Legislation and Statutory Interpretation Law 5745

1
Legislation and Statutory InterpretationLaw 5745

• Professor Richard C. Reuben
• Class 9-1
• March 12, 2008

2
Legal Process Theory General Assumptions

• A belief that judicial decision making should be
  predicated upon neutral principles
• Abiding faith in democratic process as a means of
  self-governance and social problem-solving
• Separation of powers is both necessary and proper
• Institutional competence is a guide for
  allocation of decision-making
• Courts and legislatures are partners/agents in
  the setting of social policy
• Pragmatic realities of political process
  justifies judicial gap-filling, error correction,
  etc.

3
Legal Process TheoryApproach to Statutory
Interpretation

• Task Apply statute to case before it
• Decide what purpose of statute is (Mischief Rule)
• Interpret words to carry out purpose of statute
• Determining Purpose
• Figure out application in the clear case
• Use imaginative reconstruction reckon application
  in less clear immediate case
• Result must be rational
• Clear Statements required when
• Criminal statutes
• Departures from settled principles, policies
• Mood Deference to legislature or delegated agency

4
The Spelunkean Explorers

• Statute Whoever shall willfully take the life
  of another shall be punished by death.
• Key Facts
• Speluncean Society cave explorers trapped in cave
  for 32 days
• On 20th day, doctors on rescue team told them
  they would likely die of starvation if they did
  not cannibalize
• one of their own before rescue
• All agreed one must die, rolled
• dice to decide who it would be
• Whetmore, who had initially
• agreed but later withdrew
• from the deal, lost
• The explorers were rescued,
• then prosecuted for Whetmores
• murder

5
Legal Process Theory Departures from Plain
Language

• Avoid Absurd Results
• Speluncean Explorers (Foster)
• Correct legislative mistakes (Foster)
• Change of circumstances
• social context
• new legal rules and policies
• coherence with public norms

6
Correcting Legislative MistakesShine v. Shine
(1986)

• Key Facts Married couple decided to separate.
  She gets court order for him to pay her 250 a
  month support.
• They later get divorce, but divorce decree does
  not mention anything about support
• He files for bankruptcy, and seeks to have the
  250/month obligation discharged.
• District court says debt non-dischargeable
  because holding otherwise would be contrary to
  Congress intent to provide for spouses and
  children
• The Statute Support is nondischargeable if it
  is a debt to a spouse, former spouse, or child
  of the debtor, for alimony to, maintenance for,
  or support of such spouse or child, in connection
  with a separation agreement, divorce decree, or
  property settlement agreement. 11 USC
  523(a)(5)(1978).
• The Question What was the husband-debtor
  alleging?

7
Correcting Legislative MistakesUnited States v.
Locke (1985)

• Key facts
• The Lockes held a mining claim to federal land.
• Federal Land Policy and Management Act requires
  holders of such claims had to file certain
  documents with state officials prior to Dec.
  31" of each year.
• The Lockes filed the documents on Dec. 31st (they
  based their filing on information given to them
  by the state office). The office rejected the
  papers because they were too late.
• Lockes argue statutory language was scrivners
  error.
• U.S. Supreme Court No!
• Question Why was the result here different than
  the result in Shine?