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The Use Of Legislative History In A System Of Separated Powers, Jonathan R. Siegel Oct 2000

The Use Of Legislative History In A System Of Separated Powers, Jonathan R. Siegel

Vanderbilt Law Review

Legislative history is the ultimate bugaboo of the textualists-those judges and scholars who assert that in statutory interpretation, "[w]e do not inquire what the legislature meant; we ask only what the statute means." The textualists have unleashed argument after argument against legislative history. Textualists assert that judicial use of legislative history seeks a collective legislative intent that does not exist and that would not be law if it did exist. They claim that congressional committees deliberately manipulate legislative history in order to influence statutory interpretation. They argue that legislative history is more ambiguous than the statutes it supposedly clarifies, that …


Language Matters, 34 J. Marshall L. Rev. 163 (2000), Jane B. Baron Jan 2000

Language Matters, 34 J. Marshall L. Rev. 163 (2000), Jane B. Baron

UIC Law Review

No abstract provided.


History Unbecoming, Becoming History, Toni M. Massaro Jan 2000

History Unbecoming, Becoming History, Toni M. Massaro

Michigan Law Review

The last few decades have seen a torrent of legal commentary supporting gay equality and attacking the punishment, failure to protect, and refusal to affirm gay conduct and identity. William Eskridge, a prominent voice in this fin-de-siecle literature, now draws together and expands on his previous work in Gaylaw: Challenging the Apartheid of the Closet. Though far more successful in shaping the uses of the past than in showing the way to the future, the book instructs even where it fails. It augurs a century that could well witness the end of official discrimination against gay individuals, and the relegation …


The Pullman Strike: Yesterday, Today, And Tomorrow, 33 J. Marshall L. Rev. 583 (2000), William J. Adelman, Gerald E. Berendt, Melvin G. Holli Jan 2000

The Pullman Strike: Yesterday, Today, And Tomorrow, 33 J. Marshall L. Rev. 583 (2000), William J. Adelman, Gerald E. Berendt, Melvin G. Holli

UIC Law Review

No abstract provided.