State Legislative Drafting Manuals and Statutory Interpretation¶
Hart, G. E. (2016). State Legislative Drafting Manuals and Statutory Interpretation. Yale Law Journal, 126(2), 438-490.
Cited by¶
1 citation across 1 artifact.
Each citation links to the sentence it supports in the citing article.
Primes¶
- Rhetorical Velocity
- Tax statutes drafted with awareness that they will be excerpted and paraphrased by parties with different reading conventions apply the same move to policy.
This sourceDocuments that drafting manuals codify formatting/grammar/usage conventions precisely because statutory text is read selectively and excerpted by courts and others with differing interpretive conventions — drafting in anticipation of downstream recomposition.
Supported in partVerified against the work's full text
Hart shows state legislatures draft statutes in anticipation of how courts will read them, codifying interpretive canons; it says nothing specific to tax law or to excerpting.
“these references to canons of construction, the manuals are self-consciously “written in anticipation of judicial interpretation” and instruct drafters “on how courts are likely to interpret certain language .””
- Tax statutes drafted with awareness that they will be excerpted and paraphrased by parties with different reading conventions apply the same move to policy.
Verification¶
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