Shobe on Agency-Congress Legislative Communications and Legislative History

Jarrod Shobe (Brigham Young University – J. Reuben Clark Law School) has posted Agency Legislative History (Emory Law Journal, Forthcoming) on SSRN.  Here is the abstract:  No tool of statutory construction has drawn as much scholarly and judicial attention and controversy as legislative history. This Article shows that the standard account of legislative history fails to account for legislative history generated through agency-Congress legislative communications, which is often among the most relevant legislative history. These communications, which this Article terms “agency legislative history,” have important implications for theories and practice of statutory interpretation and agency delegation.The account of agency legislative history provided here offers a new perspective on the legislative history debate and questions of how empirical realities of the legislative process should influence statutory interpretation. Agency legislative…

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