Using Legislative History In American Statutory Interpretation
Using Legislative History in American Statutory Interpretation examines the United States Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes those issues in light of the arguments of several leading theorists.\ The book separates the utility and usability of legislative history from theories based on legislative intention. Rather than basing an argument for using legislative history...
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Using Legislative History in American Statutory Interpretation examines the United States Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes
Ch. 1Introduction1Ch. 2Statutory Interpretation in the U.S. Supreme Court9Ch. 3Threshold Conditions for Invoking Legislative History31Ch. 4The Role of Legislative History in Cases of Judicial Deference to Agency Interpretations47Ch. 5Permissible Kinds of Legislative History61Ch. 6The Early History of Using Legislative History77Ch. 7A Summary of the United Kingdom's Use of Legislative History89Ch. 8Razian Authority and Legislative Intentions107Ch. 9Conclusion - Justices Scalia and Breyer on Whether or Not to Use Legislative History153Epilogue: A Recapitulation of the Eight Basic Questions187Bibliography191
