Abstract

Eskridge's article on Dynamic Statutory Interpretation advances an aggressively pragmatic theory of interpretation but has had more influence among academics than judges because of a failure to attend to the problems of writing a candid, pragmatic and dynamic judicial opinion. This article argues that, although not free from doubt, a candid judicial opinion is preferable, and discusses how to write such an opinion -- suggesting that judges rely on the "intent of the statute," not legislative intent; and adopt a personal/exploratory style in presenting their views.

Recommended Citation

William D. Popkin, "The Dynamic Judicial Opinion" Issues in Legal Scholarship, Dynamic Statutory Interpretation (2002): Article 7.
http://www.bepress.com/ils/iss3/art7