Abuse Tax Doctrines
Cited in Hinsdale Count Board of Equalization v. HDH Partnership, 438 P.3d 742, 748-49 & n.4 (Co. 2019).
Cited in Benson v. Commissioner, 887 F.3d, 511, 517 n.3 (1st Circuit 2018).
The Impact of the Rise and Fall of Chevron on the Executive’s Power to Make and Interpret Law
Cited in DeCambre v. Brookline Housing Authority, 95 F. Supp. 3d 35, 44 (D. Mass. 2015).
Heads I Win, Tails You Lose: Reconciling Brown v. Gardner’s Presumption that Interpretive Doubt be Resolved in Veterans’ Favor with Chevron’s Second Step
Cited in Kisor v. Shulkin, 880 F.3d 1378, 1380 (Fed. Cir. 2018) (O’Malley, C.J., dissenting).
Cited in Johnson v. McDonald, 762 F.3d 1362, 1367 (Fed. Cir. 2015) (O’Malley, C.J., concurring).
But That Is Absurd! Why Specific Absurdity Undermines Textualism
Quoted in United States v. McPherson, 2020 WL 5798492 (A. Ct. Crim. App. 2020).
Cited in Brakke v. Iowa Department of Natural Recourses, June 16, 897 N.W.2d 522, 538 (Iowa 2017).
The U.S. Court of Appeals for Veterans’ Claims: Has it Mastered Chevron’s Step Zero?
Published in 2011
The Art of Statutory Interpretation: Identifying the Interpretive Theory of the Judges of the United States Court of Appeals for Veterans’ Claims and the United States Court of Appeals for the Federal Circuit
Published in 2010
Neither Fish nor Fowl: Administrative Judges in the Modern Administrative State
Published in 2010