Public Values in Statutory Interpretation

Realism in Statutory Interpretation and Elsewhere

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...

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...

Approaches to Statutory Interpretation and Legislative History in France

In France, Justice Jackson’s question about where to look for the meaning of a statute would be phrased in broader terms and would not be limited to the question of whether to look only at the words of a statute or also at the legislative intent. French law starts from the premise that statutes and codes are the foundations of the legal system in the same way that cases are the foundation of th...

Protean Statutory Interpretation in the Courts of Appeals

This Article is the first in-depth empirical and doctrinal analysis of differences in statutory interpretation between the courts of appeals and the Supreme Court. It is also among the first to anticipate how the Supreme Court’s interpretive approach may shift with the passing of Justice Scalia. We begin by identifying factors that may contribute to interpretive divergence between the two judic...