Judging Statutes

Judging Statutes PDF 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.

Judging Statutes

Judging Statutes PDF Author: Robert A. Katzmann
Publisher: Oxford University Press
ISBN: 0199362149
Category : Law
Languages : en
Pages : 184

Get Book Here

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.

Double-Effect Reasoning

Double-Effect Reasoning PDF Author: T. A. Cavanaugh
Publisher: Oxford University Press, USA
ISBN: 0199272190
Category : Law
Languages : en
Pages : 245

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Book Description
"T. A. Cavanaugh articulates and defends double-effect reasoning (DER), also known as the principle of double effect. Cavanaugh here offers the first book-length account of the history and issues surrounding this controversial, yet indispensable approach to hard cases."--BOOK JACKET.

The Education of Brett Kavanaugh

The Education of Brett Kavanaugh PDF Author: Robin Pogrebin
Publisher: Penguin
ISBN: 0593084403
Category : Biography & Autobiography
Languages : en
Pages : 338

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Book Description
"A remarkable work of slowed-down journalism...They are doing their jobs as journalists and writing the first draft of history." —Jill Filipovic, The Washington Post "...Generous but also damning." —Hanna Rosin, The New York Times From two New York Times reporters, a deeper look at the formative years of Supreme Court Justice Brett Kavanaugh and his confirmation. In September 2018, the F.B.I. was given only a week to investigate allegations of sexual misconduct against Brett Kavanaugh, President Trump's Supreme Court nominee. But even as Kavanaugh was sworn in to his lifetime position, many questions remained unanswered, leaving millions of Americans unsettled. During the Senate confirmation hearings that preceded the bureau's brief probe, New York Times reporters Robin Pogrebin and Kate Kelly broke critical stories about Kavanaugh's past, including the "Renate Alumni" yearbook story. They were inundated with tips from former classmates, friends, and associates that couldn't be fully investigated before the confirmation process closed. Now, their book fills in the blanks and explores the essential question: Who is Brett Kavanaugh? The Education of Brett Kavanaugh paints a picture of the prep-school and Ivy-League worlds that formed our newest Supreme Court Justice. By offering commentary from key players from his confirmation process who haven't yet spoken publicly and pursuing lines of inquiry that were left hanging, it will be essential reading for anyone who wants to understand our political system and Kavanaugh's unexpectedly emblematic role in it.

Justice on Trial

Justice on Trial PDF Author: Mollie Hemingway
Publisher: Simon and Schuster
ISBN: 1621579840
Category : Political Science
Languages : en
Pages : 268

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Book Description
#1 NATIONAL BESTSELLER! Justice Anthony Kennedy slipped out of the Supreme Court building on June 27, 2018, and traveled incognito to the White House to inform President Donald Trump that he was retiring, setting in motion a political process that his successor, Brett Kavanaugh, would denounce three months later as a “national disgrace” and a “circus.” Justice on Trial, the definitive insider’s account of Kavanaugh’s appointment to the Supreme Court, is based on extraordinary access to more than one hundred key figures—including the president, justices, and senators—in that ferocious political drama. The Trump presidency opened with the appointment of Neil Gorsuch to succeed the late Antonin Scalia on the Supreme Court. But the following year, when Trump drew from the same list of candidates for his nomination of Brett Kavanaugh, the justice being replaced was the swing vote on abortion, and all hell broke loose. The judicial confirmation process, on the point of breakdown for thirty years, now proved utterly dysfunctional. Unverified accusations of sexual assault became weapons in a ruthless campaign of personal destruction, culminating in the melodramatic hearings in which Kavanaugh’s impassioned defense resuscitated a nomination that seemed beyond saving. The Supreme Court has become the arbiter of our nation’s most vexing and divisive disputes. With the stakes of each vacancy incalculably high, the incentive to destroy a nominee is nearly irresistible. The next time a nomination promises to change the balance of the Court, Hemingway and Severino warn, the confirmation fight will be even uglier than Kavanaugh’s. A good person might accept that nomination in the naïve belief that what happened to Kavanaugh won’t happen to him because he is a good person. But it can happen, it does happen, and it just happened. The question is whether America will let it happen again.

