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A New Approach To Statutory Interpretation In Washington, Philip A. Talmadge
A New Approach To Statutory Interpretation In Washington, Philip A. Talmadge
Seattle University Law Review
In this article, I will first explore Washington's existing law, both statutory and judicial, on statutory interpretation. I will then evaluate the mechanisms for construing statutes derived from common law and legislative sources. Finally, I will recommend a new paradigm for statutory construction so that legislative intent may be more accurately conveyed to the courts, abandoning many of the time-encrusted canons in favor of principles of interpretation adhering more specifically to the legislature's actual statutory language.
Denying Private Attorney Fee Recovery Under Cercla: Bad Law And Bad Policy, Karen M. Mcgaffey
Denying Private Attorney Fee Recovery Under Cercla: Bad Law And Bad Policy, Karen M. Mcgaffey
Seattle University Law Review
This Article argues that the Ninth Circuit decision in Stanton Road was wrong. Section II of this Article describes the majority and dissenting opinions in Stanton Road. Section III argues that the majority misread Supreme Court precedent, leading it to adopt an excessively formalistic approach to statutory construction. It argues that the majority should have used traditional approaches to statutory construction and that those approaches would have produced a different result. Finally, the Article concludes by arguing that the Ninth Circuit's decision distorts the intent of Congress in enacting CERCLA and hinders private efforts to clean up hazardous waste.