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Author: Bishop
Publisher:
ISBN:
Category :
Languages : en
Pages : 372
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Book Description
Author: Bishop
Publisher:
ISBN:
Category :
Languages : en
Pages : 372
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Book Description
Author: Joel Prentiss Bishop
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 374
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Book Description
Author: Joseph Story
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 790
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Book Description
Author: Gustav Adolf Endlich
Publisher: The Lawbook Exchange, Ltd.
ISBN: 158477598X
Category : Judicial process
Languages : en
Pages : 942
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Book Description
Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 0691174040
Category : Law
Languages : en
Pages : 197
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Book Description
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Author: Gustav Adolf Endlich
Publisher: Jersey City, N.J. : F.D. Linn & Company
ISBN:
Category : Law
Languages : en
Pages : 954
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Author: Gary L. McDowell
Publisher: Cambridge University Press
ISBN: 0521192897
Category : Law
Languages : en
Pages : 429
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Book Description
Argues that the Founders intended the Constitution to be interpreted according to the text's meaning and its framers' original intentions.
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: Reed
Publisher:
ISBN:
Category :
Languages : en
Pages : 822
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Author: William Blackstone
Publisher:
ISBN:
Category :
Languages : en
Pages : 443
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Book Description
