Drawing upon new citation data and archival research, Nicholas R. Parrillo’s Leviathan and Interpretive Revolution: The Administrative State, the Judiciary, and the Rise of Legislative History, 1890-1950, 123 Yale Law Journal ___ (2013) “reveals that judicial use of legislative history became routine quite suddenly, in about 1940. The key player in pushing legislative history on the judiciary was the newly expanded New Deal administrative state. By reason of its unprecedented manpower and its intimacy with Congress (which often meant congressmen depended on agency personnel to help draft bills and write legislative history), the administrative state was the first institution in American history capable of systematically researching and briefing legislative discourse and rendering it tractable and legible to judges on a wholesale basis. By embracing legislative history circa 1940, judges were taking up a source of which the bureaucracy was a privileged producer and user — a development integral to judges’ larger acceptance of agency-centered governance. Legislative history was, at least in its origin, a statist tool of interpretation.” Interesting. — Joe
- Goodbye World
- House Judiciary Committee’s Articles of Impeachment
- Implied Constitutional Powers in the Founding Era
- Witness written statements in first Judiciary Committee impeachment hearing
- The Trump-Ukraine Impeachment Inquiry Report
- Negotiating the American Constitution (1787-1789) Coalitions, Process Rules, and Compromises
- Measuring Law Faculty Scholarly Impact by Citations: Reliable and Valid for Collective Faculty Ranking
- Is There a Case for Statistical Precedent?
- When Courts Should Ignore Statutory Text
- Beck’s The Parts We Skip: A Taxonomy of Constitutional Irrelevancy
Just in case you don't get it: The views expressed are solely those of the blog post author and should not be attributed to anyone else, meaning they do not necessarily represent the views of any organization that the post author is affiliated with or with the views of any other author who publishes on this blog.
- 241,159 hits