Download or read book The Legislative Process Statutory Interpretation and Administrative Agencies written by Linda D. Jellum and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook is designed for a class on legislation, statutory interpretation, and regulation. It uses a combination of highly edited cases and problems to help students explore the practice of these three areas of law, with a strong emphasis on statutory interpretation. The book begins by introducing the legislative process, moves to explore in detail statutory interpretation, and ends with an introduction to the administrative state. After reading this text, students should understand how statutes are enacted and interpreted, the role that agencies play both in regulating and in interpreting statutes, and the breadth of arguments that are available to lawyers that master this topic.
Download or read book The Legislative Process Statutory Interpretation and Administrative Agencies Paperback written by Linda Jellum and published by . This book was released on 2016 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the 2020 paperback printing of the casebook originally published in 2016. This casebook is designed for a class on legislation, statutory interpretation, and regulation. It uses a combination of highly edited cases and problems to help students explore the practice of these three areas of law, with a strong emphasis on statutory interpretation. The book begins by introducing the legislative process, moves to explore in detail statutory interpretation, and ends with an introduction to the administrative state. After reading this text, students should understand how statutes are enacted and interpreted, the role that agencies play both in regulating and in interpreting statutes, and the breadth of arguments that are available to lawyers that master this topic.
Download or read book The Regulatory State written by Lisa Schultz Bressman and published by Aspen Publishing. This book was released on 2023-09-14 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished by a practical focus on how federal administrative agencies make decisions and how political institutions influence and courts review those decisions, with coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation. Uses primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible. Presents legislation with attention to modern developments in the legislative process. Presents statutory interpretation in useful terms, highlighting the “tools” that courts employ as well as the theories that judges and scholars have offered. New to the 4th Edition: Significant New Supreme Court decisions, with detailed Notes, on: textual statutory interpretation (Bostock v. Clayton County) the Major Questions Doctrine (West Virginia v. EPA) and the shifting Chevron framework arbitrary and capricious review (FCC v. Prometheus Radio Project) New Presidential and OIRA documents reshaping regulatory review, including: Executive Order on Modernizing Regulatory Review (Exec. Order 14094) Draft Revisions to Circular A-4 on Regulatory Analysis Updated coverage on scientific analysis in agency decision making New treatment of distributional analysis and consideration of equity in agency decision making Benefits for instructors and students: Tools-based approach that highlights the methods of analysis that agencies, courts, and lawyers utilize Use of an accessible central example as a familiar entry point into a complex legal area Primary source materials—agency documents, including notice-and-comment rules, adjudicatory orders, agency guidance, and more Empirical data, normative/theoretical questions, practical examples
Download or read book Cases and Materials on the Administrative legislative Process written by Maurice S. Culp and published by . This book was released on 1957 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Statutory Interpretation and the Uses of Legislative History written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice and published by . This book was released on 1990 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mastering Legislation Regulation and Statutory Interpretation written by Linda D. Jellum and published by . This book was released on 2019-12-27 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislative Law and Statutory Interpretation written by Otto J. Hetzel and published by LexisNexis. This book was released on 2008 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the premise that the study of legislation requires more than simply an inquiry into the courts' efforts at legislative interpretation, this casebook employs a variety of approaches to convey the legislature's role in shaping the law, including political science materials, case studies, and appellate cases. Statutory interpretation is the central element of a course on Legislation and each chapter incorporates the basics of interpretation to clarify how each topic fits in with the course as a whole. The authors first introduce students to legislation as the primary vehicle for making the law, before discussing the interaction of legislation and common law. They then address the structure of operation of the legislature as an institution of government to provide a foundation for approaches to interpretation stressing legislative purpose and legislative history. Discussion of the variety of legislative process restrictions applicable to legislative lawmaking introduces students to the anatomy of a statute and the formal and procedural constraints imposed by federal and state constitutions on the lawmaking process. With regard to statutory interpretation, a new way of organizing text- based arguments beyond plain-meaning interpretation precedes intent-based approaches to interpretation, in turn followed by canon-based arguments demonstrating the weaknesses inherent in their use. Legislative Law and Statutory Interpretation then covers five broad areas generally organized to reflect questions of institutional (judicial or legislative) competence, including materials on clear statement requirements, retroactivity, severability, deference to administrative agency decisionmaking, and overruling of statutory precedents, and interpretation of state statutes by federal courts and vice versa. This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 x 11 inch paper with wider mar
