363.01 Legislation and Statutory Interpretation

Legislation is one of the most important forms of law in modern American society. Indeed, it has been said that we are living in an 'age of statutes.' Almost every aspect of legal practice involves construction of statutes, whether defining the jurisdiction of the courts or establishing the norms to which society must conform. In this course, we will examine the legal theory and practice of the making and enforcement of statutes. The course will begin with a study of the legislative process, with special attention to theories that seek to understand why some bills succeed where others fail. The next unit of the course will consider statutes as a unique source of law, comparing them to the common law and the Constitution. We will then move to the heart of the course, which will focus on how judges and other legal actors (agencies, enforcers, etc.) interpret statutes. There will be a take-home final for this course.

Spring 2017

Course Number Course Credits Evaluation Method Instructor
Course Credits
Take-home examination
Mathew D. McCubbins
Sakai site: https://sakai.duke.edu/portal/site/LAW.363.01.Sp17
Email list: LAW.363.01.Sp17@sakai.duke.edu
Degree Requirements
Course Requirements - JD
Course Requirements - LLM
Course Areas of Practice