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Against Coherence in Statutory Interpretation
2013
Social Science Research Network
A long tradition in legal theory views the judicial role as centrally including the duty to make the entire body of law "speak with one voice." This coherence ideal permeates much of the law of statutory interpretation, but one body of doctrine that it has particularly influenced is the set of standards that federal courts use to determine when a newly enacted statute overrides preexisting legal rules. Determining whether Congress implicitly intends to preempt state law, repeal previous
doi:10.2139/ssrn.2309071
fatcat:uoll62gjhfgpfo3ox2yj5j5cky