Dynamic Statutory InterpretationHarvard University Press, 1994 - 438 sider Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation. |
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... civil rights decisions from 1989 to 1991 do not represent its adherence to plain meaning . Instead , they represent its preference that civil rights statutes not " intrude ” into employer decision making , and its strategic decision to ...
... civil rights bills and supported stronger bills than those acceptable to Dirksen . Mansfield , a liberal Democrat , was to the left on civil rights issues , as was the president . See Whalen and Whalen , The Longest Debate . 28 ...
... Civil Rights Act of 1866 , 218 , 224–225 , 229 , 232–233 , 234 , 240 , 243 , 248 , 252 , 255 , 260–261 , 268 , 398n Civil Rights Act of 1871 , 83 , 158 , 224 , 229 , 232-233 , 255 Civil Rights Act of 1964 , 16–23 , 147. See also Title ...
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The Practice of Dynamic Statutory Interpretation | 9 |
Jurisprudential Theories for Reading Statutes Dynamically | 107 |
Doctrinal Implications of Dynamic Statutory Jurisprudence | 205 |
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