Faithful agent theories of interpretation
One thing that has bothered me for a long time is the imprecision in the commonly tossed around idea that courts are supposed to act as “faithful agents” when they interpret statutes. E.g., Amy Coney Barrett, Substantive Canons and Faithful Agency, 90 B.U. L. Rev. 109, 110 (2010). The basic idea of this theory is […]