A Cautionary Essay Reflecting on the Use of Contextual Argument in Textualist Statutory Construction Analysis
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Authors
Imwinkelried, Edward J.
Issue Date
2024-04
Volume
57
Issue
2
Type
Journal Article
Language
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Alternative Title
Abstract
As Judge Calabresi has pointed out, this is the Age of Statutes. At one time, case or common law was the primary source of law in the United States. That is no longer true. American law has undergone a process of “statutorification.” Most of the cases on the docket of the United States Supreme Court raise statutory interpretation issues, not questions of common or constitutional law. In many doctrinal areas such as Evidence, legislatures have adopted comprehensive, largely self-contained codes. For example, in 1975 the Federal Rules of Evidence took effect.
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Publisher
Creighton University School of Law