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The Statutory Interpretation Expert

My 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

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