Author: Peter L. Strauss
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 952
Get Book Here
Book Description
How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush -- that legal education should start with orientation to the materials lawyers use and the institutions they deal with.In general, Legal Methods provides an introduction to the processes and the skills necessary in the professional use of case law and legislation, and to the development of American legal institutions. The casebook starts with materials from the first decades of American history, with relatively simple common law litigation, statutes and institutions, and with a country having to fashion its law for itself, largely through its courts. As the country industrializes, judicial styles change, statutes and their interpretation become more and more important, administrative agencies emerge. The materials largely explore the developing law on the related questions of product liability and
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.
Author: Columbia University
Publisher:
ISBN:
Category :
Languages : en
Pages : 634
Get Book Here
Book Description
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 880
Get Book Here
Book Description
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 800
Get Book Here
Book Description
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1394
Get Book Here
Book Description
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1224
Get Book Here
Book Description
Statutes at Large is the official annual compilation of public and private laws printed by the GPO. Laws are arranged by order of passage.
Author: Columbia University
Publisher:
ISBN:
Category :
Languages : en
Pages : 76
Get Book Here
Book Description
Author: Joseph Sabin
Publisher:
ISBN:
Category : America
Languages : en
Pages : 590
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 880
Get Book Here
Book Description
