Philadelphia partner Alicia Hickok and associate Vishal Shah authored “Canons of Construction” for the winter edition of the American Bar Association’s Appellate Issues. The article summarized a recent panel discussion on the canons of construction, which included insights from Yale Law School professor William N. Eskridge, Jr., the Hon. Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit, and the Hon. Mariano-Florentino Cuéllar of the California Supreme Court.
Alicia and Vishal set forth the overview of the types of canons (textual, extrinsic source, and substantive) as well as the discussion that followed. Panelists examined the normative and actual roles of canons, how judges view them, and how canons affect judicial decisions. The article also notes some of the advice the panel provided for using canons.