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The Role Of Purposivism In The Delegation Of Rulemaking Authority To The Courts, Michael Rosensaft Mar 2004

The Role Of Purposivism In The Delegation Of Rulemaking Authority To The Courts, Michael Rosensaft

ExpressO

The courts are often used by Congress as a “political lightning rod,” when Congress cannot decide how to resolve an issue. Congress relies on administrative agencies for their expertise, and it also makes sense for Congress to delegate some rulemaking authority to the courts, relying on a court’s expertise in developing caselaw in an incremental basis. However, this authority should not be lightly implied. A court can tell that Congress has delegated rulemaking authority to it when the purpose of the statute is clear and the text is broadly worded. It thus makes sense in these cases that purposivism should …


Tools, Not Rules: The Heuristic Nature Of Statutory Interpretation, Morell E. Mullins Sr. Jan 2004

Tools, Not Rules: The Heuristic Nature Of Statutory Interpretation, Morell E. Mullins Sr.

Faculty Scholarship

No abstract provided.


The Cauldron Boils: Supplemental Jurisdiction, Amount In Controversy, And Diversity Of Citizenship Class Actions, Richard D. Freer Jan 2004

The Cauldron Boils: Supplemental Jurisdiction, Amount In Controversy, And Diversity Of Citizenship Class Actions, Richard D. Freer

Faculty Articles

Ultimately, it does not matter how or even whether the Supreme Court resolves the issue. The fact that we still do not know whether Zahn lives ­after thirteen years-demonstrates that legislation concerning the jurisdiction of the federal courts should not be the hurried product of a few drafters whose work is not circulated for broader discussion. Ours is a world in which any change to a Federal Rule of Civil Procedure-no matter how minor-must be circulated and subjected to public comment and review. Yet the jurisdiction of the federal courts can be changed in relative secrecy and haste. Congress committed …