A Process Failure Theory of Statutory Interpretation

Statutory Interpretation in the Era of OIRA

The Article is a case study regarding a rule governing cooling water towers for power plants promulgated pursuant to the Clean Water Act (”CWA”). It analyzes the history of the Office of Information and Regulatory Affairs (”OIRA”) within the Office of Management and Budget (”OMB”), and its influence in compelling the Environmental Protection Agency (”EPA”) to conduct cost-benefit analysis of al...

Realism in Statutory Interpretation and Elsewhere

Elected Judges and Statutory Interpretation Aaron - Andrew

This Article considers whether differences in methods of judicial selection should influence how judges approach statutory interpretation. Courts and scholars have not given this question much sustained attention, but most would probably embrace the “unified model,” according to which appointed judges (such as federal judges) and elected judges (such as many state judges) are supposed to approa...

Do Theories of Statutory Interpretation Matter--A Case Study

Measurement Interpretation in Qualitative Process Theory

Interpreting measurements of physical systems consists in part of constructing an account of "what's happening" in terms of our commonsense physical theories. Since most systems involve change, qualitative dynamics plays a central role in such deductions. This paper presents a theory of measurement interpretation at an instant, based on Qualitative Process Theory. Appropriate notions of measure...