Statutory Interpretation

This course explores the theories (and the realities) of the creation and interpretation of U.S. statutory law and the relationship between the courts and Congress in this interpretive process. We will study proceduralist, interest‑group, and public‑choice theories of the legislative process and address the strengths and weaknesses of the major theoretical approaches to statutory interpretation. The course examines Anew textualism,@ canons of construction, the appropriateness of consulting legislative history, and judicial deference to agency interpretations.