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Textualism's Failures: A Study of Overruled Bankruptcy Decisions


Daniel J. Bussel


University of California, Los Angeles (UCLA) - School of Law


53 Vanderbilt Law Review 887 (2000)

Abstract:     
This Article presents new empirical evidence bearing on the efficacy of textualism as a method of statutory interpretation. The data set consists of all bankruptcy decisions superseded by amendments to the Bankruptcy Code 1978-1998 (N=58), but the results have meaningful implications for theory and practice in interpreting statutes outside the bankruptcy field as well. Analysis of the bankruptcy decisions indicates that the cases subsequently overruled by statute are much more likely to adopt textualist methods of interpretation (p<.001) than randomly selected cases. If rational and efficient development and administration of complex statutory schemes in a manner consistent with democratically selected policies is the primary goal of interpretation, this evidence supports judicial reconsideration of textualism and should reinforce pragmatists' commitment to pragmatic interpretation. Analysis of legislatively overruled bankruptcy decisions also lends insight into other variables (including court, region, age, prevailing party and chapter) associated empirically or theoretically with statutory overruling and the efficacy of legislative error-correction by amendment.

Number of Pages in PDF File: 61

JEL Classification: K4, K0, K29, H1

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Date posted: December 8, 1999 ; Last revised: November 11, 2014

Suggested Citation

Bussel, Daniel J., Textualism's Failures: A Study of Overruled Bankruptcy Decisions. 53 Vanderbilt Law Review 887 (2000). Available at SSRN: http://ssrn.com/abstract=193008

Contact Information

Daniel J. Bussel (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-206-7977 (Phone)
310-825-6023 (Fax)
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