Statutory Interpretation

Author: Caleb Nelson
Publisher: Foundation Press
ISBN: 1599417707
Release Date: 2011
Genre: Law

This book is designed for 3-, 4-, or 5-credit courses about the general discipline of statutory interpretation. With extensive notes and lightly edited cases drawn from a variety of substantive fields, the book aspires both (1) to familiarize students with interpretive techniques commonly used by lawyers and judges and (2) to help students think rigorously and systematically about those techniques. Topics covered include: the interplay between purpose and text the canons debates over the use of legislative history the background supplied by other statutes, judicial decisions, and the common lawChevron deference the preemption of state law by federal statutes

Legislation and Statutory Interpretation

Author: William N. Eskridge
Publisher:
ISBN: 1599410788
Release Date: 2006
Genre: Law

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. You'll find 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.

Legislation

Author: Kent Greenawalt
Publisher:
ISBN: STANFORD:36105062035360
Release Date: 1999-01-01
Genre: Law

This book gives an overview of the field of statutory interpretation for the law student. It examines the subject through questions that help show how Legislation is crafted. Part of the University Casebook Series, it features expertly edited cases, text and questions for classroom discussion.

Cases and Materials on Statutory Interpretation

Author: William N. Eskridge (Jr.)
Publisher: West Academic Publishing
ISBN: 0314278184
Release Date: 2012
Genre: Law

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.

Legal Methods

Author: Peter L. Strauss
Publisher:
ISBN: STANFORD:36105064230175
Release Date: 2008
Genre: Law

How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush -- that legal education should start with orientation to the materials lawyers use and the institutions they deal with.In general, Legal Methods provides an introduction to the processes and the skills necessary in the professional use of case law and legislation, and to the development of American legal institutions. The casebook starts with materials from the first decades of American history, with relatively simple common law litigation, statutes and institutions, and with a country having to fashion its law for itself, largely through its courts. As the country industrializes, judicial styles change, statutes and their interpretation become more and more important, administrative agencies emerge. The materials largely explore the developing law on the related questions of product liability and

Statutory Interpretation Stories

Author: William N. Eskridge
Publisher: Foundation Press
ISBN: 1599415887
Release Date: 2011
Genre: Law

Statutory Interpretation Stories tackles the leading cases in the emerging statutory interpretation canon, as reflected in the casebooks. For each case, the leading scholar provides historical background (including details about the participants), a procedural history of the case, and an analysis of doctrinal and other lessons from the case.

Legal Methods

Author: Jane C. Ginsburg
Publisher:
ISBN: STANFORD:36105064259471
Release Date: 2008
Genre: Law

This casebook serves a course in introduction to legal reasoning. It is designed to initiate students in the legal methods of case law analysis and statutory interpretation. In a course of this kind, students should acquire or refine the techniques of close reading, analogizing, distinguishing, positing related fact patterns, and criticizing judicial and legislative exposition and logic.Law students' introduction to law can be unsettling: the sink or swim approach favored by many schools casts students adrift in a sea of substantive rules, forms and methods. By contrast, the Legal Methods course seeks to acquaint students with their new rhetorical and logical surroundings before, or together with, the students' first encounters with the substance of contracts, torts, or other first year courses. This approach may not only be user friendly; it should also prompt students to take a critical distance from the wielding of the methods. In this way, students may avoid (or at le

Cases and Materials on Legislation

Author: William N. Eskridge
Publisher: West Academic Publishing
ISBN: 031423330X
Release Date: 2001-01-01
Genre: Law

Contains an introduction to legislation; descriptive and normative theories of legislation, including procedural theories of legislation, pluralism and interest groups, and institutional theories of legislation; Title VII: interpretive issues and political theories, the Supreme Court's decision in Griggs, affirmative action United States Steelworkers of America v. Weber and Johnson v. Transportation Agency, Santa Clara County; legislative drafting; representational structures, structures of legislative deliberation; statutes as a source of public policy in the United States; theories of statutory interpretation; doctrines of statutory interpretation; and the implementation of statutes.

Interpretation in International Law

Author: Andrea Bianchi
Publisher: OUP Oxford
ISBN: 9780191038709
Release Date: 2015-02-26
Genre: Law

International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Dynamic Statutory Interpretation

Author: William N. Eskridge
Publisher: Harvard University Press
ISBN: 0674218787
Release Date: 1994
Genre: Law

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.

A Catalogue of the Law Collection at New York University

Author: Julius J. Marke
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781886363915
Release Date: 1953
Genre: Law

Marke, Julius J., Editor. A Catalogue of the Law Collection at New York University With Selected Annotations. New York: The Law Center of New York University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195. * Reprint of the massive, well-annotated catalogue compiled by the librarian of the School of Law at New York University. Classifies approximately 15,000 works excluding foreign law, by Sources of the Law, History of Law and its Institutions, Public and Private Law, Comparative Law, Jurisprudence and Philosophy of Law, Political and Economic Theory, Trials, Biography, Law and Literature, Periodicals and Serials and Reference Material. With a thorough subject and author index. This reference volume will be of continuous value to the legal scholar and bibliographer, due not only to the works included but to the authoritative annotations, often citing more than one source. Besterman, A World Bibliography of Bibliographies 3461.

The Transformation or Reconstitution of Europe

Author: Tamara Perišin
Publisher: Bloomsbury Publishing
ISBN: 9781509907267
Release Date: 2018-03-08
Genre: Law

It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.

Modern Statutory Interpretation

Author: Linda D. Jellum
Publisher:
ISBN: STANFORD:36105063837582
Release Date: 2006-01-01
Genre: Law

This casebook is designed to teach statutory interpretation as a lawyering process. 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 for meaning. The book then 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 core concepts. After that 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 before class the students thoughts and understanding of the case and the concepts it raises, including the broader implications. Finally, problems are included for key subjects to ensure that the students learn statutory interpretation skills. Each problem lends itself to at least two arguments (and usually more) and relies upon and requires further inquiry into the concepts in the chapter.

The Politics of Preference

Author: Sunita Parikh
Publisher: University of Michigan Press
ISBN: 0472107453
Release Date: 1997-01-27
Genre: Political Science

DIVExamines the history of affirmative action programs in two ethnically heterogeneous democracies, India and the United States /div