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Can There Be An “Undeclared” Canon of Statutory Interpretation?

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2 Responses

  1. Bill Reynolds says:

    Canons are useful as reminders of possible interpretive methods, but they should never be routinely followed. Always remember Karl Llewellyn and his warning on counter-canons in 4 Vanderbilt.

    I used to teach that the baseball antitrust exemption was based on the old Chevvy commercial–”baseball, apple pie, and Chevrolet–but the lower cts have been whittling away at that. At best, baseball is now a canon lite.

  2. Bobo Linq says:

    Presumably you are referring not to a “unique canon about national institutions,” but rather to a “canon about unique national institutions.” You should therefore probably write: “unique-national-institution canon.”

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