The Legislative Process, Statutory Interpretation, and Administrative Agencies

The Legislative Process, Statutory Interpretation, and Administrative Agencies
Title The Legislative Process, Statutory Interpretation, and Administrative Agencies PDF eBook
Author Linda D. Jellum
Publisher
Pages 0
Release 2016
Genre Law
ISBN 9781611638776

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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.

Reading Law

Reading Law
Title Reading Law PDF eBook
Author Antonin Scalia
Publisher West Publishing Company
Pages 0
Release 2012
Genre Judicial process
ISBN 9780314275554

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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.

Steps in the Process of Interpreting Statutes

Steps in the Process of Interpreting Statutes
Title Steps in the Process of Interpreting Statutes PDF eBook
Author Frederick Joseph De Sloovère
Publisher
Pages 32
Release 1932
Genre Interpretation and construction
ISBN

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Statutory Interpretation

Statutory Interpretation
Title Statutory Interpretation PDF eBook
Author Douglas Walton
Publisher Cambridge University Press
Pages 347
Release 2021-01-21
Genre Law
ISBN 1108429343

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Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.

Judging Statutes

Judging Statutes
Title Judging Statutes PDF eBook
Author Robert A. Katzmann
Publisher Oxford University Press
Pages 184
Release 2014-08-14
Genre Law
ISBN 0199362149

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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.

How Our Laws are Made

How Our Laws are Made
Title How Our Laws are Made PDF eBook
Author John V. Sullivan
Publisher
Pages 72
Release 2007
Genre Government publications
ISBN

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Model Rules of Professional Conduct

Model Rules of Professional Conduct
Title Model Rules of Professional Conduct PDF eBook
Author American Bar Association. House of Delegates
Publisher American Bar Association
Pages 216
Release 2007
Genre Law
ISBN 9781590318737

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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.