The Judiciary Discrimination Law And Statutory Interpretation

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The Judiciary, Discrimination Law and Statutory Interpretation

Author : Michael Connolly
Publisher : Routledge
ISBN 13 : 0429834799
Total Pages : 261 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis The Judiciary, Discrimination Law and Statutory Interpretation by : Michael Connolly

Download or read book The Judiciary, Discrimination Law and Statutory Interpretation written by Michael Connolly and published by Routledge. This book was released on 2018-08-30 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1856, the US Supreme Court denied Dred Scott, now free of slavery, his Constitutional rights, solely because he was black. According to the Court, when the Constitution was drafted, some 60 years earlier, its authors would not have intended that ‘a subordinate and inferior class of beings’ qualified as citizens of the United States. Thus, the meaning of language drafted over half a century before was frozen in time. This case, perhaps more than any other, demonstrates that the matter of statutory interpretation is critical, technical, and, sometimes, highly emotive. The case is not a mere nugget from history to indulge our disgust with values of another age, and with it a satisfaction of our progress to today’s higher moral ground. It is the unfortunate case that the senior courts of England continue to produce highly contentious interpretations of our equality and discrimination laws. This book examines these cases from the perspective of statutory interpretation, the judge’s primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved – using conventional methods of interpretation; this would have produced simpler, technically sound judgments. Rather like the case of Dred Scott, these were easy cases producing bad law.

Dynamic Statutory Interpretation

Author : William N. Eskridge
Publisher : Harvard University Press
ISBN 13 : 9780674218789
Total Pages : 460 pages
Book Rating : 4.2/5 (187 download)

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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.

The English Judiciary, Discrimination Law and Statutory Interpretation

Author : Michael Connolly (Law teacher)
Publisher :
ISBN 13 : 9781138324565
Total Pages : 0 pages
Book Rating : 4.3/5 (245 download)

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Book Synopsis The English Judiciary, Discrimination Law and Statutory Interpretation by : Michael Connolly (Law teacher)

Download or read book The English Judiciary, Discrimination Law and Statutory Interpretation written by Michael Connolly (Law teacher) and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines these cases from the perspective of statutory interpretation, the judge's primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved .

Easy Cases Making Bad Law

Author : Michael Connolly
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (116 download)

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Book Synopsis Easy Cases Making Bad Law by : Michael Connolly

Download or read book Easy Cases Making Bad Law written by Michael Connolly and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Easy Cases Making Bad Law

Author : Michael Connolly
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (16 download)

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Book Synopsis Easy Cases Making Bad Law by : Michael Connolly

Download or read book Easy Cases Making Bad Law written by Michael Connolly and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Interpreting Discrimination Law Creatively

Author : Alice Taylor (author)
Publisher :
ISBN 13 : 9781509952953
Total Pages : 0 pages
Book Rating : 4.9/5 (529 download)

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Book Synopsis Interpreting Discrimination Law Creatively by : Alice Taylor (author)

Download or read book Interpreting Discrimination Law Creatively written by Alice Taylor (author) and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.

Judging Statutes

Author : Robert A. Katzmann
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.

Discrimination Law

Author : Michael Connolly
Publisher :
ISBN 13 : 9780414046061
Total Pages : 0 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Discrimination Law by : Michael Connolly

Download or read book Discrimination Law written by Michael Connolly and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides in-depth and accessible guidance on discrimination law. It covers the UK and EU with comparisons to the US, Canada and Australia, and analyses the different theories and definitions of what is classed as discrimination.

Modern Statutory Interpretation

Author : Linda D. Jellum
Publisher :
ISBN 13 :
Total Pages : 464 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Modern Statutory Interpretation by : Linda D. Jellum

Download or read book Modern Statutory Interpretation written by Linda D. Jellum and published by . This book was released on 2006 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to teach statutory interpretation skills. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text. The book addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of ''uniform statutes.'' Within each chapter, subjects are introduced with concise summaries of the core concepts. After the introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help focus the students' thoughts and understanding of the case before they come to class. Finally, problems are included to ensure that the students use the statutory interpretation skills they have just learned. Each problem lends itself to at least two arguments (often more) and allows for further inquiry into the concepts in the chapter. The second edition has been revised and updated to include more problems and a few new cases. Additionally, the legislative and administrative chapters have been substantially revised.

Judicial Independence at the Crossroads

Author : Stephen B Burbank
Publisher : SAGE
ISBN 13 : 9780761926573
Total Pages : 308 pages
Book Rating : 4.9/5 (265 download)

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Book Synopsis Judicial Independence at the Crossroads by : Stephen B Burbank

Download or read book Judicial Independence at the Crossroads written by Stephen B Burbank and published by SAGE. This book was released on 2002-04-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.

General Principles of Law - The Role of the Judiciary

Author : Laura Pineschi
Publisher : Springer
ISBN 13 : 3319191802
Total Pages : 330 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis General Principles of Law - The Role of the Judiciary by : Laura Pineschi

Download or read book General Principles of Law - The Role of the Judiciary written by Laura Pineschi and published by Springer. This book was released on 2015-06-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.

