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Full-Text Articles in Law
Practical Tips For Interpreting Statutory Overrides, Deborah A. Widiss
Practical Tips For Interpreting Statutory Overrides, Deborah A. Widiss
Articles by Maurer Faculty
No abstract provided.
Undermining Congressional Overrides: The Hydra Problem In Statutory Interpretation, Deborah Widiss
Undermining Congressional Overrides: The Hydra Problem In Statutory Interpretation, Deborah Widiss
Articles by Maurer Faculty
Statutory overrides — that is, amendments to supersede a judicial interpretation of a statute — are the primary mechanism by which Congress signals disagreement with court interpretations; they are essential to protect the separation of powers and the promise of legislative supremacy. But in Gross v. FBL Financial Services, the Supreme Court held that Congress’s override of a judicial interpretation of Title VII did not control the interpretation of identical language in the Age Discrimination in Employment Act, and further that Congress’s “neglecting” to amend the ADEA when it amended Title VII was a clear signal that Congress intended the …
Shadow Precedents And The Separation Of Powers: Statutory Interpretation Of Congressional Overrides, Deborah Widiss
Shadow Precedents And The Separation Of Powers: Statutory Interpretation Of Congressional Overrides, Deborah Widiss
Articles by Maurer Faculty
In both judicial decisions and critical commentary on statutory interpretation, the possibility of congressional override is generally considered a significant balance to the countermajoritarian reality that courts, through statutory interpretation, make policy. This Article demonstrates that the "check" on judicial power provided by overrides is not as robust as is typically assumed. One might assume that overridden precedents are functionally erased or reversed. But because Congress technically cannot overrule a prior decision, courts must determine whether the enactment of an override fully supersedes the prior judicial interpretation. Overrides thus raise unique, and previously largely ignored, questions of statutory interpretation. Using …
The Dynamic Judicial Opinion, William D. Popkin
The Dynamic Judicial Opinion, William D. Popkin
Articles by Maurer Faculty
Eskridge's article on Dynamic Statutory Interpretation advances an aggressively pragmatic theory of interpretation but has had more influence among academics than judges because of a failure to attend to the problems of writing a candid, pragmatic and dynamic judicial opinion. This article argues that, although not free from doubt, a candid judicial opinion is preferable, and discusses how to write such an opinion - suggesting that judges rely on the "intent of the statute," not legislative intent; and adopt a personal/exploratory style in presenting their views.
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.
Legitimation And Statutory Interpretation: Conquest, Consent, And Community In Federal Indian Law, David C. Williams
Legitimation And Statutory Interpretation: Conquest, Consent, And Community In Federal Indian Law, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In State Courts -- A Study Of Indiana Opinions, William D. Popkin
Statutory Interpretation In State Courts -- A Study Of Indiana Opinions, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson
United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Foreword: Nonjudicial Statutory Interpretation, William D. Popkin
Foreword: Nonjudicial Statutory Interpretation, William D. Popkin
Articles by Maurer Faculty
In the past decade the study of statutory interpretation has gone from benign neglect to intense scrutiny, but the emphasis has remained on interpretation by courts. This symposium takes a different approach. The major theme is that interpretation depends on the interpreter and that we can gain insight into statutory interpretation, even by courts, from analyzing the strengths and weaknesses of nonjudicial interpreters. Part I of this Foreword places the symposium in the broader setting of recent literature on statutory interpretation, briefly reviewing the major schools of thought and explaining the contributors' perspectives. Part II sets forth my own views …
Obscene Telephone Calls: An Introduction To The Reading Of Statutes, Reed Dickerson
Obscene Telephone Calls: An Introduction To The Reading Of Statutes, Reed Dickerson
Articles by Maurer Faculty
Members of the legal profession continually confront problems of statutory interpretation. Unfortunately, most lawyers have been inadequately trained to read and to draft statutes, resulting in poorly reasoned judicial decisions and policy choices.
In this Article, Professor Dickerson explores common problems associated with statutory interpretation. In exploring these problems, he describes the cognitive process involved in reading a statute and the large fund of tacit assumptions that condition this process. Through a case study analysis, he suggests a method of approaching problems of statutory interpretation.
Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair
Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair
Articles by Maurer Faculty
In everyday conversation social conventions constrain our speech and aid understanding of the speech of others. These social conventions have been analyzed by the philosopher H.P. Grice and others. Professor Sinclair explores the applicability of such conventions to statutes and thereby derives a set of pragmatic rules of statutory construction. These rules explain some of the intuitions underlying "canons of construction" and their limitations and provide a basis for understanding and for criticizing some important judicial decisions.
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Articles by Maurer Faculty
Every communication that is generated by a written instrument consists of two elements which must be considered in arriving at the meaning of the communication. Those elements are: (1) the written vehicle itself, and (2) its surrounding context. The surrounding context which thus completes the communication consists only of those underlying cultural aspects which, when considered in relation to the written vehicle, are: (1) relevant to the written vehicle, (2) reliable, (3) shared by the author and the audience, and (4) relied on by both author and audience to complete the communication. The author suggests that those cultural elements which …
Statutory Interpretation: Core Meaning And Marginal Uncertainty, Reed Dickerson
Statutory Interpretation: Core Meaning And Marginal Uncertainty, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Objectives In The Field Of Legislation, Frank Edward Horack
Objectives In The Field Of Legislation, Frank Edward Horack
Articles by Maurer Faculty
No abstract provided.
Cooperative Action For Improved Statutory Interpretation, Frank Edward Horack Jr.
Cooperative Action For Improved Statutory Interpretation, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
The Disintegration Of Statutory Construction, Frank E. Horack Jr.
The Disintegration Of Statutory Construction, Frank E. Horack Jr.
Indiana Law Journal
No abstract provided.
Effect Of Statutory Limitation Of Term Of Office Created By Legislature
Effect Of Statutory Limitation Of Term Of Office Created By Legislature
Indiana Law Journal
Recent Cases: Interpretation and Construction
Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.
Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Change In Interpretation After Reenactment
Change In Interpretation After Reenactment
Indiana Law Journal
Notes and Comments: Statutory Construction
Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr.
Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.