Section Description Provided by Instructor
This section of Legislation will deal almost exclusively with the jurisprudence of statutory interpretation. Questions about the structure and functioning of legislatures will not be covered except insofar as they are reflected in the assumptions that courts and other interpreters adopt about legislatures. Topics covered include the interplay between text and purpose, cannons of statutory interpretation, the controversy over the use of legislative history, interpreting statues in light of judicial precedent and other statutes, the allocation of interpretative authority between courts and agencies, preemption doctrine, and issues posed by obsolete statutes. The text for the course is Caleb Nelson, Statutory Interpretation (Foundation Press 2011).
Assessment will be based on an 8-hour take home exam to draft a statutory interpretation opinion.
MW 10:40 a.m.–12 p.m.
Method of Evaluation
J.D. Writing Credit