Canons of Construction and the Elusive Quest for Neutral Reasoning

Vanderbilt Law Review | January 1, 2005| | Copyright

Over the past two decades, the canons of construction have experienced a remarkable revival in the courts and the legal academy. While the role of this interpretive resource has been heavily theorized, it has until now been underexplored from an empirical standpoint. Professors Brudney and Ditsle ar rely on empirical assessment and doctrinal analysis to uncover the Supreme Court's complex patterns of reliance on the canons during the Burger and Rehnquist Court eras. The authors' dataset consists of 632 Supreme Court decisions-every case decided by written opinion from 1969 to 2003 that direc ...

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