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"Any".

Authors :
Brudney, James J.
Leib, Ethan J.
Source :
Brigham Young University Law Review. 2023, Vol. 49 Issue 2, p465-511. 48p.
Publication Year :
2023

Abstract

Our statute books use the word "any" ubiquitously in coverage and exclusion provisions. As any reader of the Supreme Court's statutory interpretation docket would know, a large number of cases turn on the contested application of this so-called universal quantifier. It is hard to make sense of the jurisprudence of "any." And any effort to offer a unified approach--knowing precisely when its scope is expansive (along the "literal-meaning" lines of "every" and "all") or confining (having a contained domain related to properties provided by contextual cues)--is likely to fail. This Article examines legislative drafting manuals, surveys centuries of Court decisions, and conducts in-depth pairwise comparisons of "any" cases to show the word's flexible set of uses in its multiple statutory guises. After evaluating evidence of the variability of "any," we recommend a new approach, a form of an "any" canon. We encourage adjudicators to appreciate the complexity of "any" more systematically and to consult a full range of sources--as even full-throated textualists have authorized from time to time--offering the relevant larger context judges will need to ascertain the scope of "any" in any given statutory scheme. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
0360151X
Volume :
49
Issue :
2
Database :
Academic Search Index
Journal :
Brigham Young University Law Review
Publication Type :
Academic Journal
Accession number :
174675629