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Interpretation and Institutions

Cass R. Sunstein, Adrian Vermeule
2003 Michigan law review  
To evaluate theories of interpretation, it is necessary to focus on institutional considerations-to ask how actual judges would use any proposed approach, and to investigate the possibility that an otherwise  ...  It can be found in the work of early commentators on interpretation, including that of Jeremy Bentham; in the influential work of H.L.A.  ...  We make no pretense of supplying a complete and adequately nuanced intellectual history of interpretive theory.  ... 
doi:10.2307/1290510 fatcat:shlnzxuakfhndfu2mrq2j53n5y

Statutory Interpretation as Diplomacy

James J. Brudney
2002 Issues in Legal Scholarship  
In this article, Professor Brudney raises questions about the dynamic role that Eskridge envisions for courts as a normative matter.  ...  Brudney develops and illustrates his thesis through discussion of Supreme Court decisions interpreting federal workplace statutes.  ...  , which does so much to shape the contours of theory and doctrine in statutory interpretation.  ... 
doi:10.2202/1539-8323.1029 fatcat:m7ik7o67m5h4dfdgds7dv54bcy

Interpretation and Institutions

Cass R. Sunstein, Adrian Vermeule
2002 Social Science Research Network  
We make no pretense of supplying a complete and adequately nuanced intellectual history of interpretive theory.  ...  Indeed, institutional analysis might even enable interpreters to choose particular doctrines before, or in place of, choosing a theory of authority.  ... 
doi:10.2139/ssrn.320245 fatcat:k4zuls4o7fedhghdl5xvt6kvqu

Interpreting Nonshareholder Constituency Statutes

Stephen M. Bainbridge
2002 Social Science Research Network  
a firm is effectively controlled by the manag-* Associate Professor, University of Illinois College of Law.  ...  While it is almost as old as the corporate form itself, the debate took its modem form in the 1930s in an exchange between Professors Adolf Berle and Merrick Dodd.2 Berle showed that ownership and control  ...  In this model, the firm is a legal fiction representing a complex set of contractual relationships.  ... 
doi:10.2139/ssrn.310261 fatcat:ra7ucb6k6betxddhdfpussebf4

Causes of the Recent Turn in Constitutional Interpretation

Christopher H. Schroeder
2001 Duke law journal  
This should compel observers to look beyond these two traditional approaches for an adequate explanation of doctrinal change.  ...  Externalists can point to the "switch in time" as a particularly stark example of their model at work (although the switch itself was 95.  ...  Deciding where decisionmaking authority should lie is the predominant function of constitutional adjudication in general, and federalism adjudication in particular. 242 Accordingly, an evaluation of  ... 
doi:10.2307/1373235 fatcat:lhg2jduiuvg3lp3ppwgsja752e

Making Meaning: Towards a Narrative Theory of Statutory Interpretation and Judicial Justification

Randy Gordon
2017 Social Science Research Network  
The act of judging is complex involving finding facts, interpreting law, and then deciding a particular dispute.  ...  I conclude by remarking that a narrative theory of interpretation and justification may have universal relevance.  ...  ., a weak or insubstantial causal link, a lack of foreseeability, or a speculative or illogical theory of damages.)"). 13 See Holmes v.  ... 
doi:10.2139/ssrn.3037211 fatcat:gzltetrisbdfzlecdprrziwnv4

Turning the Kaleidoscope: Toward a Theory of Interpreting Precedents

Craig Green
2015 Social Science Research Network  
I consider four methods of interpreting precedents that rely on different categories of historical materials and can generate different interpretive results: (i) an opinion's text, which indicates a decision's  ...  Some judicial decisions have meanings that change over time, much like statutory and constitutional provisions, and sometimes interpreting a case requires more than reading an opinion's text.  ...  ., Clifford Geertz, Thick Description: Toward an Interpretive Theory of Culture, in THE INTERPRETATION OF CULTURES: SELECTED ESSAYS 3, 3-30 (1973). 118.  ... 
doi:10.2139/ssrn.2574661 fatcat:yuzbbwp67bfc5ofe623nwfilii

Interpreting Contracts via Surveys and Experiments

Omri Ben-Shahar, Lior Strahilevitz
2017 Social Science Research Network  
The Article develops and tests a novel regime-the "survey interpretation method"-in which interpretation disputes are resolved through large surveys of representative respondents, by choosing the meaning  ...  Interpreting the language of contracts may be the most common and least satisfactory task courts perform in contract disputes.  ...  The intermediate appellate court accepted this argument, as some other jurisdictions had done, and determined that the crash would be covered in the absence of a causal link. 147 The Supreme Court of  ... 
doi:10.2139/ssrn.2905873 fatcat:d7scofj6zjgwjje4p322wlkrqi

