Legislative Law and Statutory Interpretation: Cases and Materials
- ISBN-10
- 1422407454
- ISBN-13
- 9781422407455
- Category
- Political Science / History & Theory
- Pages
- 729
- Language
- English
- Published
- 2008
- Publisher
- LexisNexis Matthew Bender
- Authors
- Robert Forrest Williams, Otto J. Hetzel, Michael E. Libonati
Description
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
Get the book
Other editions
-
- 2008-07-01
- - pages
- Paperback
- LexisNexis
Similar books
-
Legislation and Statutory Interpretation
By William N. Eskridge, Philip P. Frickey, Elizabeth GarrettSuitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. You'll find in-depth discussion of...
-
Dynamic Statutory Interpretation
By William N. Eskridgeto eliminate racial imbalances in Kaiser's almost all - white craft work force . The plan established programs to train unskilled production workers to be craft workers , with about 50 percent of the places in the programs reserved for ...
-
Statutory and Common Law Interpretation
By Kent GreenawaltThe book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent.
-
LEGISLATIVE LAW AND STATUTORY INTERPRETATION: Cases and Materials
By Otto J. HetzelThis is the 2019 paperback printing of the casebook published in 2008.
-
Statutes and statutory construction
By J.G. SutherlandIncluding a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
-
The Language of Statutes: Laws and Their Interpretation
By Lawrence M. SolanPulling the rug out from debates about interpretation, The Language of Statutes joins together learning from law, linguistics, and cognitive science to illuminate the fundamental issues and problems in this highly contested area.
-
Statutes in Court: The History and Theory of Statutory Interpretation
By William D. Popkin157 William N. Eskridge Jr. and Philip Frickey , “ Commentary : The Making of The Legal Process , " 107 Harv . L. Rev. 2031 , 2033-45 ( 1994 ) ( hereafter Eskridge and Frickey , “ Commentary ” ) . 158 Henry M. Hart Jr. and Albert M.
-
Statutory Interpretation
By Ruth SullivanIt is impossible to do anything in law without interpreting the words of others and anticipating how others will interpret or misinterpret one's own words. "Statutory Interpretation," by Ruth Sullivan,...
-
The Theory and Practice of Statutory Interpretation
By Frank B. CrossThe 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.
-
An Introduction to Statutory Interpretation and the Legislative Process
By Eric Lane, Abner J. MikvaIn 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 ...