Private market ordering can make legislative materials available once courts settle their interpretive utility.

Evidence

In any event, is it not apparent that Justice Jackson’s criticism is beside the mark? As soon as the Supreme Court has definitively answered its question about the utility of legislative materials in the interpretation of federal statutes, cannot private ordering be counted upon to solve i problem of making the materials available? — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2153

Categorization

• DEFINE: Exemplifies the casebook’s editorial craft: posing the counter-argument to a justice’s influential critique, a move the reader (a law instructor) can adapt as course material.
• XREF: connects to: Federal legislative-history practice grew through two sequential expansions. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1972; Private arbitration can effectively substitute for courts — Lisa Bernestein, Opting out of the Legal System, 40; A settled statutory interpretation binds later courts like law, not dictum. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3173

Broader Connections

• A settled statutory interpretation binds later courts like law, not dictum. #corroborates (0.75) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3173
• Private arbitration can effectively substitute for courts #expands (0.72) — Lisa Bernestein, Opting out of the Legal System, 40