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Author: Frank B. Cross Publisher: Stanford University Press ISBN: 0804769818 Category : Law Languages : en Pages : 248
Book Description
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.
Author: Frank B. Cross Publisher: Stanford University Press ISBN: 0804769818 Category : Law Languages : en Pages : 248
Book Description
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.
Author: William N. Eskridge Publisher: Harvard University Press ISBN: 9780674218789 Category : Law Languages : en Pages : 460
Book Description
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.
Author: William D. Popkin Publisher: Duke University Press ISBN: 9780822323280 Category : Law Languages : en Pages : 368
Book Description
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.
Author: William N. Eskridge (Jr.) Publisher: ISBN: Category : Law Languages : en Pages : 436
Book Description
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.
Author: Linda D. Jellum Publisher: ISBN: Category : Law Languages : en Pages : 332
Book Description
Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material.This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.
Author: Linda D. Jellum Publisher: ISBN: Category : Law Languages : en Pages : 464
Book Description
This book is designed to teach statutory interpretation skills. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text. The book addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of ''uniform statutes.'' Within each chapter, subjects are introduced with concise summaries of the core concepts. After the introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help focus the students' thoughts and understanding of the case before they come to class. Finally, problems are included to ensure that the students use the statutory interpretation skills they have just learned. Each problem lends itself to at least two arguments (often more) and allows for further inquiry into the concepts in the chapter. The second edition has been revised and updated to include more problems and a few new cases. Additionally, the legislative and administrative chapters have been substantially revised.
Author: Michael Sinclair Publisher: Vandeplas Pub. ISBN: 9781600422119 Category : Law Languages : en Pages : 207
Book Description
Statutes are now the predominant source of law in our society, the primary resource for legal decisions in all kinds and at all levels of legal practice. This book is about the process of making and justifying legal decisions based on the interpretation and application of statutes. It introduces and explains the methods of interpretation --the "traditional tools of statutory interpretation" as Justice Stevens called them -used -by legal professionals in interpreting and applying statutes. It covers techniques such as precedent, relation to context, canons of construction, and more contentiously, legislative history. The focus is on explanation and justification with the aim of conveying the sort of understanding that will enable the reader to analyze novel cases and evaluate unfamiliar arguments. About the author: Michael Sinclair, Professor Emeritus of New York Law School, is a native of New Zealand where he received his early education, a B.A. (Economics), B.A. Hon's. (First class in philosophy), and a Ph.D. in Philosophy, writing a dissertation on Ludwig Wittgenstein, "Language Games and Forms of Life." In 1974, with the aid of a Fulbright Fellowship, he followed a girl to the United States, where he studied logic and grammar for two years before going to law school. They are still married and have one daughter, a musician. He received a J.D. (magna cum laude, Order of the Coif) from the University of Michigan Law School in 1978 and after three years in practice began teaching in 1981. He taught and wrote in a variety of subjects -contracts, torts, commercial law, intellectual property, banking, jurisprudence, wills and trusts, administrative law, and statutory interpretation -before retiring in 2012. He and his wife Karen, an anthropologist, live in Northport, near the tip of Michigan's Leelanau Peninsula.
Author: Jeffrey Barnes Publisher: Cambridge University Press ISBN: 1108816029 Category : Law Languages : en Pages : 817
Book Description
Modern Statutory Interpretation is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. It provides a comprehensive coverage of statutory interpretation law, legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques.
Author: Kent Greenawalt Publisher: Oxford University Press ISBN: 0199756147 Category : Law Languages : en Pages : 402
Book Description
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.
Author: Frank B. Cross
Author: Frank B. Cross
Author: William N. Eskridge
Author: Randy N. Graham
Author: William D. Popkin
Author: William N. Eskridge (Jr.)
Author: Linda D. Jellum
Author: Linda D. Jellum
Author: Michael Sinclair
Author: Jeffrey Barnes
Author: Kent Greenawalt