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Friday, November 18, 2022

The Textual Canons in Contract Cases: A Preliminary Study

I've just released my forthcoming paper in the Wisconsin Law Review about how the linguistic canons are used in contract cases in two jurisdictions (NY and CA).  I have a few follow-on projects flowing from this essay, so please let me know if you have comments or thoughts.  Here is the abstract:

This Essay is a first effort to explore how linguistic canons function in contract cases. Most lawyers know about ejusdem generis, expressio unius, and noscitur a sociis from their work in statutory interpretation, but no one has attempted any systematic inquiry into how these canons figure in contract interpretation. Looking at two jurisdictions’ use of textual canons in contract cases over time and in careful detail, this Essay reports findings and offers preliminary conclusions about the specific jurisdictions under review and more generally in a comparative vein, both inter-jurisdictionally and as compared to what we know about the same canons’ use within practices of statutory interpretation.

Posted by Ethan Leib on November 18, 2022 at 04:35 PM | Permalink


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