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Full-Text Articles in Law
Democratizing Interpretation, Anya Bernstein
Democratizing Interpretation, Anya Bernstein
William & Mary Law Review
Judges interpreting statutes sometimes seem eager to outsource the work. They quote ordinary speakers to define a statutory term, point to how an audience understands it, or pin it down with interpretive canons. But sometimes conduct that appears to diminish someone’s power instead sneakily enhances it. So it is with these forms of interpretive outsourcing. Each seems to constrain judges’ authority by handing the reins to someone else, giving interpretation a democratized veneer. But in fact, each funnels power right back to the judge.
These outsourcing approaches show a disconnect between the questions judges pose and the methods they use …
Referential Meaning: The Static Aspects, Reed Dickerson
Referential Meaning: The Static Aspects, Reed Dickerson
Articles by Maurer Faculty
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