Legislation and Statutory Interpretation 2d Concepts and Insights Series

Legislation and Statutory Interpretation  2d  Concepts and Insights Series Author William Eskridge Jr.
ISBN-10 9781628102543
Year 2007-01-18
Pages 425
Language en
Publisher West Academic
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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.

Mastering Statutory Interpretation

Mastering Statutory Interpretation Author Linda D. Jellum
ISBN-10 1611634563
Year 2013
Pages 396
Language en
Publisher
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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.

Judging Statutes

Judging Statutes Author Robert A. Katzmann
ISBN-10 9780199362134
Year 2014
Pages 171
Language en
Publisher Oxford University Press, USA
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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.

The Theory and Practice of Statutory Interpretation

The Theory and Practice of Statutory Interpretation Author Frank B. Cross
ISBN-10 0804769818
Year 2008-11-19
Pages 248
Language en
Publisher Stanford University Press
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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.

Legislation Statutory Interpretation and Election Law Examples Explanations

Legislation  Statutory Interpretation  and Election Law  Examples   Explanations Author Hasen
ISBN-10 1454845414
Year 2014-07-07
Pages 446
Language en
Publisher Wolters Kluwer Law and Business
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A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple languagechallenges your understanding with hypotheticals similar to those presented in classprovides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysisquickly gets to the point in conversational style laced with humorremains a favorite among law school studentsis often recommended by professors who encourage the use of study guidesworks with ALL the major casebooks, suits any class on a given topicprovides an alternative perspective to help you understand your casebook and in-class lectures An up-to-date, user-friendly, and clear student-oriented treatise tackling the complex subjects in this field, including statutory interpretation, lobbying, bribery, campaign finance law, and voting rights. Suitable for use with courses in Legislation and Regulation, Statutory Interpretation, Election Law, Voting Rights, and Campaign Finance. Features an easy-to-follow correlation chart that matches the book's coverage to the leading casebooks. Written by one of the leading voices in the field of election law and legislation. No other statutory supplement is as comprehensive, up-to-date, and full of examples (and answers) to test student knowledge.

An Introduction to Statutory Interpretation and the Legislative Process

An Introduction to Statutory Interpretation and the Legislative Process Author Abner J. Mikva
ISBN-10 1567066127
Year 1997
Pages 202
Language en
Publisher Aspen Publishers
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In this book, Mikva and Lane address: The Interpretation of Statutes - By reading interpretive cases, the authors demonstrate that statutory interpretation is not simply the search for legislative meaning or intent, but also the exercise of power by a separate branch of government. Organized around two types of cases, those where the statutory language is clear and where it is unclear, this chapter delves into judicial approaches to statutory interpretation and the tools employed for that purpose, as well as criticism of such approaches. The Legislative Process - Addresses the environment in which the consideration of legislation takes place and the dynamics of the enactment process. The Enactment of a Statute - Follows a particular bill through the window of the Congressional Record. This illustrates the details and language of the legislative process. The Anatomy of a Statute - A dissection of the structure, form, and generic provisions. The Publication of Statutes - Offers insights.--From publisher's description.

Cases and Materials on Legislation and Regulation

Cases and Materials on Legislation and Regulation Author William N. Eskridge (Jr.)
ISBN-10 1628101733
Year 2014-09-25
Pages 1262
Language en
Publisher West Academic Publishing
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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.

Cases and Materials on Statutory Interpretation

Cases and Materials on Statutory Interpretation Author William N. Eskridge (Jr.)
ISBN-10 0314278184
Year 2012
Pages 872
Language en
Publisher West Academic Publishing
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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 Stories

Statutory Interpretation Stories Author William N. Eskridge
ISBN-10 1599415887
Year 2011
Pages 402
Language en
Publisher Foundation Press
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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.

Modern Administrative Law in Australia

Modern Administrative Law in Australia Author Matthew Groves
ISBN-10 9781107692190
Year 2014-02-13
Pages 432
Language en
Publisher Cambridge University Press
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Modern Administrative Law provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and thoroughly modern perspectives. The contributors - including highly respected academics from 11 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.

Legislation and Regulation in a Nutshell

Legislation and Regulation in a Nutshell Author Steven Huefner
ISBN-10 1628102101
Year 2017-04-03
Pages 601
Language en
Publisher West Academic Publishing
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While traditional American legal education has focused primarily on the judicial branch of government, legislatures and regulatory agencies are responsible for the vast majority of today's law creation and law implementation, in fields from health insurance regulation, to motor vehicle operation, to environmental protection, to the mechanics of voting, to stimulating the economy, to the criminalization of internet piracy, to the distribution of tax burdens, to name only some. Because well-equipped attorneys need a comprehensive grounding in legislative and regulatory processes and the relationships among all three branches of government, many law schools now teach some version of a course in Legislation and Regulation in the first year. This Nutshell addresses all the major topics of these courses, including the central question of how courts and agencies should interpret ambiguous statutes. Part I describes the functioning of modern-day legislatures and administrative agencies, including not only their essential mechanics but also theories of democratic representation. Part II then builds on this foundation to develop the principal theories and doctrines of statutory and regulatory interpretation. It includes detailed discussions of the various "intrinsic" and "extrinsic" interpretive tools, as well as the competing interpretive approaches of Textualism and Purposivism. It also includes a chapter devoted to the Chevron doctrine and the question of how courts should review agency interpretations of statutes.

Copyright Law

Copyright Law Author Jane C. Ginsburg
ISBN-10 1599412519
Year 2012
Pages 309
Language en
Publisher Foundation Press
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The text provides a clear and thorough exploration of the doctrinal and policy issues in American copyright law in a style accessible to both new and advanced intellectual property students, as well as to practitioners. The book covers every major topic in basic copyright courses: the history of copyright, ownership and duration, formalities, exclusive rights of the copyright holder, fair use, civil and criminal enforcement of copyright law, and federal preemption of state law. Beyond that, the authors address the major new issues that have emerged over the past two decades, including the rules of the Digital Millennium Copyright Act regarding circumvention of technological protections of copyrighted materials, and the principles of secondary liability, both in their basic form and as developed through application of the DMCA to internet service providers. Moreover, attention is given to the important points at which U.S. copyright law intersects with international intellectual property treaties. Each chapter includes concise summaries and discussions of significant cases, ideal for gaining a complete overview of the doctrine and of the statutory provisions, those that are written with a broad brush as well as those written with painstaking detail. Finally, the book suffuses this doctrinal and statutory analysis with illuminating discussions of the public-policy issues -? from the earliest and most fundamental to those that are at today's cutting edge -- that help inform and shape the development of copyright law.

Legislation

Legislation Author Kent Greenawalt
ISBN-10 STANFORD:36105062035360
Year 1999-01-01
Pages 316
Language en
Publisher
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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.