Prerequisites: For JD students, Legislation and Regulation is required. LLM students will need to seek the permission of the instructor to waive the prerequisite and enroll in this course.
Exam Type: No Exam
With the presence and passing of Justice Scalia from the Court, statutory interpretation has come to occupy – alongside constitutional law – the locus of arguments around theories of how to interpret law. Moreover, most modern law is contained in statutes and administrative regulations, which lawyers tend to confront alongside case law in almost every area of practice. Building on basic concepts of Legislation and Regulation, this course aims to further explore theories of the legislative process, judicial interpretation of statutes, and agency implementation of legislation. We will explore ongoing controversies about legislation, regulation, and interpretation, including deep debates about textualist, purposive and dynamic interpretation; about the use of legislative history and canons of construction; and about the constitutional foundations of statutory interpretation. Although there is no single subject matter focus of the course, a significant portion of the substantive areas of law will cover criminal law and anti-discrimination law.