Interpretation of Statutes

Can Legislatures Constrain Judicial Interpretation of Statutes?

An aspect of the battle over deconstruction is whether resort to legislative intent might help to determine the content of a statutory text that otherwise, in splendid isolation, could be deconstructed by simply positing different interpretive contexts. I examine the same issue by recounting my own quest for determinate meaning in statutes—a sort of personal legislative history. I do not claim ...

The Federal Common Law of Statutory Interpretation: Erie for the Age of Statutes

Judging Statutes: Thoughts on Statutory Interpretation and Notes for a Project on the Internal Revenue Code

Court responses to Tarasoff statutes.

Twenty-three states have enacted Tarasoff statutes applicable to psychiatrists. Since the first such statute was enacted in California in 1985, a significant number of courts in states with this and similar statutes have reviewed Tarasoff-type claims. This article reviews courts' analyses in 76 such cases. There were five basic categories identified, including cases that (I) did not reference t...

The Political Economy of Takeover Statutes