The Yale Law Journal

Grace Sullivan

Note

A Textualist Response to Two Texts: Positive-Law Codification and Interpreting Section 1983

Grace Sullivan

Textualists have yet to explain how to interpret codified positive-law text, which is revised by bureaucrats then enacted by Congress, where it differs from original text. This Note’s proposed solution is the “two texts canon.” When applied to Section 1983, the two texts canon demands that qualified…