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Saturday, December 20, 2008

Eric Posner versus the Heritage Foundation...

... on whether the TARP funds can be used for an auto bailout. The Heritage Foundation says "no," Eric says "yes," and the whole question turns on whether a car company is a "financial institution."

All of us who teach statutory construction, take note: This is a great classroom problem.

Posted by Rick Hills on December 20, 2008 at 09:22 AM in Rick Hills | Permalink


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Is it really a "great" classroom problem? Having spent many hours working with TARP and government bailouts over the past few months, I think the argument is borderline frivolous.

For a better controversy regarding whether the ordinary meaning of a defined term should influence the meaning of that term when specific definitions are applied, see the majority opinion and dissenting opinion of J. Scalia in Babbitt v. Sweet Home Chapter of Cmtys. for a Great Or., 515 U.S. 687.

Posted by: andy | Dec 20, 2008 2:21:00 PM

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