Law Commons^™

Avoiding Absurdity, Glen Staszewski

Indiana Law Journal

American courts have always interpreted statutes contrary to their plain meaning to avoid absurd results. John Manning, a prominent new textualist scholar, has recently challenged the legitimacy of the "absurdity doctrine" on the grounds that it cannot be justified by legislative intent or squared with principles of constitutional law. His critique relies, however, upon deeply contested economic theories of the legislative process and constitutional structure that view lawmaking as a market in which self-interested participants compete for resources.

This Article provides a comprehensive theoretical defense of the absurdity doctrine that relies instead upon significant aspects of civic republican theory, as …

Taking The Initiative: Political Parties, Primary Elections, And The Constitutional Guarantee Of Republican Governance, Gavin M. Rose

Indiana Law Journal

No abstract provided.