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LAW Statutory Interpretation

Litigation/ADR: Family Law/Trust & Estate Litigation

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Litigation/ADR
Family Law/Trust & Estate Litigation

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LAW 425

Statutory Interpretation

Law School

Recommended for route(s):

[ Academia ] Litigation/ADR: Family Law/Trust & Estate Litigation

Why it is relevant for ...

[ Academia ] as a Foundational Course : There are many statutes regulating the processes of our law courts and access to the legal justice system. Consequently, it is important for litigators to hone their skills in statutory interpretation. Appellate lawyers strongly encourage anyone who is interested in appellate work to take this course and Federal Courts. The ability to present thoroughly researched legal arguments in an orderly and logical manner is key for any litigator, but particularly so for appellate litigators. It is frequently said that trial lawyers focus on presenting the facts in an appeal to the equities of the case as well as the applicable law, while appellate lawyers write for an appellate court concerned with uniformity of the law as well as a just result for the litigants.

General course Description:

Statutory law is the dominant source of contemporary law, and it is the form of law that lawyers are likely to confront most often in almost any area of practice. It is also an area of vibrant intellectual debate, as scholars, Supreme Court justices, and others debate the methods and aims of statutory interpretation. This course will stress both the practical and theoretical dimensions of interpretation. Students will learn and apply the methods of statutory interpretation. We will also spend considerable time on contemporary controversies, such as debates about textualist, purposive and dynamic interpretation; about the use of legislative history and canons of construction; about the special interpretive problems that arise in the context of direct democracy; and about the democratic and constitutional foundations of statutory interpretation itself. Readings will draw from political science as well as law.

Course Style: A Substantive course teaches the law, theory, and policy in a particular area of law

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