Being Consumed

Being Consumed PDF Author: William T. Cavanaugh
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802845614
Category : Business & Economics
Languages : en
Pages : 116

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Book Description
Should Christians be for or against the free market? For or against globalization? How are we to live in a world of scarcity? William Cavanaugh uses Christian resources to incisively address basic economic matters -- the free market, consumer culture, globalization, and scarcity -- arguing that we should not just accept these as givens but should instead change the terms of the debate.Among other things, Cavanaugh discusses how God, in the Eucharist, forms us to consume and be consumed rightly. Examining pathologies of desire in contemporary "free market" economies, Being Consumed puts forth a positive and inspiring vision of how the body of Christ can engage in economic alternatives. At every turn, Cavanaugh illustrates his theological analysis with concrete examples of Christian economic practices.

Litigation of Federal Civil Tax Controversies

Litigation of Federal Civil Tax Controversies PDF Author: Gerald A. Kafka
Publisher:
ISBN:
Category : Tax protests and appeals
Languages : en
Pages : 1194

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Book Description


Migrations of the Holy

Migrations of the Holy PDF Author: William T. Cavanaugh
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802866093
Category : Political Science
Languages : en
Pages : 207

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Book Description
Whether one thinks that religion continues to fade or has made a comeback in the contemporary world, there is a common notion that religion went away somewhere, at least in the West. But William Cavanaugh argues that religious fervor never left it has only migrated toward a new object of worship. In Migrations of the Holy he examines the disconcerting modern transfer of sacred devotion from the church to the nation-state. In these chapters Cavanaugh cautions readers to be wary of a rigid separation of religion and politics that boxes in the church and sends citizens instead to the state for hope, comfort, and salvation as they navigate the risks and pains of mortal life. When nationality becomes the primary source of identity and belonging, he warns, the state becomes the god and idol of its own religion, the language of nationalism becomes a liturgy, and devotees willingly sacrifice their lives to serve and defend their country. Cavanaugh urges Christians to resist this form of idolatry, to unthink the inevitability of the nation-state and its dreary party politics, to embrace radical forms of political pluralism that privilege local communities and to cling to an incarnational theology that weaves itself seamlessly and tangibly into all aspects of daily life and culture. William Cavanaugh continues to provide leadership and vision in the field of political theology. He addresses essential questions about the religious status of the nation-state, the political character of the church, and how the tradition of Christian political thought might be brought to bear upon contemporary politics. . . . Unfolds a theological response to present political conditions and a political response to our theological condition. Luke Bretherton King s College London Another vigorous but distinct voice in the burgeoning conversation about the role of religion generally and the church specifically in political life. . . . Worth a careful read. Robert Benne

Federal Securities Laws and Defense Contracting

Federal Securities Laws and Defense Contracting PDF Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Oversight and Investigations
Publisher:
ISBN:
Category : Corporations
Languages : en
Pages : 724

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Book Description


Cavanaugh in the Rough

Cavanaugh in the Rough PDF Author: Marie Ferrarella
Publisher: Harlequin
ISBN: 1488016267
Category : Fiction
Languages : en
Pages : 166

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Book Description
A crime-scene investigator and a gorgeous cop must track down a serial killer in this romantic suspense mystery by a USA Today–bestselling author. For Susannah Quinn, heartbreakingly handsome detective Christian Cavanaugh O’Bannon is trouble that she doesn’t need. Still, her CSI instincts tell her a serial killer’s on the loose, so she agrees to work this case with Chris through long days—and even hotter nights. But his reckless charm is allowing him perilously close to her darkest secrets. Going by the book has never been freewheeling Chris’s style, so an unofficial partnership with Susannah is just what he needs to stop a vicious murderer in his tracks. While he struggles to win the beautiful blonde’s trust, mutual desire puts them both in harm’s way . . .

How to Seduce a Cavanaugh

How to Seduce a Cavanaugh PDF Author: Marie Ferrarella
Publisher: Harlequin
ISBN: 1460384717
Category : Fiction
Languages : en
Pages : 148

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Book Description
USA TODAY bestselling author Marie Ferrarella returns with those sizzling, law-enforcing Cavanaughs! A lone wolf who'd prefer to work solo, Detective Kane Durant has been through six partners. His latest? A chatty, go-getter blonde he can't seem to intimidate with his killer stare-downs and deadly silence. But when they're assigned a case of home invasions in the ritzy section of town, he's impressed by Detective Kelly Cavanaugh's quick mind, her determination to catch the perp…and how badly he wants her. With one month to prove herself to her tall, tough and sexy new partner, Kelly works overtime to crack the case—and the hardened detective by her side. But when late nights on the job lead to passion, Kelly's heart is suddenly on the line, too.