November 12, 2009

"Can There Be An 'Undeclared' Canon of Statutory Interpretation?"

Anita Krishnakumar offers this blog post on her forthcoming William and Mary article on the Holy Trinity Church case and what she terms the "unique national institution" canon.

I read Anita's article in draft last summer and I highly recommend it as interesting and provocative. I'm also interested in the broader question Anita raises in her blog post. My forthcoming Democracy Canon piece deals with a canon recognized by state courts but mostly not recognized (though not rejected) by federal courts. Chris Elmendorf's response to my piece expresses skepticism about extending the canon to federal courts, and I'm working on a reply.

Posted by Rick Hasen at November 12, 2009 08:39 AM