Faculty Blog Hosts Debate on Malani's "Ambiguity about Ambiguity" Paper
Here at Chicago, we love nothing more than a good debate, and this extends to the Faculty Blog as well. This week we're featuring a conversation about Professor of Law and Aaron Director Research Scholar Anup Malani's paper "Ambiguity about Ambiguity: An Empirical Inquiry into Legal Interpretation." Along with Prof. Malani, the debate will feature Malani's co-author, Ward Farnsworth '94 (Boston University), Professor Einer Elhauge (Harvard), Professor William Eskridge (Yale), Chicago's own Judge Richard Posner and Judge Frank Easterbrook '73, and Judge Stephen Williams (D.C. Circuit).
The abstract of Anup's paper is below, and you can download the complete paper here.
Most scholarship on statutory interpretation discusses what courts should do with ambiguous statutes. This paper investigates the crucial and analytically prior question of what ambiguity in law is. Does a c