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Series

Intellectual Property Law

Columbia Law School

Washington University Law Review

1994

Articles 1 - 1 of 1

Full-Text Articles in Law

Textualism And The Future Of The Chevron Doctrine, Thomas W. Merrill Jan 1994

Textualism And The Future Of The Chevron Doctrine, Thomas W. Merrill

Faculty Scholarship

The last decade has been a remarkable one for statutory interpretation. For most of our history, American judges have been pragmatists when it comes to interpreting statutes. They have drawn on various conventions – the plain meaning rule, legislative history, considerations of statutory purpose, canons of construction – "much as a golfer selects the proper club when he gauges the distance to the pin and the contours of the course." The arrival of Justice Scalia on the Supreme Court has changed this. Justice Scalia is a foundationalist, insisting that certain interpretational tools should be permanently banned from judicial use. What is more ...