Embodied Realism as Interpretive Framework for Spirituality, Discernment and Leadership [chapter]

Jack Barentsen
2018 Contributions to Management Science  
Finally, leadership can be seen as the embodied performance of providing a safe holding environment amidst liminality in order to enable people to cope, to be transformed and to develop a new sense of  ...  Moreover, spiritual discernment takes shape, not as a disembodied practice of meditation to access the divine, but as embodied seeing, listening and feeling in a collective effort to understand God's call  ...  Embodied realism implies that spirituality, as a concern with the divine-human encounter, is an embodied phenomenon, as practiced in religious rituals and as confessed in the Christian doctrine of the  ... 
doi:10.1007/978-3-319-98884-9_8 fatcat:qa7dgayburawjjmezqdkae635u

Causing controversy: interpreting the requirements of causation in criminal law and tort law

Gemma Turton, Sally Kyd
2020 Northern Ireland Legal Quarterly  
The occurrence of a fatal road traffic collision may raise a number of legal issues and result in litigation both in the civil and criminal courts.  ...  Such cases are examined in this article as a vehicle for discussing how the principles of causation play out in each branch of law.  ...  the question of how the purposes of the two systems of law are reflected in their respective causal doctrines.  ... 
doi:10.53386/nilq.v70i4.242 fatcat:qpl62sxfbzanhj3nqheifru7ze

A Statute Overtaken by Time: The Need to Re-Interpret Federal Rule of Evidence 803(8)(a)(iii) Governing the Admissibility of Expert Opinions in Government Investigative Reports

Edward J. Imwinkelried
2014 Social Science Research Network  
acceptance test. 188 A popular scientific theory could lack adequate empirical support while, despite its novelty, a newly minted theory might have such support.  ...  REV. 1479, 1481 (1987) (setting "forth a cautious model of dynamic statutory The question is what form the re-reinterpretation should take. There are several possibilities. A.  ... 
doi:10.2139/ssrn.2393547 fatcat:pxdgp37jrvfn5lxflmt6uszwei

Order in Multiplicity: Aristotle on Text, Context and the Rule of Law

Maureen B. Cavanaugh
2000 Social Science Research Network  
Helvering, an early tax case articulating a non-literal statutory interpretation of * The title of this Article references CHRISTOPHER SHIELDS, ORDER IN MULTIPLICITY:  ...  Aristotle is frequently quoted in support of statements about the rule of law and methods of statutory interpretation. While frequent, quotation of and reliance on Aristotle has been selective.  ...  The fourth example is not necessarily a core-dependent homonym because of an absence of an obvious causal relationship to Socrates's healthy state.  ... 
doi:10.2139/ssrn.246817 fatcat:45kmrurtsvdylitcm2m2i2kbue

The Tort Label

Sandra Sperino
2013 Social Science Research Network  
overestimates the work that tort law can adequately perform in statutory interpretation.  ...  For example, in Staub, the Supreme Court indicated that the use of causal factor language in a statute incorporates "the traditional tort-law concept of proximate cause." 265 This statement suggests that  ... 
doi:10.2139/ssrn.2200990 fatcat:wtmqjicitzbjpf5ln3hqoawbji

The Three Justifications for Piercing the Corporate Veil

Jonathan R. Macey, Joshua Mitts
2014 Social Science Research Network  
Few doctrines are more shrouded in mystery or litigated more often than piercing the corporate veil.  ...  We demonstrate that a supposed justification for veil piercing-undercapitalization-in fact rarely, if ever, provides an independent basis for piercing the corporate veil.  ...  McChesney, Doctrinal Analysis and Statistical Modeling in Law: The Case of Defective Incorporation, 71 WASH U. L.Q. 493, 495 (1993). 41 42 43 44 45 46 John H.  ... 
doi:10.2139/ssrn.2398033 fatcat:fctazbhckzdpvbqfocic67vu3a

Discrimination Statutes, the Common Law, and Proximate Cause

Sandra Sperino
2012 Social Science Research Network  
The Supreme Court recently interpreted causal language in the Uniformed Services Employment and Reemployment Rights Act (USERRA) to include the common-law concept of proximate cause.  ...  This Article anticipates that courts will incorporate proximate cause more broadly into the primary federal discrimination statutes and argues that courts should not interpret the statutes in this way.  ...  To date, the courts have not adequately considered the complexity inherent in statutory proximate cause decisions.  ... 
doi:10.2139/ssrn.2013453 fatcat:o5hyss6zlvalte7cnl7k5zj4ue
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