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Legislation And Statutory Interpretation
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Book Synopsis Legislation and Statutory Interpretation by : William N. Eskridge (Jr.)
Download or read book Legislation and Statutory Interpretation written by William N. Eskridge (Jr.) and published by . This book was released on 2006 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. It contains in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.
Book Synopsis Statutes and statutory construction by : J.G. Sutherland
Download or read book Statutes and statutory construction written by J.G. Sutherland and published by Рипол Классик. This book was released on 1972 with total page 871 pages. Available in PDF, EPUB and Kindle. Book excerpt: Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
Book Synopsis Dynamic Statutory Interpretation by : William N. Eskridge
Download or read book Dynamic Statutory Interpretation written by William N. Eskridge and published by Harvard University Press. This book was released on 1994 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
Book Synopsis Statutory Construction and Interpretation by :
Download or read book Statutory Construction and Interpretation written by and published by The Capitol Net Inc. This book was released on 2010-06-15 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the primary rules courts apply to discern a statute's meaning. However, each matter of interpretation before a court presents its own challenges, and there is no unified, systematic approach used in all cases. While schools of statutory interpretation may vary on what factors should be considered, all approaches start (if not necessarily end) with the language and structure of the statute itself. In analyzing a statute's text, courts are guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context.
Book Synopsis LEGISLATING STATUTORY INTERPRETATION by : CHRISTOPHER. HUNT
Download or read book LEGISLATING STATUTORY INTERPRETATION written by CHRISTOPHER. HUNT and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mastering Statutory Interpretation by : Linda D. Jellum
Download or read book Mastering Statutory Interpretation written by Linda D. Jellum and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material. The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning.
Book Synopsis Statutory and Common Law Interpretation by : Kent Greenawalt
Download or read book Statutory and Common Law Interpretation written by Kent Greenawalt and published by Oxford University Press. This book was released on 2013 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.
Book Synopsis Mastering Legislation, Regulation, and Statutory Interpretation by : Linda D. Jellum
Download or read book Mastering Legislation, Regulation, and Statutory Interpretation written by Linda D. Jellum and published by . This book was released on 2019-12-27 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Statutory Interpretation by : Ronald Benton Brown
Download or read book Statutory Interpretation written by Ronald Benton Brown and published by . This book was released on 2002 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reading Law written by Antonin Scalia and published by West Publishing Company. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Book Synopsis Modern Statutory Interpretation by : Jeffrey Barnes
Download or read book Modern Statutory Interpretation written by Jeffrey Barnes and published by Cambridge University Press. This book was released on 2023-01-10 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Statutory Interpretation is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. It provides a comprehensive coverage of statutory interpretation law, legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques.
Book Synopsis Statutory Default Rules by : Einer Elhauge
Download or read book Statutory Default Rules written by Einer Elhauge and published by Harvard University Press. This book was released on 2008-02-28 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.
Book Synopsis The Language of Statutes by : Lawrence Solan
Download or read book The Language of Statutes written by Lawrence Solan and published by University of Chicago Press. This book was released on 2010-12 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.
Book Synopsis The Theory and Practice of Statutory Interpretation by : Frank B. Cross
Download or read book The Theory and Practice of Statutory Interpretation written by Frank B. Cross and published by Stanford University Press. This book was released on 2008-11-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.
Book Synopsis An Introduction to Statutory Interpretation and the Legislative Process by : Abner J. Mikva
Download or read book An Introduction to Statutory Interpretation and the Legislative Process written by Abner J. Mikva and published by Aspen Publishers. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Mikva and Lane address: The Interpretation of Statutes - By reading interpretive cases, the authors demonstrate that statutory interpretation is not simply the search for legislative meaning or intent, but also the exercise of power by a separate branch of government. Organized around two types of cases, those where the statutory language is clear and where it is unclear, this chapter delves into judicial approaches to statutory interpretation and the tools employed for that purpose, as well as criticism of such approaches. The Legislative Process - Addresses the environment in which the consideration of legislation takes place and the dynamics of the enactment process. The Enactment of a Statute - Follows a particular bill through the window of the Congressional Record. This illustrates the details and language of the legislative process. The Anatomy of a Statute - A dissection of the structure, form, and generic provisions. The Publication of Statutes - Offers insights.--From publisher's description.
Book Synopsis Statutes and Statutory Construction by : Jabez Gridley Sutherland
Download or read book Statutes and Statutory Construction written by Jabez Gridley Sutherland and published by . This book was released on 1904 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 256 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.
