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Statutory Default Rules
How to Interpret Unclear Legislation
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Einer Elhauge
Language:
English
Published/Copyright:
2008
About this book
Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. This book focuses on what judges should do once the legal materials fail to resolve the interpretive question.
Reviews
Statutory Default Rules is an important contribution to the debate over legal interpretation. It rehabilitates the imaginative-reconstruction approach of Learned Hand and gives it new intellectual foundations, including a sophisticated appreciation of relevant social science.
-- Adrian Vermeule, Harvard Law School
-- Adrian Vermeule, Harvard Law School
An important contribution to the field, cogently written and well-organized, it will spark lively discussion in a domain of legal scholarship that could certainly use it.
-- Mariano-Florentino Cuellar, Stanford Law School
-- Mariano-Florentino Cuellar, Stanford Law School
The book is a masterpiece which I will be using in my own work (hopefully) for decades to come!
-- Jonathan Macey, Yale Law School
-- Jonathan Macey, Yale Law School
Topics
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PART I Current Preferences Default Rules
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PART II Enactor Preferences Default Rules
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PART III Preference-Eliciting Default Rules
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PART IV Supplemental Default Rules
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PART V Objections
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Publishing information
Pages and Images/Illustrations in book
eBook published on:
July 1, 2009
eBook ISBN:
9780674033672
Pages and Images/Illustrations in book
Main content:
400
eBook ISBN:
9780674033672
Audience(s) for this book
Professional and scholarly;
