The cycles of statutory interpretation

Article Abstract:

The author examines the tendency of the US Supreme Court to oscillate over a range of positions on major questions of statutory interpretation over time. Two principle types of cycling mechanisms, litigation mechanisms and legislative-process mechanisms, are examined and a cycling model is proposed.

Models, Interpretation and construction, Law, Practice, Judicial process, United States. Supreme Court

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Norms, empiricism, and canons in statutory interpretation

Article Abstract:

The author argues that although methods of statutory interpretation should be subjected to empirical analysis to determine their value in furthering uniformity and consistency in law, such testing may be problematic because analytic approaches are subject to technical and normative pitfalls.

Analysis, Legal formalism

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