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February 2012
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Dennis Jansen

Delaware does it differently.

Professor M feels strongly about Delaware’s statutory interpretation practices. Yes, there was a stamping of feet:

Professor M: “Wait, I also teach statutory interpretation and I don’t want you guys to assume the way Delaware treats statutes is the way that you should treat statutes. They jump right to common law.”

Professor M: “It’s like ‘bye bye statute! We don’t care about the statute! We are just going to go with the common law.’ (Professor slams book) “This is typical for Delaware. Don’t bother us pesky legislature!”

Professor M: “…I shouldn’t be so contemptuous of the legislature. The drafters really know what they are doing, but it doesn’t stop the courts from ignoring them anyway…”

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