This course explores a variety of questions concerning the creation of legal meaning involved in the interpretation of statutes. Coverage will run from highly abstract questions to those with more obvious bearing on arguing before courts. The class will examine a series of theoretical views - public choice, legal process, positivist, pragmatist, and communitarian, among others - concerning the intelligibility of a search for the “meaning” of statutes, and the institutional role of court's in this process. Materials for the course will consist of the statutory interpretation chapters of Eskridge, Frickey, and Garrett’s Cases and Materials on Legislation, 3d ed. (West 2001). The class will test the various theoretical perspectives raised against the cases, statutes, and other legislative materials discussed therein. At the discretion of the Associate Dean and instructor, this course may be offered for either two or three credits.
Current & Previous Instructors:
|This course is not currently scheduled.|