LEGISLATING STATUTORY INTERPRETATION PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download LEGISLATING STATUTORY INTERPRETATION PDF full book. Access full book title LEGISLATING STATUTORY INTERPRETATION by CHRISTOPHER. HUNT. Download full books in PDF and EPUB format.
Author: CHRISTOPHER. HUNT
Publisher:
ISBN: 9780779886777
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: CHRISTOPHER. HUNT
Publisher:
ISBN: 9780779886777
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: William N. Eskridge (Jr.)
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 436
Get Book Here
Book Description
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
Publisher:
ISBN: 9781531012021
Category :
Languages : en
Pages : 562
Get Book Here
Book Description
Author: J.G. Sutherland
Publisher: Рипол Классик
ISBN: 5876844616
Category : History
Languages : en
Pages : 871
Get Book Here
Book Description
Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
Author: Linda D. Jellum
Publisher:
ISBN: 9781611634563
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
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.
Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0199756147
Category : Law
Languages : en
Pages : 402
Get Book Here
Book Description
Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.
Author: Einer Elhauge
Publisher: Harvard University Press
ISBN: 9780674033672
Category : Law
Languages : en
Pages : 406
Get Book Here
Book Description
Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.
Author: William N. Eskridge
Publisher: Harvard University Press
ISBN: 9780674218789
Category : Law
Languages : en
Pages : 460
Get Book Here
Book Description
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: Frank B. Cross
Publisher: Stanford University Press
ISBN: 0804769818
Category : Law
Languages : en
Pages : 249
Get Book Here
Book Description
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.
Author: Robert A. Katzmann
Publisher: Oxford University Press, USA
ISBN: 0199362130
Category : Law
Languages : en
Pages : 184
Get Book Here
Book Description
Drawing upon his background in law, government and political science, U.S. Second Circuit Chief Judge Robert A. Katzmann contends that Congress's work product - including sources beyond the text - must inform courts' interpretation of statutes.
