Author: Arthur Wilson
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 496
Book Description
The Supreme Court of Judicature Acts, 1873 and 1875
Author: Arthur Wilson
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 496
Book Description
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 496
Book Description
The Supreme Court of Judicature (Ireland) Act, 1877 ...
Author: Ireland
Publisher:
ISBN:
Category : Procedure (Law)
Languages : en
Pages : 530
Book Description
Publisher:
ISBN:
Category : Procedure (Law)
Languages : en
Pages : 530
Book Description
Judging Statutes
Author: Robert A. Katzmann
Publisher: Oxford University Press
ISBN: 0199362149
Category : Law
Languages : en
Pages : 184
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.
Publisher: Oxford University Press
ISBN: 0199362149
Category : Law
Languages : en
Pages : 184
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.
Equity and Law
Author: John C. P. Goldberg
Publisher: Cambridge University Press
ISBN: 1108421318
Category : Law
Languages : en
Pages : 483
Book Description
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Publisher: Cambridge University Press
ISBN: 1108421318
Category : Law
Languages : en
Pages : 483
Book Description
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
The Evolution of the Judicial Process
Author: James Chalmers McRuer
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 136
Book Description
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 136
Book Description
Supreme Myths
Author: Eric J. Segall
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 281
Book Description
This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 281
Book Description
This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
The Judicature Acts (Ireland), 1877 and 1878
Author: Ireland
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 1008
Book Description
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 1008
Book Description
The Hughes Court
Author: Michael E. Parrish
Publisher: Bloomsbury Publishing USA
ISBN: 1576077373
Category : Law
Languages : en
Pages : 358
Book Description
An in-depth analysis of the workings and legacy of the Supreme Court led by Charles Evans Hughes. Charles Evans Hughes, a man who, it was said, "looks like God and talks like God," became chief justice in 1930, a year when more than 1,000 banks closed their doors. Today the Hughes Court is often remembered as a conservative bulwark against Franklin Roosevelt's New Deal. But that view, according to author Michael Parrish, is not accurate. In an era when Nazi Germany passed the Nuremberg Laws and extinguished freedom in much of Western Europe, the Hughes Court put the stamp of constitutional approval on New Deal entitlements, required state and local governments to bring their laws into conformity with the federal Bill of Rights, and took the first steps toward developing a more uniform code of criminal justice.
Publisher: Bloomsbury Publishing USA
ISBN: 1576077373
Category : Law
Languages : en
Pages : 358
Book Description
An in-depth analysis of the workings and legacy of the Supreme Court led by Charles Evans Hughes. Charles Evans Hughes, a man who, it was said, "looks like God and talks like God," became chief justice in 1930, a year when more than 1,000 banks closed their doors. Today the Hughes Court is often remembered as a conservative bulwark against Franklin Roosevelt's New Deal. But that view, according to author Michael Parrish, is not accurate. In an era when Nazi Germany passed the Nuremberg Laws and extinguished freedom in much of Western Europe, the Hughes Court put the stamp of constitutional approval on New Deal entitlements, required state and local governments to bring their laws into conformity with the federal Bill of Rights, and took the first steps toward developing a more uniform code of criminal justice.
Asian Courts in Context
Author: Jiunn-rong Yeh
Publisher: Cambridge University Press
ISBN: 1107066085
Category : Law
Languages : en
Pages : 633
Book Description
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Publisher: Cambridge University Press
ISBN: 1107066085
Category : Law
Languages : en
Pages : 633
Book Description
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
The Fusion of Law and Equity
Author: Paul M. Perell
Publisher: Lexis Law Publishing (Va)
ISBN: 9780409896640
Category : Civil law
Languages : en
Pages : 148
Book Description
Publisher: Lexis Law Publishing (Va)
ISBN: 9780409896640
Category : Civil law
Languages : en
Pages : 148
Book Description