Statutory Default Rules

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Publisher :
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Statutory Default Rules by : Einer Elhauge

Download or read book Statutory Default Rules written by Einer Elhauge and published by . This book was released on 2008-02-28 with total page 408 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. This book focuses on what judges should do once the legal materials fail to resolve the interpretive question.

Statutes and statutory construction

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Publisher : Рипол Классик
ISBN 13 : 5876844616
Total Pages : 871 pages
Book Rating : 4.8/5 (768 download)

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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.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

United States Code

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Publisher :
ISBN 13 :
Total Pages : 1506 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Statutory and Common Law Interpretation

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Publisher : Oxford University Press
ISBN 13 : 0199756147
Total Pages : 402 pages
Book Rating : 4.1/5 (997 download)

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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.

Judging Statutes

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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.

Guidelines Manual

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Publisher :
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Guidelines Manual by : United States Sentencing Commission

Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Illinois Compiled Statutes Annotated

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (275 download)

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Book Synopsis Illinois Compiled Statutes Annotated by : Illinois

Download or read book Illinois Compiled Statutes Annotated written by Illinois and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Statutory Rules and Orders Revised

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Publisher :
ISBN 13 :
Total Pages : 1060 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Statutory Rules and Orders Revised by : Great Britain

Download or read book The Statutory Rules and Orders Revised written by Great Britain and published by . This book was released on 1904 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Statutory Default Rules

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Publisher : Harvard University Press
ISBN 13 : 9780674033672
Total Pages : 406 pages
Book Rating : 4.0/5 (336 download)

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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.

The Statutory Rules and Orders Revised

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Publisher :
ISBN 13 :
Total Pages : 1080 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The Statutory Rules and Orders Revised by : Great Britain

Download or read book The Statutory Rules and Orders Revised written by Great Britain and published by . This book was released on 1904 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Statutory Rules and Orders Revised

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Publisher :
ISBN 13 :
Total Pages : 984 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis The Statutory Rules and Orders Revised by : Great Britain

Download or read book The Statutory Rules and Orders Revised written by Great Britain and published by . This book was released on 1950 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Statutory Rules and Orders Revised, Being the Statutory Rules and Orders (other Than Those of Local, Personal, Or Temporary Character)in Force on December 31, 1903

Download The Statutory Rules and Orders Revised, Being the Statutory Rules and Orders (other Than Those of Local, Personal, Or Temporary Character)in Force on December 31, 1903 PDF Online Free

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Publisher :
ISBN 13 :
Total Pages : 1078 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis The Statutory Rules and Orders Revised, Being the Statutory Rules and Orders (other Than Those of Local, Personal, Or Temporary Character)in Force on December 31, 1903 by : Great Britain

Download or read book The Statutory Rules and Orders Revised, Being the Statutory Rules and Orders (other Than Those of Local, Personal, Or Temporary Character)in Force on December 31, 1903 written by Great Britain and published by . This book was released on 1904 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Official Manual of the State of Missouri

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Publisher :
ISBN 13 :
Total Pages : 1514 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Official Manual of the State of Missouri by : Missouri. Office of the Secretary of State

Download or read book Official Manual of the State of Missouri written by Missouri. Office of the Secretary of State and published by . This book was released on 1957 with total page 1514 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Michigan Court Rules

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Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Michigan Court Rules by : Kelly Stephen Searl

Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Statutory Construction and Interpretation

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Publisher : The Capitol Net Inc
ISBN 13 : 1587332132
Total Pages : 319 pages
Book Rating : 4.5/5 (873 download)

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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.

The Statutory Rules and Orders Revised To December 31, 1948

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Publisher :
ISBN 13 :
Total Pages : 930 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis The Statutory Rules and Orders Revised To December 31, 1948 by : Great Britain

Download or read book The Statutory Rules and Orders Revised To December 31, 1948 written by Great Britain and published by . This book was released on 1951 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt: