Comments on: Can There Be An “Undeclared” Canon of Statutory Interpretation? http://www.concurringopinions.com/archives/2009/11/can-there-be-an-undeclared-canon-of-statutory-interpretation.html The Law, the Universe, and Everything Tue, 14 Feb 2012 14:44:18 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Bobo Linq http://www.concurringopinions.com/archives/2009/11/can-there-be-an-undeclared-canon-of-statutory-interpretation.html/comment-page-1#comment-66204 Bobo Linq Thu, 12 Nov 2009 02:49:26 +0000 http://www.concurringopinions.com/?p=22052#comment-66204 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." 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.”

]]> By: Bill Reynolds http://www.concurringopinions.com/archives/2009/11/can-there-be-an-undeclared-canon-of-statutory-interpretation.html/comment-page-1#comment-66201 Bill Reynolds Thu, 12 Nov 2009 01:09:44 +0000 http://www.concurringopinions.com/?p=22052#comment-66201 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. 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.

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