Pages

Wednesday, November 15, 2017

Distinguishing Legislative History from Statutory History (11/15/17)

In my Federal Tax Procedure - (2017 Practitioners Ed. ), here, p. 7 n. 22, I state:
Legislative history is different from statutory history, which is “the formal changes in the [statute] made by the legislature when it enacts new laws and amends them over time.” William N. Eskridge, Jr., Interpreting Law: A Primer on How to Read Statutes and the Constitution 204 (Foundation Press 2016).
I think that many do not distinguish between the two and use the terms interchangeably.  But as noted, they are really two different concepts. 

I thought that fans of this subject might enjoy the following blog: Jonathan H. Adler, Justice Sotomayor looks at ‘statutory history,’ not ‘legislative history’ (The Volokh Conspiracy 11/14/17), here.

I do not discuss this distinction in the Student Edition but users of the Student Edition may also want to note the distinction.  I will likely lift the distinction from the footnote to the text in the next Editions so that it will appear in both Editions.

No comments:

Post a Comment

Comments are moderated. Jack Townsend will review and approve comments only to make sure the comments are appropriate. Although comments can be made anonymously, please identify yourself (either by real name or pseudonymn) so that, over a few comments, readers will be able to better judge whether to read the comments and respond to the comments.