Statutory Interpretation

Quick Info
(2930.03)  Course
Instructor(s)
B. Kettles, A. Porter, and D. Montgomery; Adjunct Professors
Fall
3 credit(s)  3 hour(s);
Presentation
In-person lectures and discussion.
Upper Year Research & Writing Requirement
No
Praxicum
No

This course will: (a) provide the means to critically evaluate and apply approaches to the interpretation of statues, both as a matter of theory and practice; and (b) give students the opportunity to apply these approaches to various legal problems and examples. Various topics will be discussed, including:
 
1.        Judicial approaches to statutory interpretation;
2.        Competing interpretive theories;
3.        The nature of “legislative intent”;
4.        Maxims and rules of interpretation, both common law and statutory;
5.        Presumptions underlying the interpretive exercise;
6.        Practical considerations in legislative drafting; and
7.        Evidence of legislative intent.
 
The overall emphasis is on the language of the law and the practical application of statutory language and concepts.

Method of Evaluation: 60% Take-Home Examination, 25% In-Class Presentation, 15% Class Participation.