Judging Statutes

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199362149
Total Pages : 184 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Judging Statutes by : Robert A. Katzmann

Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction

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Publisher :
ISBN 13 :
Total Pages : 1040 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction by : E. Fitch Smith

Download or read book Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction written by E. Fitch Smith and published by . This book was released on 1848 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Construction

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Publisher : Harvard University Press
ISBN 13 : 0674045157
Total Pages : 315 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Construction by : Keith E. Whittington

Download or read book Constitutional Construction written by Keith E. Whittington and published by Harvard University Press. This book was released on 2009-06-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (118 download)

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Book Synopsis Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction by : E. Fitch Smith

Download or read book Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction written by E. Fitch Smith and published by . This book was released on 1848 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union

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Publisher :
ISBN 13 :
Total Pages : 1172 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union by : Thomas McIntyre Cooley

Download or read book A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union written by Thomas McIntyre Cooley and published by . This book was released on 1903 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction (Classic Reprint)

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Publisher : Forgotten Books
ISBN 13 : 9781334975073
Total Pages : 1014 pages
Book Rating : 4.9/5 (75 download)

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Book Synopsis Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction (Classic Reprint) by : E. Fitch Smith

Download or read book Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction (Classic Reprint) written by E. Fitch Smith and published by Forgotten Books. This book was released on 2017-01-11 with total page 1014 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction The difficulty of grasping, and at the same time couden sing this subject, presents to the mind, much intrinsic di icul ty, well calculated to embarrass and perplex an author. The subject itself, is of such a nature, as not to be susceptible of illustration and exemplification, like many common law rules, by a few succinct, terse, elementary principles. Without ex. Emplification, and illustration, the elementary principles of constitutional construction, can hardly be so stated as to be clearly understood, or rendered intelligible. Any work on con stitutional law without this, would be a mere digest, and val nless to the profession, except as an index of cases. A con viction of this, has in many instances, induced me to insert at some length, the reasons upon which a particular construc tion has been founded. This has been done to an extent, which would be unwarranted in a commentary upon almost any other juridical subject. In this country, there has, for a long time, been evinced in our legislative bodies, a propensity to legislate, so much so, that even unconstitutional legislation, or at least, that of doubtful constitutionality, has been carried to an alarming extent. An excess of legislation, is one of the greatest evils Wth has engrafted itself upon our politi cal institutions. It has indeed become as a mildew, and blighting curse upon the body politic, and the jurisprudence of the present age. A deep conviction of this fact, has in duced me, in numerous instances, to interpose objections to par ticular acts of legislation, and to protest against their validity. I have endeavored to support such objections by such argu ments and facts, as for the time being, lay within the range of my intellectual powers. Whenever this has been done. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."

Reports of Cases Argued and Determined in the Supreme Court of the State of Arkansas ... in Law and Equity, Etc. [By Albert Pike and Others.] Vol. 1-43

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Publisher :
ISBN 13 :
Total Pages : 754 pages
Book Rating : 4.0/5 (27 download)

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Book Synopsis Reports of Cases Argued and Determined in the Supreme Court of the State of Arkansas ... in Law and Equity, Etc. [By Albert Pike and Others.] Vol. 1-43 by : Arkansas. Supreme Court

Download or read book Reports of Cases Argued and Determined in the Supreme Court of the State of Arkansas ... in Law and Equity, Etc. [By Albert Pike and Others.] Vol. 1-43 written by Arkansas. Supreme Court and published by . This book was released on 1840 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Keeping Faith with the Constitution

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Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

The Revised Statutes of the State of New York

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Publisher :
ISBN 13 :
Total Pages : 1406 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The Revised Statutes of the State of New York by : New York (State)

Download or read book The Revised Statutes of the State of New York written by New York (State) and published by . This book was released on 1859 with total page 1406 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Duties and Liabilities of Sheriffs in Their Various Relations to the Public and to Individuals, Etc

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Publisher :
ISBN 13 :
Total Pages : 524 pages
Book Rating : 4.0/5 (26 download)

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Book Synopsis The Duties and Liabilities of Sheriffs in Their Various Relations to the Public and to Individuals, Etc by : Otis ALLEN

Download or read book The Duties and Liabilities of Sheriffs in Their Various Relations to the Public and to Individuals, Etc written by Otis ALLEN and published by . This book was released on 1845 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841]

