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Full-Text Articles in Law
The Limited Relevance Of Plain Meaning, Stephen F. Ross
The Limited Relevance Of Plain Meaning, Stephen F. Ross
Journal Articles
In this essay, the author takes the position that linguists' principal expertise - ascertaining how language is used by ordinary speakers of English - is often of little value in interpreting controversial non-criminal federal statutes. Although linguistic techniques might still aid in understanding their meaning, the author's thesis is that extrinsic evidence that is known and accessible to this small sub-community - such as legislative history, established norms of construction, and other evidence about the context in which the legislation arose - is more likely than linguistic analysis to help an outside judge shed light on what Congress meant and …
The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen
The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen
Journal Articles
Part I of this article focuses on the history of parol evidence in contract interpretation, describing both Williston's and Corbin's definition and application of the parol evidence rule. With the adoption of the UCC and the Second Restatement, we suggest that Corbin's position-that expansion of admissibility of parol evidence will more accurately reflect the drafters' manifest intentions and minimize the judge's personal biases-has been accepted by experts and legislators alike. In Part II, we summarize the use of legislative history in statutory interpretation, focusing on the rise of the New Textualism and its critique of the use of legislative history …
Law And Linguistics: Is There Common Ground?, William D. Popkin
Law And Linguistics: Is There Common Ground?, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Book Review. Dynamic Statutory Interpretation By William N. Eskridge, Jr., William D. Popkin
Book Review. Dynamic Statutory Interpretation By William N. Eskridge, Jr., William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Severability In Statutes And Contracts, Mark L. Movsesian
Severability In Statutes And Contracts, Mark L. Movsesian
Faculty Publications
Established doctrine on the severability of unconstitutional statutory provisions has drawn criticism on almost every conceivable basis. Commentators have condemned severability doctrine as too malleable and as too rigid; as encouraging judicial overreaching and as encouraging judicial abdication. They have criticized the doctrine's reliance on legislative intent and its disregard of legislative intent; its excessive attention to political concerns and its inattention to political concerns; its lack of any coherent explanation.
The reasons for this lingering controversy are easy to discern. One is purely pragmatic. "We live in an age of statutes." Legislation provides our primary source of law in …