Statutory Interpretation in the Administrative State

Forensic psychiatry, statutory law, and administrative rules.

This commentary highlights the importance of statutory law and administrative rules to the practice of forensic psychiatry. Often small changes in laws and rules significantly shape the practice environment of psychiatrists, whether in the hospital setting or in the community. A case example is presented to illustrate how significant changes were made in the treatment refusal procedures in Oreg...

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...

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...