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LAW Statutory Interpretation

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Litigation
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LAW 425

Statutory Interpretation

Law School

Recommended for route(s):

[ Litigation ] Public Interest Law: General

Why it is relevant for ...

[ Litigation ] as a Foundational Course : At some point, most public interest lawyers will become involved in litigation or advocacy where the legislative history of a particular piece of complex legislation is relevant. In order to determine both how to work within the law and how to work to change the law where it is not working, they will have to learn the case law interpretations and the limitations of the particular legislative scheme. Students interested in a public interest law practice should take a course like this one in order to develop skills in the interpretation of both statutory text and legislative history. Courses on environmental law, poverty law or the antidiscrimination laws also analyze complex schemes of legislation in their specific subject matter areas. The student interested in one of these specific areas may want to develop skills in statutory interpretation by selecting one of these courses in lieu of the general skills course, or in addition to it.

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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