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The Dynamic Judicial Opinion
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William D. Popkin
Published/Copyright:
December 16, 2002
Eskridge's article on Dynamic Statutory Interpretation advances an aggressively pragmatic theory of interpretation but has had more influence among academics than judges because of a failure to attend to the problems of writing a candid, pragmatic and dynamic judicial opinion. This article argues that, although not free from doubt, a candid judicial opinion is preferable, and discusses how to write such an opinion -- suggesting that judges rely on the "intent of the statute," not legislative intent; and adopt a personal/exploratory style in presenting their views.
Published Online: 2002-12-16
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
- Article
- Attention to Context in Statutory Interpretation: Applying the Lessons of Dynamic Statutory Interpretation to Omnibus Legislation
- Dynamic Statutory Interpretation in the Administrative State
- Dynamic Statutory Interpretation and the Institutional Turn
- Justifying Dynamism
- Accounting for Accountability in Dynamic Statutory Interpretation and Beyond
- The Location and Limits of Dynamic Statutory Interpretation in Modern Judicial Reasoning
- The Dynamic Judicial Opinion
- Should Criminal Statutes Be Interpreted Dynamically?
- Agency Statutory Interpretation
- Statutory Interpretation as Diplomacy
- Earthquakes and Tremors in Statutory Interpretation: An Empirical Study of the Dynamics of Interpretation
- Hypnotized by Images of the Past: Dynamic Interpretation and the Flawed Majoritarianism of Statutory Law
- Dynamic Statutory Drafting: Calculating the Price of Legislative Imprecision
- Dynamic Interpretation: The Art of Persuasion
- Textualism's Exceptions
- The Dynamic Theorization of Statutory Interpretation
Articles in the same Issue
- Article
- Attention to Context in Statutory Interpretation: Applying the Lessons of Dynamic Statutory Interpretation to Omnibus Legislation
- Dynamic Statutory Interpretation in the Administrative State
- Dynamic Statutory Interpretation and the Institutional Turn
- Justifying Dynamism
- Accounting for Accountability in Dynamic Statutory Interpretation and Beyond
- The Location and Limits of Dynamic Statutory Interpretation in Modern Judicial Reasoning
- The Dynamic Judicial Opinion
- Should Criminal Statutes Be Interpreted Dynamically?
- Agency Statutory Interpretation
- Statutory Interpretation as Diplomacy
- Earthquakes and Tremors in Statutory Interpretation: An Empirical Study of the Dynamics of Interpretation
- Hypnotized by Images of the Past: Dynamic Interpretation and the Flawed Majoritarianism of Statutory Law
- Dynamic Statutory Drafting: Calculating the Price of Legislative Imprecision
- Dynamic Interpretation: The Art of Persuasion
- Textualism's Exceptions
- The Dynamic Theorization of Statutory Interpretation
