Browsing Vanderbilt Law School Faculty Works by Subject "Law -- United States -- Interpretation and construction"

Now showing items 1-5 of 5

    • The Divergence of Constitutional and Statutory Interpretation 
      Stack, Kevin M. (Colorado Law Review, 2004)
      There is a peculiar point of agreement between prominent defenders of originalist and dynamic interpretive methods, that their preferred interpretive approach applies not just to statutes or to the Constitution, but to ...
    • Social Constraint or Implicit Collusion?: Toward a Game Theoretic Analysis of Stare Decisis 
      O'Connor, Erin O'Hara, 1965- (Seton Hall Law Review, 1993)
      This Article suggests an alternative, internal rationale for why judges follow precedents. The Article posits that stare decisis has evolved as a result of judges' preference for the doctrine. The Article begins with an ...
    • Statutory Interpretation from the Inside--An Empirical Study of Congressional Drafting, Delegation, and the Canons: Part I 
      Bressman, Lisa Schultz; Gluck, Abbe R (Stanford Law Review, 2013)
      What role should the realities of the legislative drafting process play in the theories and doctrines of statutory interpretation and administrative law? The ongoing debates frequently turn on empirical assumptions about ...
    • Suing Courts 
      Serkin, Christopher; Bloom, Frederic (University of Chicago Law Review, 2012)
      This Article argues for a new and unexpected mechanism of judicial accountability: suing courts. Current models of court accountability focus almost entirely on correcting legal errors. A suit against the court would ...
    • Textualism and Judgment 
      Sherry, Suzanna (George Washington Law Review, 1998)
      Akhil Amar has written a provocative defense of textualism as a method of constitutional interpretation. In the book from which his essay is drawn, Professor Amar uses his textualist method to interpret the Bill of Rights ...