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Full-Text Articles in Jurisprudence
Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl
Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl
Notre Dame Law Review
This Article addresses a problem that potentially arises whenever a federal court encounters a state statute. When interpreting the state statute, should the federal court use the state’s methods of statutory interpretation—the state’s canons of construction, its rules about the use of legislative history, and the like—or should the court instead use federal methods of statutory interpretation? The question is interesting as a matter of theory, and it is practically significant because different jurisdictions have somewhat different interpretive approaches. In addressing itself to this problem, the Article makes two contributions. First, it shows, as a normative matter, that federal courts …
Two Types Of Empirical Textualism, Kevin Tobia, John Mikhail
Two Types Of Empirical Textualism, Kevin Tobia, John Mikhail
Brooklyn Law Review
Modern textualist and originalist theories increasingly center interpretation around the “ordinary” or “public” meaning of legal texts. This approach is premised on the promotion of values like publicity, fair notice, and democratic legitimacy. As such, ordinary meaning is typically understood as a question about how members of the general public understand the text—an empirical question with an objective answer. This essay explores the role of empirical methods, particularly experimental survey methods, in these ordinary meaning inquiries. The essay expresses optimism about new insight that empirical methods can bring, but it also cautions against the view that these methods will deliver …
Rules, Tricks And Emancipation, Jessie Allen
Rules, Tricks And Emancipation, Jessie Allen
Book Chapters
Rules and tricks are generally seen as different things. Rules produce order and control; tricks produce chaos. Rules help us predict how things will work out. Tricks are deceptive and transgressive, built to surprise us and confound our expectations in ways that can be entertaining or devastating. But rules can be tricky. General prohibitions and prescriptions generate surprising results in particular contexts. In some situations, a rule produces results that seem far from what the rule makers expected and antagonistic to the interests the rule is understood to promote. This contradictory aspect of rules is usually framed as a downside …
Language's Empire: A Counter-Telling Of Administrative Law In Canada, Nicholas Hooper
Language's Empire: A Counter-Telling Of Administrative Law In Canada, Nicholas Hooper
LLM Theses
This thesis renders the unstated assumptions that animate statutory interpretation in the administrative state. It argues that the current approach is a disingenuous rhetorical overlay that masks the politics of definitional meaning. After rejecting the possibility of structuring principles in our (post)modern oversaturation of signs, the thesis concludes with an aspirational account of interpretive pragmatism in the face of uncertainty.
The Chaotic Pseudotext, Paul F. Campos
Book Review, Paul Campos
That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos
That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos
Publications
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