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    • 20066-01
    • Legislation
    • Gluck
    • Mon 2:00 PM-3:35 PM
      Wed 2:00 PM-3:10 PM
    • 3
    • -
    • open enrollment
    • exam required

    Legislation (20066). 3 units. Most of Law School is focused on the common law, but statutory law comprises the vast majority of American law today, and cases involving how to interpret statutes form the basis of most modern legal practice. This course will introduce students to the legal doctrines and theories of statutory interpretation/legislation and will give students the tools to apply these principles and ideas to any area of statutory law. The course will utilize statutory cases across many fields--ranging from tax, to health, to discrimination, to national security--and so also will give students a small taste of many different areas of law. Our primary focus will be on the how courts' understandings of the legislative process--as well as courts' understandings of their own role in that process--affect how judges interpret statutes. We will learn the various "canons of interpretation," and we will consider questions such as: When statutes are obsolete should courts update them or read them as written, leaving the updating to Congress? Can Congress dictate how its statutes are interpreted by courts? Are the doctrines of statutory interpretation "law" in the same sense that other legal doctrines are? And we will explore the major battles in the statutory interpretation wars on the U.S. Supreme Court, most notably the battle between "textualists" and "purposivists." Throughout, we will pay close attention to the intersection of law and politics, and how Congress and the legislative process work, and conclude the course with an introduction to how administrative law and the modern regulatory state intersect with the field of legislation. Scheduled examination. A. R. Gluck.

    Note: Students who have taken Introduction to the Regulatory State are not eligible to take this course.

    Location: SLB - 120 (Mon)
    SLB - 120 (Wed)
    Grade mode: graded
    CRN: 10122
    Exam: 12/13/2016 at 9:00 AM SLB: 127
    Questions available online
    Name or Id: Id
    Length: 4 hour(s)