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James Macleod (Brooklyn Law School) has published "Surveys and Experiments in Statutory Interpretation" on SSRN. Here is the abstract:
The U.S. Supreme Court routinely purports to resolve statutory interpretation disputes by deferring to the “ordinary,” “public” meaning of the statute’s terms (their “OPM”). In recent years, scholars have begun using surveys and experiments to test judges’ claims about OPM in individual cases, and to critique or refine modern textualist theory and practice more generally. This chapter advances two main arguments. First, surveys and experiments can provide highly probative evidence of OPM. Drawing on the han
Posted by NELB Staff on 08/02/2023 at 09:30 AM | Permalink | Comments (0)
Welcome to the New Drugwonks.com | Drugwonks | drugwonks.com