Law Commons^™

The Scrivener’S Error, Ryan D. Doerfler

Northwestern University Law Review

It is widely accepted that courts may correct legislative drafting mistakes, i.e., so-called scrivener’s errors, if and only if such mistakes are “absolutely clear.” The rationale is that if a court were to recognize a less clear error, it might be “rewriting” the statute rather than correcting a technical mistake.

This Article argues that the standard is much too strict. The current rationale ignores that courts can “rewrite,” i.e., misinterpret, a statute both by recognizing an error and by failing to do so. Accordingly, because the current doctrine is designed to protect against one type of mistake (false positives) but …

Statutory Interpretation: Core Meaning And Marginal Uncertainty, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Legislative History And Maryland Statutory Construction, Bernard S. Meyer

Maryland Law Review

No abstract provided.

Statutory Interpretation -- Light From Plowden's Reports, Frank Edward Horack

Articles by Maurer Faculty

No abstract provided.