Appeals in Federal Courts by Prosecuting Entities Other than the United States: The Plain Meaning Rule Revisited

In Arizona ;. Manypenny, the United States Supreme Court held that the federal appeals statute, 28 United States Code section 1291, permits appeals by a state prosecutor in federal court if such appeals are authorized by state law. This Article examines the need for an integrated theory of statutory interpretation to resolve the issue of whether states and territories have a right to appeal in federal court. The Article then addresses the broader issue raised by Manypenny: when should the plain meaning rule be applied and a statutes plain meaning adopted?

The Article concludes by offering a comprehensive scheme of statutory analysis and interpretation.