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Using Legislative History In American Statutory Interpretation
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Book Synopsis Using Legislative History in American Statutory Interpretation by : Christian Mammen
Download or read book Using Legislative History in American Statutory Interpretation written by Christian Mammen and published by Springer. This book was released on 2002-06-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Scalia has derided the use of legislative history as 'the equivalent of entering a crowded cocktail party and looking over the heads of the guests for one's friends.' In 'Using Legislative History in American Statutory Interpretation', Dr. Christian Mammen defends the use of legislative history and argues against the traditional link between legislative history and legislative intentions. Instead, he endorses the use of legislative history for its ability to provide expert analysis of information about the statutory context. Additionally, he addresses the judicial practice of using legislative history to discover what courts have called 'legislative intention.'
Book Synopsis Using and Misusing Legislative History by : United States. Department of Justice. Office of Legal Policy
Download or read book Using and Misusing Legislative History written by United States. Department of Justice. Office of Legal Policy and published by . This book was released on 1989 with total page 140 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 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.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice Publisher : ISBN 13 : Total Pages :548 pages Book Rating :4.0/5 (5 download)
Book Synopsis Statutory Interpretation and the Uses of Legislative History by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Download or read book Statutory Interpretation and the Uses of Legislative History written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice and published by . This book was released on 1990 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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.
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 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 Using and Misusing Legislative History by : United States. Department of Justice. Office of Legal Policy
Download or read book Using and Misusing Legislative History written by United States. Department of Justice. Office of Legal Policy and published by . This book was released on 1989 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Nature of Legislative Intent by : Richard Ekins
Download or read book The Nature of Legislative Intent written by Richard Ekins and published by OUP Oxford. This book was released on 2012-10-12 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Book Synopsis Some Observations on the Use of Legislative History in the 1981-82 Supreme Court Term by : Patricia M. Wald
Download or read book Some Observations on the Use of Legislative History in the 1981-82 Supreme Court Term written by Patricia M. Wald and published by . This book was released on 1982 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Typescript (photocopy).
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 249 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 Some Reflections on the Reading of Statutes by : Felix Frankfurter
Download or read book Some Reflections on the Reading of Statutes written by Felix Frankfurter and published by . This book was released on 1947 with total page 40 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 Using and Misusing Legislative History$dA Re-Evaluation of the Status of Legislative History in Statutory Interpretation by :
Download or read book Using and Misusing Legislative History$dA Re-Evaluation of the Status of Legislative History in Statutory Interpretation written by and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