Download or read book Statutory Interpretation written by Ronald Benton Brown and published by . This book was released on 2002 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book LEGISLATIVE LAW AND STATUTORY INTERPRETATION written by OTTO J. HETZEL and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislation and the Regulatory State written by Samuel Estreicher and published by . This book was released on 2022-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estreicher & Noll's Legislation and the Regulatory State provides an accessible, up-to-date introduction to the institutions and procedures of the modern regulatory state. Designed to emphasize regulatory policymaking and the practical aspects of administrative lawyering, the casebook explores Congress's reasons for regulating and the choices it makes when enacting legislation, the legislative process and tools of statutory interpretation, administrative agencies' position within the Constitution's system of separated powers, the Administrative Procedure Act, and judicial review of agency action. The third edition covers all major developments in administrative law and statutory interpretation since 2017. It includes the Supreme Court's decision in Bostock v. Clayton County, covers recent developments in appointments and removal jurisprudence, and explores changes in the law of congressional oversight and judicial review of administrative action during the Trump administration. The documentary supplement for the second edition remains current for the third edition.
Download or read book Statutes Regulation and Interpretation 2017 Supplement written by William Eskridge and published by West Academic Publishing. This book was released on 2017-08-23 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislative Law and Process written by Otto J. Hetzel and published by Michie. This book was released on 1993 with total page 1440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Second Edition blends recent developments with the basic, foundational materials the authors view as crucial to an understanding of the legislative process & the interpretation of statutes. The book retains the basic structure of the first edition, but has been reorganized & expanded to take account of the developments of the 1980?s, as well as to provide more focus on issues common to state statutes. This coursebook contains several approaches that have been found useful in conveying the legislature?s role in shaping the law. The use of political science materials & also of case studies is not necessarily novel. Those trained in law have learned to use appellate cases effectively for teaching certain kinds of legal analysis. Unfortunately, vehicles of equivalent utility have not yet been fully developed to teach the legislative process. This book contains some materials that are in an evolutionary stage of development, & these materials are intended as a contribution towards efforts to develop such instruments.
Download or read book Administrative Procedure Act written by and published by . This book was released on 1946 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Introduction to Statutory Interpretation and the Legislative Process written by Abner J. Mikva and published by Aspen Publishers. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Mikva and Lane address: The Interpretation of Statutes - By reading interpretive cases, the authors demonstrate that statutory interpretation is not simply the search for legislative meaning or intent, but also the exercise of power by a separate branch of government. Organized around two types of cases, those where the statutory language is clear and where it is unclear, this chapter delves into judicial approaches to statutory interpretation and the tools employed for that purpose, as well as criticism of such approaches. The Legislative Process - Addresses the environment in which the consideration of legislation takes place and the dynamics of the enactment process. The Enactment of a Statute - Follows a particular bill through the window of the Congressional Record. This illustrates the details and language of the legislative process. The Anatomy of a Statute - A dissection of the structure, form, and generic provisions. The Publication of Statutes - Offers insights.--From publisher's description.
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 256 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 Gellhorn and Byse s Administrative Law written by Peter L. Strauss and published by . This book was released on 2003 with total page 1530 pages. Available in PDF, EPUB and Kindle. Book excerpt: After defining the constitutional framework for administration, the casebook discusses related topics such as downsizing government, regulators' thirst for information and the Paperwork Reduction Act, Fourth and Fifth Amendment concerns, Freedom of Information Act, and the future of the administrative state. Author forum available at twen.com. A premium Teacher's Manual is available upon request for professors adopting this casebook.
Download or read book Mastering Statutory Interpretation written by Linda D. Jellum and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning.
