Class 7: Substantive Canons
The idea of the linguistic canons form the last class is to supply a set of value-neutral rules of grammar, syntax, and the like that can help us determining the meaning of a statute. Substantive canons are different: the idea is to pick an interpretation that promotes a particular value. What justifies these canons? And how do they operate?
Reading:
Lenity: United States v. Bass (399-409)
Constitutional avoidance: Zadvydas v. Davis
Retroactivity (409-10)
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