Author: J.G. Sutherland
Publisher: Рипол Классик
ISBN: 5876844616
Category : History
Languages : en
Pages : 871
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Book Description
Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
Author: Robert A. Katzmann
Publisher: Oxford University Press
ISBN: 0199362149
Category : Law
Languages : en
Pages : 184
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Book Description
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? 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, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks 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 (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Author: Guido Calabresi
Publisher: Harvard University Press
ISBN: 0674029151
Category : Law
Languages : en
Pages : 332
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Book Description
The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial–legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.
Author: Lawrence Solan
Publisher: University of Chicago Press
ISBN: 0226767965
Category : Language Arts & Disciplines
Languages : en
Pages : 300
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Book Description
We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.
Author: Meryl Thomas
Publisher: Oxford University Press
ISBN: 0192898477
Category : Law
Languages : en
Pages : 419
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Book Description
Unsurpassed in authority, reliability and accuracy; the 2021-2022 edition has been fully revised and updated to incorporate all relevant legislation for property and equity and trusts law courses. Blackstone's Statutes on Property Law is an abridged collection of legislation carefully reviewed and selected by Meryl Thomas. With unparalleled coverage of property law Blackstone's Statutes on Property Law leads the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's Statutes on Property Law is: - Trusted: ideal for exam use - Practical: find what you need instantly - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course. Online resources The accompanying online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: John E. Floyd
Publisher: American Bar Association
ISBN: 9781570733963
Category : Law
Languages : en
Pages : 1020
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Book Description
Author: William N. Eskridge (Jr.)
Publisher: Yale University Press
ISBN: 0300120885
Category : Political Science
Languages : en
Pages : 591
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Book Description
William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.
Author: Illinois
Publisher:
ISBN:
Category : Law
Languages : en
Pages :
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Book Description
Author: Texas
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 524
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Book Description
