Document Type

Article

Comments

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)

Abstract

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

2013

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