The Judiciary, Discrimination Law and Statutory Interpretation

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Author :
Publisher : Routledge
ISBN 13 : 9780367586232
Total Pages : 0 pages
Book Rating : 4.5/5 (862 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 2020-06-30 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 .

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.

Discrimination Law

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Author :
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.

The Judiciary, Discrimination Law and Statutory Interpretation

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Author :
Publisher : Routledge
ISBN 13 : 0429834799
Total Pages : 312 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 312 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.

Judicial Independence at the Crossroads

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Author :
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.

United States Code

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Publisher :
ISBN 13 :
Total Pages : 1722 pages
Book Rating : 4.3/5 (91 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 2001 with total page 1722 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Coherence of Statutory Interpretation

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Publisher :
ISBN 13 : 9781760022099
Total Pages : pages
Book Rating : 4.0/5 (22 download)

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Book Synopsis The Coherence of Statutory Interpretation by : Jeffrey Barnes

Download or read book The Coherence of Statutory Interpretation written by Jeffrey Barnes and published by . This book was released on 2019-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory interpretation affects every area of law and is of growing scholarly interest given long-running debate about the coherence of statutory interpretation and the fact that the law of interpretation comprises 'frail guidelines'. This contributed work critically analyses the law in light of this debate. It examines areas where the law is coherent leading to confidence in the judiciary and the administration of the law. It also examines areas where the law is not coherent and is need of improvement.

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.

Code of Judicial Conduct for United States Judges

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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:

Public Law and Statutory Interpretation

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Publisher :
ISBN 13 : 9781760021528
Total Pages : 352 pages
Book Rating : 4.0/5 (215 download)

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Book Synopsis Public Law and Statutory Interpretation by : Lisa Burton Crawford

Download or read book Public Law and Statutory Interpretation written by Lisa Burton Crawford and published by . This book was released on 2018-01-31 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government.More particularly, the book provides:an overview of the origins and key stages in the development of the Australian legal system;an explanation of the concepts and ideals that form the foundation of Australian public law;an introduction to the institutions, structures and powers of, and relationships between, the three branches of the Australian government; andan explanation of how, in light of key public law principles, legislation is interpreted by Australia's courts.This book will be useful to scholars and practitioners seeking to understand the foundational principles of Australian public law, or statutory interpretation. The four authors, all experienced researchers and teachers in public law, designed it to be a complete resource for introductory public law units, before students move on to more advanced subjects such as Constitutional and Administrative Law.The book adopts an engaging and approachable style with expository and analytical text, combined with carefully edited extracts of key cases and straightforward commentary on both foundational and advanced issues. It also includes:several in-depth case studies, which provide an opportunity to engage with pressing public law issues in a practical context;discussion questions, reflective exercises and other activities, to demonstrate the contemporary significance of the issues explored in the text.

Model Code of Judicial Conduct

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Author :
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:

Section 1557 of the Affordable Care Act

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Publisher : American Dental Association
ISBN 13 : 1941807712
Total Pages : 60 pages
Book Rating : 4.9/5 (418 download)

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Book Synopsis Section 1557 of the Affordable Care Act by : American Dental Association

Download or read book Section 1557 of the Affordable Care Act written by American Dental Association and published by American Dental Association. This book was released on 2017-05-24 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.

How Rights Went Wrong

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Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Taking the Constitution Away from the Courts

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Publisher : Princeton University Press
ISBN 13 : 1400822971
Total Pages : 255 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Taking the Constitution Away from the Courts by : Mark Tushnet

Download or read book Taking the Constitution Away from the Courts written by Mark Tushnet and published by Princeton University Press. This book was released on 2000-07-24 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.

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.

A Republic of Statutes

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Publisher : Yale University Press
ISBN 13 : 0300120885
Total Pages : 591 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis A Republic of Statutes by : William N. Eskridge (Jr.)

Download or read book A Republic of Statutes written by William N. Eskridge (Jr.) and published by Yale University Press. This book was released on 2010-01-01 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.

Understanding the Well-Being of LGBTQI+ Populations

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Author :
Publisher : National Academies Press
ISBN 13 : 0309680816
Total Pages : 437 pages
Book Rating : 4.3/5 (96 download)

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Book Synopsis Understanding the Well-Being of LGBTQI+ Populations by : National Academies of Sciences, Engineering, and Medicine

Download or read book Understanding the Well-Being of LGBTQI+ Populations written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2021-01-23 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.