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March 02, 2021

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anon

a question that immediately occurs to this reader:

The guidance regarding use of phrases, like regarding, subject to, etc., IMHO, is excellent. The question:

Should courts construe statutes in accord with this guidance? Would this adherence require a presumption that any legislator or staff member actually read, understood and paid any attention to this guide?

Fitzwilliam Darcy

A much more manageable guide to legislative drafting is that produced by the Uniform Law Commission for the uniform state laws it promulgates:
https://www.uniformlaws.org/viewdocument/drafting-rules-2012

Uniform state laws drafted for the ULC are not drafted by professional legislative drafters, and indeed are often drafted by first-timers. The ULC's drafting guide is written with that in mind.

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