Thursday, October 11, 2012
Localist Statutory Interpretation
I have uploaded to SSRN my latest statutory interpretation piece, Localist Statutory Interpretation, forthcoming in the University of Pennsylvania Law Review. An abstract follows:
This paper argues for more attention to citizens’ point of contact with our legal system within local courts – and makes an effort to conceptualize local judges as parts of local governments. Once the paper highlights the role of local courts within the constellation of local government, it offers an argument for why certain forms of "localist judging" are appropriate postures for local judges to take when confronted with hard cases of statutory interpretation. The paper explores the virtues of a type of "intrastate judicial federalism."
This paper provisionally works out some puzzles I stumbled on in my last piece on elected judges and statutory interpretation with Aaron-Andrew Bruhl, available here.
Posted by Ethan Leib on October 11, 2012 at 08:34 AM | Permalink
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