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Full-Text Articles in Law
The Court And The Code: A Response To The Warp And Woof Of Statutory Interpretation, Lawrence Zelenak
The Court And The Code: A Response To The Warp And Woof Of Statutory Interpretation, Lawrence Zelenak
Duke Law Journal
No abstract provided.
The Warp And Woof Of Statutory Interpretation: Comparing Supreme Court Approaches In Tax Law And Workplace Law, James J. Brudney, Corey Ditslear
The Warp And Woof Of Statutory Interpretation: Comparing Supreme Court Approaches In Tax Law And Workplace Law, James J. Brudney, Corey Ditslear
Duke Law Journal
Debates about statutory interpretation-and especially about the role of the canons of construction and legislative history-are generally framed in one-size-fits-all terms. Yet federal judges-including most Supreme Court Justices-have not approached statutory interpretation from a methodologically uniform perspective. This Article presents the first in-depth examination of interpretive approaches taken in two distinct subject areas over an extended period of time. Professors Brudney and Ditslear compare how the Supreme Court has relied on legislative history and the canons of construction when construing tax statutes and workplace statutes from 1969 to 2008. The authors conclude that the Justices tend to rely on legislative …
Justice Scalia’S Use Of Sources In Statutory And Constitutional Interpretation: How Congress Always Loses, Arthur Stock
Justice Scalia’S Use Of Sources In Statutory And Constitutional Interpretation: How Congress Always Loses, Arthur Stock
Duke Law Journal
No abstract provided.
Average Voting Members And Other “Benign Fictions”: The Relative Reliability Of Committee Reports, Floor Debates, And Other Sources Of Legislative History, George A. Costello
Average Voting Members And Other “Benign Fictions”: The Relative Reliability Of Committee Reports, Floor Debates, And Other Sources Of Legislative History, George A. Costello
Duke Law Journal
No abstract provided.
A Reply To Judge Starr’S Observations, Abner J. Mikva
A Reply To Judge Starr’S Observations, Abner J. Mikva
Duke Law Journal
No abstract provided.
Observations About The Use Of Legislative History, Kenneth W. Starr
Observations About The Use Of Legislative History, Kenneth W. Starr
Duke Law Journal
No abstract provided.