Judicial Scrutiny of Sex Discrimination in the Employment Practices of Criminal Justice Agencies

Author : Claire Angelique Nolasco
Publisher : GRIN Verlag
ISBN 13 : 363895420X
Total Pages : 53 pages
Book Rating : 4.6/5 (389 download)

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Book Synopsis Judicial Scrutiny of Sex Discrimination in the Employment Practices of Criminal Justice Agencies by : Claire Angelique Nolasco

Download or read book Judicial Scrutiny of Sex Discrimination in the Employment Practices of Criminal Justice Agencies written by Claire Angelique Nolasco and published by GRIN Verlag. This book was released on 2008-06 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2008 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: A, Sam Houston State University, College of Criminal Justice (Institute of Legal Studies), course: Special Topics in Criminal Justice, 31 entries in the bibliography, language: English, abstract: Social science research is replete with studies examining the impact of gender in the workplace. Some analysts focus on the extent to which capital resources and other extraneous factors influence gender-based hiring and promotion practices (Petersen, Saporta & Seidel, 2000; Kay & Hagan, 1998; Kalleberg & Reskin, 1995). Others focus on the organizational structures that perpetuate and reinforce stereotypes in job allocation (Gorman, 2005; Ridgeway, 1997). On the other hand, other studies refute the notion that sex has any significant impact in the hiring process and hiring decisions of management, particularly, in call centers and retail banks (Petersen, Saporta, & Siedel, 2005; Fernandez, Castillo, & Moore, 2000; Fernandez & Weinberg, 1997). There is lack of research, however, on the legal interpretation accorded by courts to the term sex discrimination and the circumstances under which sex discrimination in the workplace may be deemed to exist. Also, there is scant analysis of the legal procedures needed to establish the existence or non-existence of sex discrimination in the criminal justice system. The focus of most social science research has been on the development of theories of why sex discrimination exists.

United States Code

Author : United States
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.

Code of Judicial Conduct for United States Judges

Author : American Bar Association
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Code of Judicial Conduct for United States Judges by : American Bar Association

Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Code of Judicial Conduct

Author : American Bar Association
Publisher : American Bar Association
ISBN 13 : 9781590318393
Total Pages : 212 pages
Book Rating : 4.3/5 (183 download)

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Book Synopsis Model Code of Judicial Conduct by : American Bar Association

Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Modern Law

Author : Alfred W. Blumrosen
Publisher :
ISBN 13 :
Total Pages : 508 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Modern Law by : Alfred W. Blumrosen

Download or read book Modern Law written by Alfred W. Blumrosen and published by . This book was released on 1993 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past 25 years, settlement of nearly 25,000 complaints of employment discrimination has vastly advanced opportunities for minorities and women. In Modern Law, Alfred W. Blumrosen traces the operation of the law transmission system - the process by which the general principles of equal opportunity written into the 1964 Civil Rights Act were translated into improved conditions for minority and female workers today. This route takes the reader through the passage of the law; the responses of workers, employers and the government; the interplay between courts, agencies and the legislature; and, finally, the enactment of the 1991 Civil Rights Act, perhaps hastened by the Anita Hill/Clarence Thomas controversy. The interactions between the law and the social and economic forces it seeks to influence make up the components of the law transmission system.

Employment Discrimination Law

Author : George Rutherglen
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Employment Discrimination Law by : George Rutherglen

Download or read book Employment Discrimination Law written by George Rutherglen and published by . This book was released on 2007 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ... CHAPTER V. THE CAMBRIDGE PLATONISTS. "while the Cartesian philosophy was thus spreading on the Continent and in England, a fresh source of intellectual activity was developing itself in that very remarkable school, which, confined chiefly to our own University, exercised, during a considerable part of the century, no small influence over her most studious and thoughtful minds. At first sight it would seem singular that there should be any sympathy whatever between a school of thought which was little more than a re-construction out of the philosophy of the past, --of that section of ancient philosophy moreover of which most modern thinkers are apt to speak with least tolerance, --and a system professedly hostile to all earlier modes of speculation, and which aimed at effecting a total revolution in the whole domain of philosophic research. Beyond the essentially subjective cha-Neo-putoracter which belonged alike to the philosophy of Descartes nlm and that of Henry More, there would appear indeed to have been little in common save dissatisfaction with the existing state of things. The Platonism of the seventeenth century was not simply a revival of a past school of thought, but it was also an avowed declaration against Calvinistic doctrines and Aristotelian dogmas., More has sufficiently indicated this fact in his own narrative of himself. "But neither there" (at school), says he, "nor yet anywhere else could I ever swallow down that hard doctrine con cerning fate. On the contrary, I remember that upon those words of Epictetas, "Aye fie 3 Zev, teat av ij ire- irpapivt, Lead me, O Jupiter, and thou Fate, I did (with my eldest brother, who then, as it happened, had accompanied my uncle thither), very stoutly and earnestly for my years, ...