This seminar will introduce students to a range of approaches to statutory and constitutional interpretation, enabling them to consider the strengths and weaknesses of a variety of interpretive methodologies. The course will use Title VII of the Civil Rights Act to explore the interplay between administrative agency and judicial interpretations of statutes. It will explore the textualist, purposive and intentionalist approaches to statutory interpretation more generally, and also survey a variety of linguistic and substantive rules related to statutory interpretation, as well as the relevance of legislative history. These approaches will then be compared with the textualist, originalist and “living constitutional” approaches to constitutional interpretation, taking into consideration the strengths and weaknesses of each. Students will be challenged to consider differences in interpretating a constitution as opposed to a statute and to explore the ways that different interpretive approaches can put a “thumb on the scale” in terms of different substantive outcomes. This seminar is intended to serve as a capstone experience for students, bringing together a range of concepts and theories from first year to more advanced classes. Grading: Letter Credits: Variable Offered:
