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: Linda D. Jellum
Release Date: 2013
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. The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning. 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: Jack Davies
Publisher: West Academic
Release Date: 2007-01-01
This book -- authored by a longtime legislator, law professor, appellate judge and volunteer lobbyist -- provides a pragmatic view of how state legislatures operate. It gives a behind-the-scenes look at the fascinating and little understood intellectual journey that is the legislative process. This book helps its readers understand how hard thought and hard work turn first-draft legislative ideas into effective laws. It describes the process used by all legislative institutions to refine bills, and examines the tactics of advocates that speed or impede legislation. The dynamic life of legislative law after enactment is detailed, including how agencies, local governments and businesses use statutes and how citizens, lawyers and courts adjust legislative words to fit life's realities. The third edition of this popular book retains the practical insights of the previous editions and adds descriptions of the profound impact the Internet and cell phones have had on the daily work of the
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: 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: F. A. R. Bennion
Publisher: OUP Oxford
Release Date: 2001-10-18
Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.
Author: D. Neil MacCormick
Release Date: 2016-12-05
This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.
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: 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: 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: 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