Principles of Regulatory Law - Week 2: Statutory Interpretation

Unit 1: Statutory Interpretation Canons

Statutory Interpretation Canons: Tools and methods for interpreting statutes.
Sources of Meaning:
- Intrinsic Sources: Within the statute (language, structure).
- Extrinsic Sources: Outside the statute (legislative history).
- Policy-Based Canons: Based on policy interpretation.

Words/Text of the Statute:
- Statutory Definitions: Provided by Congress, overriding ordinary meanings.
- Ordinary/Plain Meaning: A reasonable person's understanding; can be aided by dictionaries.
- Technical Definitions: Specific to technical contexts.
- Common Law Definitions: Derived from common law.
Plain Meaning Rule:
- Words generally have plain or ordinary meaning.
- Judges use own understanding or dictionaries.
- Issues with dictionaries: Choice of dictionary, time period, multiple meanings.
Technical Meaning Rule:
- Exception to plain meaning.
- Applies if the word/phrase has specific meaning in a technical context.
Judges Looking Beyond Plain Meaning:
- Ambiguity: Lexical (multiple meanings) or Structural (sentence structure).
- Absurdity: Results conflicting with intent, monstrous consequences.
- Scrivener’s Error: Obvious drafting mistakes.
- Constitutional Issues: When ordinary meaning raises such issues.

Lexical Ambiguity: Word/phrase with multiple meanings.
- Example: "$1000 fine for littering."
Structural Ambiguity: Grammatical structure causing multiple interpretations.
- Example: "Visiting relatives can be boring."

General Rule: Important unless ordinary meaning suggests otherwise.
Example: "A panda eats shoots and leaves."
Use of "And" vs. "Or":
- "And" typically means both; "Or" means either.
- Singular and plural are interchangeable unless specified.
- Masculine, feminine, and neuter pronouns are inclusive.
Mandatory vs. Discretionary Language:
- Words like "shall," "may," "must" are important.
- "Shall" and "must" generally mandatory; "may" is discretionary.
- Penalties indicate mandatory interpretation.