Updating Statutory Interpretation

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...

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...

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...

Statutory Interpretation, Capture, and Tort Law: The Regulatory Compliance Defense