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Full-Text Articles in Jurisprudence
Intentionalism Justice Scalia Could Love, Hillel Y. Levin
Intentionalism Justice Scalia Could Love, Hillel Y. Levin
Scholarly Works
Book review of The Nature of Legislative Intent by Richard Ekins (Oxford 2012).
Contemporary Meaning And Expectations In Statutory Interpretation, Hillel Y. Levin
Contemporary Meaning And Expectations In Statutory Interpretation, Hillel Y. Levin
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This Article introduces and explores an approach to, or theme within, statutory interpretation, one grounded in contemporary meaning and expectations. This approach posits that judges interpreting ambiguous statutes are and should be constrained by the understanding and expectations of the contemporary public as to the law’s meaning and application. These are developed in response to, and mediated by, the actions and statements of government officials and the broader community. The Article argues that this apparently radical approach is necessary in order for law to maintain its moral force, and further that the principles underlying it are embedded in several doctrines …
Samantar And Executive Power, Peter B. Rutledge
Samantar And Executive Power, Peter B. Rutledge
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This essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive power. Samantar represents simply the latest effort by the Executive Branch to literally shape the meaning of law through a process referred to in the literature as “executive lawmaking.” While traditional accounts of executive lawmaking typically have treated the idea as a singular concept, Samantar demonstrates the need to bifurcate the concept into at least two different categories: acts of executive lawmaking decoupled from pending litigation and acts of executive lawmaking taken expressly in response to litigation. As Samantar …