Statutory Interpretation from the Inside -- An Empirical Study of Congressional Drafting, Delegation, and the Canons: Part I (with Lisa S. Bressman), 65 Stanford Law Review 901 (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 how Congress
drafts and what interpretive rules Congress knows, but, until now, there has been
almost no testing of those assumptions. This is the first of two Articles reporting
the results of the most extensive empirical study to date—a survey of 137 congressional
staffers drawn from both parties, both chambers of Congress, and
spanning multiple committees—on topics ranging from their knowledge and use
of the canons of interpretation, to legislative history, the administrative law deference
doctrines, the legislative process, and the courts-Congress relationship.
Date of Authorship for this Version
Gluck, Abbe R. and Bressman, Lisa Schultz, "Statutory Interpretation from the Inside -- An Empirical Study of Congressional Drafting, Delegation, and the Canons: Part I" (2013). Faculty Scholarship Series. Paper 4845.