Legislative Law and Statutory Interpretation: Cases and Materials
- ISBN-10
- 1422425959
- ISBN-13
- 9781422425954
- Category
- Law
- Language
- English
- Published
- 2008-07-01
- Publisher
- LexisNexis
- Authors
- Robert F. Williams, Otto J. Hetzel, Michael E. Libonati
Description
This heavily discounted, three-hole punched, alternative loose-leaf version of the hardbound book is printed on 8 x 11 inch paper with wider margins and with the same pagination as the hardbound book. 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 interpretatio
Get the book
Other editions
-
- 2008
- 729 pages
- Paperback
- LexisNexis Matthew Bender
Similar books
-
Property Law: Rules, Policies, and Practices
By Joseph William Singer, Bethany R. Berger, Nestor M. DavidsonSee also Country Community Timberlake Village v. HMW Special Utility District of Harris, 438 S.W.3d 661 (Tex. Ct. App. 2014) (holding that a neighboring ...
-
Entertainment Law and Business
By William D. Henslee, Elizabeth HensleeAfter Justin Timberlake exposed Janet Jackson's pierced nipple on national television for 9/16ths of a second, the FCC received over 540,000 complaints.
-
The Common Law in Colonial America: Volume III: The Chesapeake and New England, 1660-1750
By William E. NelsonVolume III: The Chesapeake and New England, 1660-1750 William E. Nelson ... Decision of Law, Surry County Ct. 1673/74, in Eliza Timberlake Davis ed., ...
-
The Indiana State Constitution
By William P. McLauchlanE. Edwards v. California, 314 U.S. 160 (1941), 66 Edwards v. Housing Authority of City of ... Timberlake, 148 Ind. 38,46 N.E.339 (1897), 69,70 Graves v.
-
Child Support Guidelines: Interpretation and Application
By Laura W. MorganFitzgerald, 4.08[B][2], 5.05[D] Fitzgerald v. ... Mastrapa-Font, 7.03[A][3] Fontaine, In re, 5.05[D] Fontenette v. ... Frost, 5.05[A] Formato v.
-
Maritime Fraud and Piracy
By Paul ToddThe sole remedy is avoidance, however; damages cannot be claimed under s. ... 17, it places a great deal of power in the hands of insurance companies to ...
-
Principles of the Carriage of Goods by Sea
By Paul ToddNormally, a mate«s receipt would later be given up for a bill of lading, ... they necessarily prejudice the rights of those who deal in the goods ...
-
Maryland Employment Law
By Stanley Mazaroff, Todd Horn27 257 U.S. 184, 42 S. Ct. 72, 66 L. Ed. 189 (1921). ... 38 Argensinger, “Right to Strike”: Labor Organization and the New Deal in Baltimore, 78 MD . HIST .
-
Contract Law in New Zealand
By Stephen Todd, Jeremy Finn704 Contract and Commercial Law Act 2017, s. 80. 705 Leith v. Gould [1986] 1 NZLR 760. It is not clear how a New Zealand court would deal with a case such ...
-
Tort Law in New Zealand
By Stephen Todd... to meet the reasonable expectations of claimants about how the corporation should deal with them, by, inter alia, ... 7 Treaty of Waitangi Act 1975, s.