Brudney & Leib on Statutory Interpretation & Interbranch Dialogue

James J. Brudney (Fordham University School of Law) & Ethan J. Leib (Fordham University School of Law) have posted Statutory Interpretation as 'Interbranch Dialogue'? (UCLA Law Review, Vol. 66, No. 2, 2019 Forthcoming) on SSRN.  Here is the abstract: Much in the field of statutory interpretation is predicated upon “interpretive dialogue” between courts and legislatures. Yet, the idea of such dialogue is often advanced as little more than a slogan; the dialogue that courts, legislators, and scholars are imagining too often goes unexamined and underspecified. This Article attempts to organize thinking about the ways participants and theorists conceive, and should conceive, of interbranch dialogue within statutory interpretation. The Article itself proceeds by using a dialogic and dialectical method. It first develops various positions against “interbranch dialogue.” By invoking arguments from textualism, public choice, and…

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