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.

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.

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.

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

Introduction to Law and Legal Reasoning

Author: Jane C. Ginsburg
Publisher:
ISBN: STANFORD:36105063264092
Release Date: 2004
Genre: Law

This course book serves an undergraduate course in introduction to legal reasoning. It is designed to initiate students in the legal methods of case law analysis and statutory interpretation, prompting students to take a critical distance from the wielding of the methods. It helps students acquire or refine the techniques of close reading, analogizing, distinguishing, positing related fact patterns, and criticizing judicial and legislative exposition and logic.

Interpretation in International Law

Author: Andrea Bianchi
Publisher: OUP Oxford
ISBN: 9780191038693
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.

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.

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.

Legal Methods

Author: Peter L. Strauss
Publisher: Foundation Press
ISBN: 1609301994
Release Date: 2014-05-16
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. Like its predecessors, the third edition builds both case analysis and statutory interpretation skills, with an increasing emphasis on the latter. After a general introduction, four chapters deal with three historical stages in American legal development Karl Llewellyn and Grant Gilmore had identified--"Discovery" at the nation's beginnings; "Faith" as judges turned formalist in the late Nineteenth Century; "Anxiety" as progressive legislation challenged judges and legal realism emerged --and "Modern Times," the current day. Each chapter presents both case and statutory materials--simple at first and gradually becoming more complex, with statutes increasingly dominating. The first three of these chapters, "Discovery," "Faith," and "Anxiety," follow the development of product liability law, wholly a common law matter, and workplace injury law, which begins in the courts and is displaced by statutes. The distribution of authority between federal and state courts, that begins with Swift v. Tyson and ends with Erie RR v. Thomson, is a secondary theme. That displacement is signaled, for teaching purposes, by the Railroad Safety Appliances Act of 1893. Innovative teaching materials reflect the realities of law practice by engaging the students with practical problems the railroads were required to solve, legislative materials they would have been attentive to, and Interstate Commerce Commission reports on the negotiated implementation of the Act, hours before they encounter the first judicial dealings with its interpretation. That they will quickly reach an understanding of the statute that initially eludes the judges is, in itself, an important lesson. "Modern Times," brings product liability developments through the ALI's Third Restatement of Torts. On the statutory side, a unit on litigation fee reimbursement, structured along the same lines as the Railway Safety Appliances Act materials, engages students in contemporary congressional materials and lawyers' briefs, in the courts' increasing struggles over interpretive technique, and in the difficulties of contemporary legislative-judicial "conversation. The interpretive debate is then revisited in extensive passages from the writings of Judge Stephen Breyer, purposivist, and John Manning, textualist, supplemented by many shorter excerpts from the literature. The chapter ends by setting three interpretive problems for students to resolve for themselves before turning the page to discover how the Supreme Court very recently resolved them. In proceeding from the early 19th Century to the greater complexities of the current day, then, the casebook explores the sources, forms, and development of law, the analysis and synthesis of judicial precedents, the interpretation of statutes, the coordination of judge-made and statute law, and the uses of legal reasoning. Understanding that today's lawyer must often deal with transactions governed by the civil law, the dominant legal system in much of the rest of the world, the casebook attempts briefly to expose the student to its development as well. With this casebook, a student will have acquired skills essential to work in other law school classes, an appreciation for the changing styles of legal analysis that American jurists have brought to their work over time, and an awareness of current disputes about the modern role of judges, particularly in relation to the work of legislatures.

Legal Methods

Author: Jane C. Ginsburg
Publisher:
ISBN: 1587787652
Release Date: 2004
Genre: Law

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.

Legislation

Author: Peter L. Strauss
Publisher:
ISBN: STANFORD:36105063831916
Release Date: 2006
Genre: Law

This book's focus makes statutes, and the processes that produce them, the primary consideration. Traditional teaching materials tend to make statutes and the circumstances of their creation secondary; students encounter the legislative process and legislative materials chiefly, sometimes exclusively, through the eyes of judges. In contrast, two of the three principal chapters of this book are organized around the enactment of two particular statutes -- one late Nineteenth Century, the second late Twentieth Century. These chapters expose students to primary documents reflecting the quite different processes by which these two statutes were enacted, and invite them to reach conclusions about their meaning, in advance of any exposure to judicial interpretations -- just as lawyers would typically be required to do in practice. The latter of these two chapters also includes extensive selections from the secondary literature to help put the current debates between textualists and purposivists in sharp focus. The intervening chapter deals in a more conventional way with the development and use of the purpose/intent-oriented methods of interpretation that characterized mid-Twentieth Century judicial practice. This chapter, in which judicial decisions predominate, often sets a statutory problem as a prologue to the case -- highlighting the statutory issue and inviting the student to do her own interpretive analysis before encountering the judges' opinion.

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.

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.