Author: William Eskridge Jr.
Publisher: West Academic
Release Date: 2007-01-18
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.
Author: Robert A. Katzmann
Publisher: Oxford University Press, USA
Release Date: 2014
In the last twenty-five years, there has been a raging debate over how judges should interpret the laws of Congress - called federal statutes. In an ideal world, federal statutes would always be clearly worded and easily-understood by the judges tasked with interpreting them, But many laws are worded ambiguously or even contradictorily, requiring the judge to divine their meaning. Should, for example, the judge understand "convicted in any court" to include any court in the world, or simply any court in the United States? How is the judge to determine the answer? Should she stick only to the text? To what degree, if any, should the judge consult aids beyond the statutes themselves, including legislative materials, when interpreting laws? 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, Judge Katzmann, both a trained political scientist and a judge, argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He contends that when courts interpret the laws of Congress, they should pay greater attention to how Congress actually functions, how lawmakers signal their meaning in statutes, and what they expect from those interpreting its laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration Judge Katzmann begins his argument with a look 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-that is, focusing on the purpose of a law-and textualism-that is, focusing on the text of the written law itself. Judge Katzmann draws from his personal experience on the U.S. Court of Appeals in showing how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.
Author: William N. Eskridge
Publisher: Harvard University Press
Release Date: 1994
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.
Author: Linda D. Jellum
Release Date: 2008
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.This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.
Author: William N. Eskridge (Jr.)
Publisher: West Academic Publishing
Release Date: 2012
Drawn from and updating the materials in the authors' landmark casebook on Legislation, this new casebook is a comprehensive and highly teachable introduction to Statutory Interpretation. Reflecting new scholarship as well as recent federal and state cases, the editors have included and updated the many teachable statutory interpretation cases found in the longer legislation casebook. This shorter casebook is perfect for upper-level legislation courses that focus on statutory interpretation and for first-year regulatory state courses that spend a significant time on statutory interpretation.
Author: William N. Eskridge (Jr.)
Publisher: West Academic Publishing
Release Date: 2014-09-25
The Fifth Edition offers a comprehensive introduction to legislation and administration in the regulatory state. Importantly, it features new chapters addressing regulation, including constitutional structure, the types of agencies and their tools for statutory implementation under the Administrative Procedure Act, oversight and review of agency action by all three branches, and judicial deference to agency interpretations. The Fifth Edition also updates the book's classic and path-breaking treatment of the theories and practice of statutory interpretation. It devotes expanded attention to a range of textualist theories, dictionary use, and reliance on language and substantive canons, as well as providing the key statutory text as a preface to major cases. And the new edition contains an in-depth introduction to theories of legislation, the legislative process, representational structures, campaign finance, regulation of lobbying, and direct democracy. The Fifth Edition is perfect for 1L Legislation and Legislation-Regulation ("LegReg") courses, and it remains the go-to book for upper level courses.
Author: Matthew Groves
Publisher: Cambridge University Press
Release Date: 2014-02-13
Modern Administrative Law in Australia provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and modern perspectives. The contributors - including highly respected academics from eleven Australian law schools, as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia - are at the forefront of current research, debate and decision making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.
Author: Andrew Popper
Publisher: West Academic Publishing
Release Date: 2016-06-18
As a part of our CasebookPlus offering, you'llreceive the print book along with lifetime digital access to the eBook.Additionally you'll receive 12-month online access to the Learning Librarywhich includes quizzes tied specifically to your book, an outline starter anddigital access to leading study aids in that subject and the Gilbert®Law Dictionary. The included study aids are Administrative Law and Processin a Nutshell, Administrative Law Concepts and Insights and an AdministrativeLaw Concise Hornbook. The redemption code will be shipped to you with the book. Since 2010, the Court has been busy clarifying, expanding, modifying, and redefining fundamental components of administrative law. This new edition presents 13 of these cases and 200 other notes bringing students and faculty up-to-date in this dynamic field. Tucked within the core of the traditional curricular structure are King (the Affordable Care Act),Obergefell (same-sex marriage), Free Enterprise Fund (yet another case on presidential removal power), Canning (recess appointments), Mack Truck (good cause exception),Arlington (the capacity of agencies to define their authority), Stern (on non-Article III courts) and much more. The result is a readable and straightforward casebook, coupled with hundreds of summary boxes and hypotheticals.
Author: Frederick Reed Dickerson
Publisher: Little Brown & Co
Release Date: 1975
This work discusses the constitutional foundations that govern the relations between the legislature and the courts and the issues of separation of powers with respect to statutes. Concepts of legislative meaning, intent, purpose, and context are described in detail.
Author: Michelle Sanson
Publisher: Oxford University Press
Release Date: 2014
Connecting with Law 3rd edition introduces students to the foundations of law in a thought provoking way, challenging them to think critically, question ideas and connect with the law. It provides students with a broader context which allows them to start thinking about the values law embodies and their relationship to society. This fresh approach to introductory law is designed to engage students with contemporary examples and case studies they can relate to, and which help them understand the law. Structured around the questions students ask about the lawCovers the TLOs throughout the text.Teaches students skills for case analysis and interpreting legislation through practice exercises and discussion questions in each chapter, which build in intensity as these skills develop.Each paperback copy of Connecting with Law comes with a free obook - an integrated, online ebook with extra content and resources built in. New to this edition More exercises and activities throughout the text especially around statutory interpretation, precedent, legal research and writing and legal problem solving skills. Extended discussion on statutory interpretation and precedent and more exercises testing these important skills.Research content now split over two chapters (5. Research: How do I find the Law? and 6. Communication: How do I engage with Others about the law) reflecting research as a skill as well as a strategy. Graduate and practitioner profiles reflecting a wide range of pathways in law study and careers Revised chapter on jurisprudence More content self-management, academic honesty and being an ethical practitioner Increased discussion of International and Comparative Law and Alternative Dispute Resolution
Author: Jon S. T. Quah
Publisher: Emerald Group Publishing
Release Date: 2010
Genre: Political Science
Singapore was ranked first for the competence of its public officials from 1999 to 2002 by The Global Competitiveness Report. While research has been done on various aspects of public administration in Singapore, there is to date no comprehensive study of the Singapore Civil Service and the statutory boards and their contribution to the attainment of national development goals. The aim of this book is to rectify this gap in the literature by providing a detailed study of public administration Singapore-style. Public administration Singapore-style is characterized by these features: macho-meritocracy; competing with the private sector for talent; low level of corruption; reliance on institutional and attitudinal administrative reforms; reliance on statutory boards to implement socio-economic development programs; effective policy implementation, improving service to the public; and using policy diffusion to solve problems. The book's main thesis is that the nature of public administration in Singapore results from the combined influence of Singapore's policy context and the various policies introduced by the People's Action Party government since it assumed office in June 1959, 50 years ago.
Author: John F. Manning
Publisher: Foundation Press
Release Date: 2013
This updated casebook is designed for a first-year class on Legislation & Regulation, and provides a proven, ready-to-use set of materials for those interested in introducing such a class to their 1L curriculum. The book focuses on the tools and methods of interpreting legal texts, using Supreme Court and other appellate decisions as the primary texts, yet the note material gently introduces students to applicable insights from political science, history, economics, and philosophy. The book aims to familiarize students with tools and techniques that lawyers and judges use when crafting legal arguments in statutory or regulatory contexts, and to give students a sense of the larger questions of institutional design implicated by these interpretive questions.
Author: Jane C. Ginsburg
Release Date: 2004
Ginsburg's casebook provides detailed information on legal methods and the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.