Dear Student,

Welcome to The Law School Playbook!  I’m Halle Hara, a professor of academic success and personal skills coach to law students and attorneys.  I’m glad you’re here!  In the episode, we will be focusing on steps 1 and 2 of reading and interpreting statutes, which we know are to:  slow down (step 1) and determine how the statute fits into the big picture by looking at surrounding statutory materials (step 2).

To do so, consider the following facts:  In 2016, a commercial airline pilot named Sean Fitzgerald showed up for work “rip-roaring drunk.”  He was set to fly that morning, so he readied the jet for take-off.  More specifically, Fitzgerald conducted a walk-around safety check before entering the cockpit, where he calibrated the altimeter, programmed the flight-management system, turned on the auxiliary power unit, and requested flight clearance from air-traffic control.  Fitzgerald’s co-pilot realized that he was intoxicated and alerted airline executives, who in turn notified local law enforcement.

Before the passengers boarded, Fitzgerald was arrested and charged under 18 U.S.C. § 342, which makes it a crime to operate a common carrier while intoxicated.  The language of that statute provides:

Whoever operates or directs the operation of a common carrier while under the influence of alcohol or any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), shall be imprisoned not more than fifteen years or fined under this title, or both.

Assuming any of the roles here—counsel for Fitzgerald, counsel for the government, or the judge—the first thing we need to do if we want to read and interpret this statute is to slow down and avoid painting with a broad brush.

So, now that we have reminded ourselves to slow down (step 1), next we will endeavor to determine how this statute fits into the big picture (step 2) by looking at the table of contents and the surrounding sections.  We will also look for a section that defines key terms.  When I do that, I learn that previous section, 18 U.S.C. § 342, is indeed a definition section.  It reads:

As used in this chapter, the term “common carrier” means a locomotive, a rail carrier, a sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier.

Here, there seems to be no dispute that the facts involve an air common carrier because we know that Fitzgerald is a commercial airline pilot.

The section that follows § 343 is 18 U.S.C. § 344, which is also of interest because it contains “presumptions.”  It provides:

For purposes of this chapter—

(1) an individual with a blood alcohol content of .10 percent or more shall be presumed to be under the influence of alcohol; and

(2) an individual shall be presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual.

Because the facts tell us that Fitzgerald was intoxicated, we are interested in (a), which tells us that for purposes of this law, Fitzgerald needed to have a blood alcohol content of at least .10 percent.

We are now armed with knowledge before breaking down the statute as required by step 3.  Tune in to the next episode to see how we’ll do that.

If would you like to read this episode, get suggestions for further reading, or to request individual coaching with me, please visit my website at www.lawschoolplaybook.com.

As always, do your best, and I’ll be rooting for you!

References and Further Reading

Georgetown University Law Center:  A Guide to Reading, Interpreting and Applying Statutes (2017). https://www.law.georgetown.edu/wp-content/uploads/2018/12/A-Guide-to-Reading-Interpreting-and-Applying-Statutes-1.pdf.

Sarah Landrum, Law School Success:  Tips for Reading Statutes (Feb. 13, 2015). https://lawschoolacademicsuccess.com/2015/02/03/statutory-interpretation/.

Ruth Ann McKinney, Reading Like a Lawyer: Time-Saving Strategies for Reading Law Like an Expert 219–233 (2d ed. 2012).

Deborah Maranville, Teaching Statute Reading Basics in a First Year Doctrinal Course:  A “Handout” and Suggested Exercises, Law Teacher, Inst. For Law. Sch. Teaching 18–20 (Spring 2013).

Ira Nathenson, How to Read a Rule or Statute (Sept. 12, 2014). https://www.nathenson.org/courses/civpro/resources/how-to-read-a-rule-or-statute/.