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 Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Statutory Construction and Interpretation written by and published by The Capitol Net Inc. This book was released on 2010-06-15 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the primary rules courts apply to discern a statute's meaning. However, each matter of interpretation before a court presents its own challenges, and there is no unified, systematic approach used in all cases. While schools of statutory interpretation may vary on what factors should be considered, all approaches start (if not necessarily end) with the language and structure of the statute itself. In analyzing a statute's text, courts are guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context.
Download or read book United States Code written by United States and published by . This book was released on 2001 with total page 1722 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Water Code written by Texas and published by . This book was released on 1972 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Some Reflections on the Reading of Statutes written by Felix Frankfurter and published by . This book was released on 1947 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dealing with Statutes written by James Willard Hurst and published by Columbia University Press. This book was released on 1982 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dynamic Statutory Interpretation written by William N. Eskridge and published by Harvard University Press. This book was released on 1994 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book California Style Manual written by Bernard Ernest Witkin and published by . This book was released on 1977 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislation and Statutory Interpretation written by William N. Eskridge (Jr.) and published by . This book was released on 2006 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book British Statutes in American Law 1776 1836 written by Elizabeth Gaspar Brown and published by William s Hein & Company. This book was released on 1964 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In consultation with William Wirt Blume. Foreword by Allen F. Smith. "A study of the extent & content of use of such statutes." Bibliographic Reference: Miller & Schwartz, Recommended Publications for Legal Research. "B" Rated 1984 93
Download or read book Document Drafting Handbook written by Gladys Q. Ramey and published by . This book was released on 1991 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book RICO State by State written by John E. Floyd and published by American Bar Association. This book was released on 1998 with total page 1020 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interpreting Law written by William N. Eskridge (Jr.) and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""Interpreting Law" is an accessible introduction to statutory and constitutional interpretation by the nation's leading legislation scholar. This concise treatise not only identifies the primary "canons" or precepts that guide interpretation, but demonstrates how they operate and interact, as a matter of both practice and evolving aspiration. Unlike earlier academic treatises, which rummage through a potpourri of often arcane Supreme Court decisions, Professor Eskridge's new book focuses on a statute prohibiting "vehicles" in Lafayette Park, across the street from the White House. Each chapter engages the law student and the experienced practitioner to consider the application of the statute and its statutory and institutional context to a wide and often delightful array of situations. As the preface by Justice John Paul Stevens suggests, the reader will emerge from this book with a deeply enriched understanding of-and excitement about-legal interpretation."
Download or read book Thinking about Statutes written by Andrew Burrows and published by Cambridge University Press. This book was released on 2018-08-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are in the age of statutes; and it is indisputable that statutes are swallowing up the common law. Yet the study of statutes as a coherent whole is rare. In these three lectures, given as the 2017 Hamlyn Lecture series, Professor Andrew Burrows takes on the challenge of thinking seriously and at a practical level about statutes in English law. In his characteristically lively and punchy style, he examines three central aspects which he labels interpretation, interaction and improvement. So how are statutes interpreted? Is statutory interpretation best understood as seeking to effect the intention of Parliament or is that an unhelpful fiction? Can the common law be developed by analogy to statutes? Do the judges have too much power in developing the common law and in interpreting statutes? How can our statutes be improved? These and many other questions are explored and answered in this accessible and thought-provoking analysis.
Download or read book Reading Law written by Antonin Scalia and published by West Publishing Company. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
