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- Title
CONGRESSIONAL SILENCE AND THE STATUTORY INTERPRETATION GAME.
- Authors
STANCIL, PAUL
- Abstract
This Article explores the circumstances under which the federal legislative apparatus may be unable to respond to a politically objectionable statutory interpretation from the Supreme Court. The Article builds upon existing economic models of statutory interpretation, incorporating transaction costs into the analysis for the first time. The Article concludes by identifying recent real-world disputes in which transaction costs likely constrained Congress and the President from overriding the Court.
- Subjects
UNITED States; STATUTORY interpretation; ECONOMIC models; TRANSACTION costs; EXECUTIVE power; JUDICIAL power
- Publication
William & Mary Law Review, 2013, Vol 54, Issue 4, p1251
- ISSN
0043-5589
- Publication type
Article