Search the Issue Archive

Volume14
Year2005
TitleWhat is New in the New Statutory Interpretation? Introduction to The Journal of Contemporary Legal Issues Symposium
Author(s)Mathew D. McCubbins & Daniel B. Rodriguez
First Page535
AbstractTheoretical debates in the contemporary statutory interpretation literature have made for some rather strange bedfellows. While disagreement rages in the law journals and in the pages of the federal reports about how best to construe statutes, there is widespread agreement amount scholars and judges of diverse ideological stripes on the following claim: Intentionalist interpretation, that is, interpretation that follows the principle that the will of the authors of the statute ought to govern the interpretation of legislation where the meaning of such legislation is in dispute, is deeply problematic as a method of construing statutes in hard cases.