Legislation And Statutory Interpretation

Author: William N. Eskridge
Publisher:
ISBN: 9781599410784
Size: 34.90 MB
Format: PDF, ePub, Mobi
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Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. You'll find in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.

Statutory Interpretation

Author: Caleb Nelson
Publisher: Foundation Press
ISBN: 9781599417707
Size: 46.59 MB
Format: PDF, ePub, Docs
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This book is designed for 3-, 4-, or 5-credit courses about the general discipline of statutory interpretation. With extensive notes and lightly edited cases drawn from a variety of substantive fields, the book aspires both (1) to familiarize students with interpretive techniques commonly used by lawyers and judges and (2) to help students think rigorously and systematically about those techniques. Topics covered include: the interplay between purpose and text the canons debates over the use of legislative history the background supplied by other statutes, judicial decisions, and the common lawChevron deference the preemption of state law by federal statutes

Cases And Materials On Statutory Interpretation

Author: William N. Eskridge (Jr.)
Publisher: West Academic Publishing
ISBN: 9780314278180
Size: 40.55 MB
Format: PDF, Mobi
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Drawn from and updating the materials in the authors' landmark casebook on Legislation, this new casebook is a comprehensive and highly teachable introduction to Statutory Interpretation. Reflecting new scholarship as well as recent federal and state cases, the editors have included and updated the many teachable statutory interpretation cases found in the longer legislation casebook. This shorter casebook is perfect for upper-level legislation courses that focus on statutory interpretation and for first-year regulatory state courses that spend a significant time on statutory interpretation.

Understanding Bankruptcy

Author: Jeff Ferriell
Publisher: LexisNexis
ISBN: 0327182865
Size: 36.79 MB
Format: PDF, Docs
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This book provides a detailed introduction to bankruptcy and related state and federal debtor-creditor law. It is equally useful in an introductory Creditors' Rights course that emphasizes bankruptcy; a free-standing Bankruptcy course; or an advanced course in Chapter 11 Reorganization. It provides an ample explanation of the issues likely to arise in any of these courses, specifically including issues raised by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. It is also a useful and inexpensive single-volume guide for new and experienced bankruptcy practitioners. This eBook features links to Lexis Advance for further legal research options.

Legislative Law And Process In A Nutshell

Author: Jack Davies
Publisher: West Academic
ISBN: 9780314167514
Size: 24.25 MB
Format: PDF, ePub, Mobi
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This book -- authored by a longtime legislator, law professor, appellate judge and volunteer lobbyist -- provides a pragmatic view of how state legislatures operate. It gives a behind-the-scenes look at the fascinating and little understood intellectual journey that is the legislative process. This book helps its readers understand how hard thought and hard work turn first-draft legislative ideas into effective laws. It describes the process used by all legislative institutions to refine bills, and examines the tactics of advocates that speed or impede legislation. The dynamic life of legislative law after enactment is detailed, including how agencies, local governments and businesses use statutes and how citizens, lawyers and courts adjust legislative words to fit life's realities. The third edition of this popular book retains the practical insights of the previous editions and adds descriptions of the profound impact the Internet and cell phones have had on the daily work of the

Legislation

Author: Kent Greenawalt
Publisher:
ISBN:
Size: 13.48 MB
Format: PDF, Mobi
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This book gives an overview of the field of statutory interpretation for the law student. It examines the subject through questions that help show how Legislation is crafted. Part of the University Casebook Series, it features expertly edited cases, text and questions for classroom discussion.

The Nature Of Legislative Intent

Author: Richard Ekins
Publisher: OUP Oxford
ISBN: 019164594X
Size: 70.61 MB
Format: PDF, Kindle
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Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.

Legislation Statutory Interpretation And Election Law Examples Explanations

Author: Hasen
Publisher: Wolters Kluwer Law and Business
ISBN: 9781454845416
Size: 41.42 MB
Format: PDF
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A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple languagechallenges your understanding with hypotheticals similar to those presented in classprovides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysisquickly gets to the point in conversational style laced with humorremains a favorite among law school studentsis often recommended by professors who encourage the use of study guidesworks with ALL the major casebooks, suits any class on a given topicprovides an alternative perspective to help you understand your casebook and in-class lectures An up-to-date, user-friendly, and clear student-oriented treatise tackling the complex subjects in this field, including statutory interpretation, lobbying, bribery, campaign finance law, and voting rights. Suitable for use with courses in Legislation and Regulation, Statutory Interpretation, Election Law, Voting Rights, and Campaign Finance. Features an easy-to-follow correlation chart that matches the book's coverage to the leading casebooks. Written by one of the leading voices in the field of election law and legislation. No other statutory supplement is as comprehensive, up-to-date, and full of examples (and answers) to test student knowledge.

A Matter Of Interpretation Federal Courts And The Law

Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 1400882958
Size: 11.38 MB
Format: PDF, Kindle
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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.