Statutory Interpretation

Quick Info
(2930.03)  Course
Instructor(s)
B. Kettles, A. Porter, and D. Montgomery; Adjunct Professors
Fall
3 credit(s)  3 hour(s);
Presentation
In-person lectures and discussion.
Upper Year Research & Writing Requirement
No
Praxicum
No

This course will: (a) provide the means to critically evaluate and apply approaches to the interpretation of statues, both as a matter of theory and practice; and (b) give students the opportunity to apply these approaches to various legal problems and examples. Various topics will be discussed, including:

1. Judicial approaches to statutory interpretation;
2. Competing interpretive theories;
3. The nature of “legislative intent”;
4. Maxims and rules of interpretation, both common law and statutory;
5. Presumptions underlying the interpretive exercise;
6. Practical considerations in legislative drafting; and
7. Evidence of legislative intent.

The overall emphasis is on the language of the law and the practical application of statutory language and concepts.

Method of Evaluation: 60% Take-Home Examination, 25% In-Class Presentation, 15% Class Participation.