Thinking About Statutes
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Thinking About Statutes
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Author : Andrew Burrows
language : en
Publisher: Cambridge University Press
Release Date : 2018-08-02
Thinking About Statutes written by Andrew Burrows and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-02 with Law categories.
A practical and lively discussion of the English Law on statutes.
Statutory And Common Law Interpretation
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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press
Release Date : 2013
Statutory And Common Law Interpretation written by Kent Greenawalt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.
Judging Statutes
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Author : Robert A. Katzmann
language : en
Publisher: Oxford University Press
Release Date : 2014-08-14
Judging Statutes written by Robert A. Katzmann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-14 with Law categories.
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.
The Theory And Practice Of Statutory Interpretation
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Author : Frank B. Cross
language : en
Publisher: Stanford University Press
Release Date : 2008-11-19
The Theory And Practice Of Statutory Interpretation written by Frank B. Cross and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-19 with Law categories.
Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.
Dynamic Statutory Interpretation
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Author : William N. Eskridge
language : en
Publisher: Harvard University Press
Release Date : 1994
Dynamic Statutory Interpretation written by William N. Eskridge and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
On The Interpretation Of Statutes
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Author : Sir Peter Benson Maxwell
language : en
Publisher:
Release Date : 1875
On The Interpretation Of Statutes written by Sir Peter Benson Maxwell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1875 with Law categories.
Statutes In Court
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Author : William D. Popkin
language : en
Publisher: Duke University Press
Release Date : 1999
Statutes In Court written by William D. Popkin and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.
Statutory Interpretation
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Author : Douglas Walton
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-21
Statutory Interpretation written by Douglas Walton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-21 with Law categories.
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Legislation And Statutory Interpretation
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Author : William N. Eskridge (Jr.)
language : en
Publisher:
Release Date : 2006
Legislation And Statutory Interpretation written by William N. Eskridge (Jr.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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. It contains 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 Interpreation In Private Law
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Author : Prue Vines
language : en
Publisher:
Release Date : 2019-04-30
Statutory Interpreation In Private Law written by Prue Vines and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-30 with categories.