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ISBN 13 :
Total Pages : 552 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841] by : New York (State). Supreme Court

Download or read book Reports of Cases Argued and Determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York [1828-1841] written by New York (State). Supreme Court and published by . This book was released on 1829 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The New-York Legal Observer

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Publisher :
ISBN 13 :
Total Pages : 412 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The New-York Legal Observer by : Samuel Owen

Download or read book The New-York Legal Observer written by Samuel Owen and published by . This book was released on 1849 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Index-catalogue of the Law Library of the Supreme Court of Ohio. May 1, 1914

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Publisher :
ISBN 13 :
Total Pages : 736 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Index-catalogue of the Law Library of the Supreme Court of Ohio. May 1, 1914 by : Ohio. Supreme Court. Law Library

Download or read book Index-catalogue of the Law Library of the Supreme Court of Ohio. May 1, 1914 written by Ohio. Supreme Court. Law Library and published by . This book was released on 1914 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Stempel and Knutsen on Insurance Coverage

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Publisher : Wolters Kluwer
ISBN 13 : 1454857587
Total Pages : 3864 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Stempel and Knutsen on Insurance Coverage by : Jeffrey W. Stempel

Download or read book Stempel and Knutsen on Insurance Coverage written by Jeffrey W. Stempel and published by Wolters Kluwer. This book was released on 2015-12-15 with total page 3864 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike most other books in the field, which slant toward either policyholder or insurer counsel, Stempel and Knutsen on Insurance Coverage takes an even-handed nonexcess and umbrella aking it useful to attorneys from all sides. Moreover, it's designed for practitioners from all professional backgrounds and insurance experience. Written in clear, jargon-free language, it covers everything from the basic insurance concepts, principles, and structure of insurance policies to today's most complex issues and disputes. The authors, Jeffrey W. Stempel and Erik S. Knutsen, are well-known authorities on the law of insurance coverage, and this new Fourth Edition of Stempel and Knutsen on Insurance Coverage is completely up-to-date on every aspect of its subject. This one-stop resource provides both a sound historical, theoretical and doctrinal grounding in insurance, as well being practice-oriented and packed with practical guidance. After providing information about insurance policies and issues in general, it focuses on specific types of policies and coverage such as property coverage, liability coverage, automobile coverage, excess and umbrella coverage, and reinsurance, plus such vital areas as employment, defective construction, and terrorism claims...Dandamp;O liability...ERISA...bad faith litigation...and much more. Plus, you'll find extensive examination of the commercial general liability (CGL) policy, the type of insurance involved in most major coverage cases. Among the most important CGL issues covered in Stempel and Knutsen on Insurance Coverage are: Pollution-related coverage Trigger of coverage Apportionment of insurer and policyholder responsibility Business risk exclusions Coverage under the andquot;personal injuryandquot; section of the CGL Coverage under andquot;advertising injuryandquot; Nowhere else will you find so much valuable current information, in-depth analysis, sharp insight, authoritative commentary, significant case law, and practical guidance on this critically important area. With its clear explanations and thorough, even-handed coverage, Stempel and Knutsen on Insurance Coverage is unlike any other resource in its field.

Statutes in Court

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Publisher : Duke University Press
ISBN 13 : 9780822323280
Total Pages : 368 pages
Book Rating : 4.3/5 (232 download)

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Book Synopsis Statutes in Court by : William D. Popkin

Download or read book Statutes in Court written by William D. Popkin and published by Duke University Press. This book was released on 1999 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.

Catalogue of the Law Library of the Supreme Court of Ohio

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Publisher :
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Catalogue of the Law Library of the Supreme Court of Ohio by : Ohio. Supreme Court. Law Library

Download or read book Catalogue of the Law Library of the Supreme Court of Ohio written by Ohio. Supreme Court. Law Library and published by . This book was released on 1894 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Stempel on Insurance Contracts

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Publisher : Wolters Kluwer
ISBN 13 : 0735554366
Total Pages : 3276 pages
Book Rating : 4.7/5 (355 download)

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Book Synopsis Stempel on Insurance Contracts by : Jeffrey W. Stempel

Download or read book Stempel on Insurance Contracts written by Jeffrey W. Stempel and published by Wolters Kluwer. This book was released on 2005-12-30 with total page 3276 pages. Available in PDF, EPUB and Kindle. Book excerpt: