Farah Peterson, University of Virginia School of Law, has posted
Interpretation as Statecraft: Chancellor Kent and the Collaborative Era of American Statutory Interpretation, which appears in the
Maryland Law Review 77 (2018): 712-773. Here’s the abstract: “In the Early Republic, American judges acted as collaborators with state legislatures. They took on interpretive powers that blurred the line modern scholars expect to find between the legislative and judicial branches of government.”