Ejusdem Generis: What Is It Good For?

Abstract

This article criticizes the canon of construction called ejusdem generis. The article covers the views of legislative drafters and commentators; the canon’s many qualifications; its considerable uncertainty and malleability; its relation to the canon noscitur a sociis; and its use in United States v. Kaluza (Fifth Circuit) and Yates v. United States (Supreme Court). It also includes advice for drafters.

Keywords: textualism. judicial interpretation, canons of constructions, ejusdem generis, noscitur a sociis, Yates v. United States