Ryan D. Doerfler

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84.2
The (Not So) Plain Meaning Rule
William Baude
Neubauer Family Assistant Professor of Law, The University of Chicago Law School

We appreciate helpful comments and criticisms from Larry Alexander, Samuel Bray, Eric Citron, Jonah Gelbach, Abbe Gluck, Richard McAdams, Sean Mirski, Eric Posner, Richard Re, Stephen Sachs, Adam Samaha, Frederick Schauer, Asher Steinberg, James Stern, David Strauss, Ilan Wurman, the participants in the Legislation Roundtable at the Benjamin N. Cardozo School of Law, and the editors of The University of Chicago Law Review. We also appreciate research support from the SNR Denton Fund and the Alumni Faculty Fund, and excellent research assistance from Kelly Holt.

Ryan D. Doerfler
Assistant Professor of Law, University of Pennsylvania Law School

Many tenets of statutory interpretation take a peculiar form. They allow consideration of outside information—legislative history, practical consequences, the statute’s title, etc.—but only if the statute’s text is unclear or ambiguous.