Academic

Davies on Congressman Mann & Secret Legislative History

By Lawrence Solum

Ross E. Davies (George Mason University School of Law) has posted The Secret Meaning of Intent on SSRN. Here is the abstract:

At the Supreme Court (and elsewhere) there has long been a wide range of views about the proper way to go about interpreting statutes. From time to time, some of those views are blessed with knowledgeable, articulate, and outgoing proponents. These days the debate is perhaps most vigorous, and certainly most entertaining, between Justice Antonin "Plain Meaning" Scalia and Justice Stephen "Legislative Intent" Breyer. Almost a century ago, the debaters were Justices William R. Day and Joseph McKenna, but with a twist: in one important case they were joined in the debate (in secret) by Congressman James R. Mann, who had some secret legislative history of his own to share.

You want to read this very short & intriguing piece.

Full post as published by Legal Theory Blog on February 21, 2011 (boomark / email).