April 2012 Vol. 110 No. 6 THE REVIEW

When Good Enough is Not Good Enough

Karl Stampfl

According to conventional wisdom, the state of statutory interpretation is not strong. Its canons of construction — noscitur a sociis, ejusdem generis, expressio unius est exclusio alterius, reddendo singula singulis, and more than a few others — are a morass of Latin into which many law students and even judges have sunk. Its practitioners are unprincipled. Its doctrines are muddied. Its victims are many. In short, the system is broken — unless, of course, it is not.

In The Language of Statutes: Laws and Their Interpretation, Lawrence M. Solan slices through the rhetoric, the fighting, and the law-review-article histrionics in an attempt to show that the system actually works pretty well. Solan admits that there are hard cases (p. 4). He even outlines how and when those hard cases are likely to arise, drawing on his expertise in cognition and linguistics (p. 4). But he argues that those hard cases are the exceptions (p. 4); to him, the easy cases are the rule (pp. 4-5).

Part of the problem, Solan writes, is that hardly anyone ever talks about those easy cases. Instead, commentators focus only on the difficult interpretive choices that reach the Supreme Court. Solan claims that this vantage point obscures the reality of the situation, which is that there is usually no dispute as to how a law will apply. Those are the easy cases. When the text of a statute reads "No vehicles allowed in the park" and the defendant has driven his pickup truck onto the Great Lawn, the rule clearly and neatly applies. The parties recognize that the statute applies. The case settles or the defendant pleads, and everyone goes home. No one writes law review articles about these cases.

   //  VIEW PDF
& Other Current Events

Crawford v. Washington: A Ten Year Retrospective

No one disputes the significance of Crawford v. Washington, 541 U.S. 36 (2004), which fundamentally transformed Confrontation...

Come Back to the Boat, Justice Breyer!

I want to get Justice Breyer back on the right side of Confrontation Clause issues. In 1999, in Lilly...

Crawford v. Washington: The Next Ten Years

Imagine a world . . . in which the Supreme Court got it right the first time. That is,...

The Crawford Debacle

First a toast-to my colleague Jeff Fisher and his Crawford compatriot, Richard Friedman, on the...

Confrontation and the Re-Privatization of Domestic Violence

When the Supreme Court transformed the right of confrontation in Crawford v. Washington, the prosecution...
MAILING LIST
Sign Up to Join Our Mailing List