Modern Statutory Interpretation : Problems, Theories, and Lawyering Strategies
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This book is designed to teach statutory interpretation skills. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text. The book addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of "uniform statutes." Within each chapter, subjects are introduced with concise summaries of the core concepts. After the introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help focus the students' thoughts and understanding of the case before they come to class. Finally, problems are included to ensure that the students use the statutory interpretation skills they have just learned. Each problem lends itself to at least two arguments (often more) and allows for further inquiry into the concepts in the chapter. The second edition has been revised and updated to include more problems and a few new cases. Additionally, the legislative and administrative chapters have been substantially revised.
Table of CasesTable of AuthoritiesCh. 1 The Legislative Process and Judicial Deference to Internal Legislative Processes 3Ch. 2 Sources, Approaches, and Theories of Interpretation 33Ch. 3 Determining the Meaning of the Text: Words 73Ch. 4 Beyond the Text: Absurdity, Ambiguity, and Scrivener s Error 93Ch. 5 Determining the Meaning of the Text: Punctuation and Grammar 121Ch. 6 The Textual Canons 149Ch. 7 The Role of Components 197Ch. 8 Legislative History 221Ch. 9 The Relevance of Post-Interpretation Legislative Silence 253Ch. 10 Finding and Using Purpose 289Ch. 11 The Relevance of Judicial Interpretations of an Identical or Similar Statute from Other Jurisdictions 317Ch. 12 The Relevance of Time: Effective Dates, Prospective Effect, and Retroactivity 337Ch. 13 Conflicting Statutes 363Ch. 14 Statutes and Legal Hierarchy 397Ch. 15 Implied Remedies and Causes of Action: Where Purpose and Intent Are Primary 439Ch. 16 Constitutional Implications 465Ch. 17 The Role of Agencies 507Ch. 18 Severability and Inseverability Provisions 543Appendix A Canons of Construction 557Appendix B The College Fire Prevention Act 561Index 565
