Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Statutes at Large of the United States from written by United States and published by . This book was released on 1895 with total page 1500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Third Part of the Institutes of the Laws of England written by Sir Edward Coke and published by . This book was released on 1669 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Works written by Francis Bacon and published by . This book was released on 1850 with total page 892 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Philosophical works written by Francis Bacon and published by . This book was released on 1854 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The EU Maritime Safety Policy and International Law written by Henrik Ringbom and published by BRILL. This book was released on 2008-09-30 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventions is bound to create tensions with the related international conventions and with well-established principles of international law. This study assesses how the EU has acted as a flag State, port State and coastal State and measures the trends in this development against the international legal framework. More detailed legal analyses are offered for specific aspects of EU legislation that are considered to be particularly interesting from an international law point of view. The relationship between EU law and international law within the internal EU legal system is also analysed from the specific perspective of maritime safety law.
Download or read book A Law unto Itself written by Warren M. Billings and published by LSU Press. This book was released on 2001-01-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Louisiana's legal heritage has long been a source of fascination, curiosity, and sadly, misinformation. Outsiders have viewed the legal system as an anomaly and have shunned its study because of its perceived quirkiness. Moreover, past writings about the state's legal structure have focused on the minutiae of Louisiana's civil law origins, adding to an image of peculiarity. Consequently, Louisiana has been generally ignored in treatments of American or southern legal history. Recently, however, a new vision has emerged the New Louisiana Legal History. A product of an energetic cadre of writers, this rendering explores new methods and areas of research with the aim of integrating Louisiana into the mainstream of American legal history, southern history, and American history in general. The ten essays in this volume -- which address law in the state through the nineteenth century -- mark the coming of age of the New Louisiana Legal History. Grounded in novel research methodologies and underutilized manuscripts, this book links the distinctive history of Louisiana law to the wider contexts of southern and American history and offers an exciting new interpretation of the state's unique past.
Download or read book A Collection of the Reports of Cases the Statutes and Ecclesiastical Laws Relating to Tithes written by Francis King Eagle and published by . This book was released on 1826 with total page 866 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitutional Foundations of European Contract Law written by Kathleen Gutman and published by OUP Oxford. This book was released on 2014-12-18 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.
Download or read book Statutes of California written by California and published by . This book was released on 1913 with total page 1866 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law Review and Quarterly Journal of British and Foreign Jurisprudence written by and published by . This book was released on 1848 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law dictionary Explaining the Rise Progress and Present State of the British Law written by Thomas Edlyne Tomlins and published by . This book was released on 1820 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Works of Francis Bacon Law tracts Maxims of the law written by Francis Bacon and published by . This book was released on 1803 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Statutes of California and Digest of Measures written by California and published by . This book was released on 1911 with total page 2408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A New Law dictionary written by Giles Jacob and published by . This book was released on 1729 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Judicial Duty written by Philip HAMBURGER and published by Harvard University Press. This book was released on 2009-06-30 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
