Is the common-law mindset--in which a judge can maneuver through earlier cases to achieve a desired aim--suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Supreme Court Justice Scalia answers this question with a resounding negative, urging that judges resist the temptation to use legislative intention and legislative history. Commentaties follow.
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Is the common-law mindset--in which a judge can maneuver through earlier cases to achieve a desired aim--suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Supreme Court Justice Scalia answers this question with a resounding negative, urging that judges resist the temptation to use legislative intention and legislative history. Commentaties follow.
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