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The Continuity Of Statutory And Constitutional Interpretation: An Essay For Phil Frickey, Ernest A. Young
The Continuity Of Statutory And Constitutional Interpretation: An Essay For Phil Frickey, Ernest A. Young
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This Essay seeks to honor Phil by exploring the contributions of his Legal Process approach to a problem near and dear to his heart: the uses and legitimacy of canons of statutory construction. I focus, as Phil did in his most recent work, on the canon of constitutional avoidance—that is, the rule that courts should construe statutes to avoid significant ―doubt as to their constitutionality.
This Essay largely supports Phil‘s defense of the avoidance canon, but links that defense to another set of canons that Phil has criticized: the various clear statement rules of statutory construction that Phil and Bill …