Statutes in Court

The History and Theory of Statutory Interpretation

Author: William D. Popkin

Publisher: Duke University Press

ISBN: 9780822323280

Category: Law

Page: 340

View: 5030

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Popkin provides a survey of the history of American statutory interpretation and then offers his own theory of "ordinary judging" that defines the proper scope of judicial discretion."--BOOK JACKET.
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The Theory and Practice of Statutory Interpretation

Author: Frank B. Cross

Publisher: Stanford University Press

ISBN: 9780804769815

Category: Law

Page: 248

View: 8744

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Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The 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. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.
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Legislation and Statutory Interpretation

Author: William N. Eskridge,Philip P. Frickey,Elizabeth Garrett

Publisher: N.A

ISBN: 9781599410784

Category: Law

Page: 405

View: 7482

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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. You'll find 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.
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Statutory Construction and Interpretation

Statutory Structure and Legislative Drafting Conventions; Drafting Federal Grants Statutes; and Tracking Current Federal Legislation and Regulations

Author: N.A

Publisher: The Capitol Net Inc

ISBN: 1587332132

Category: Law

Page: 318

View: 5426

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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.
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Dynamic Statutory Interpretation

Author: William N. Eskridge,William N. Eskridge, Jr.,John a Garver Professor of Jurisprudence William N Eskridge

Publisher: Harvard University Press

ISBN: 9780674218789

Category: Law

Page: 438

View: 707

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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.
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Mastering Statutory Interpretation

Author: Linda D. Jellum

Publisher: N.A

ISBN: N.A

Category: Law

Page: 302

View: 4866

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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.This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.
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Statutory Interpretation

Author: Sir Rupert Cross,John Bell,Sir George Engle

Publisher: Lexis Pub

ISBN: 9780406049711

Category: Law

Page: 211

View: 3481

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"Cross: Statutory Interpretation" is a concise, systematic introduction to the general principles of statutory interpretation. This new edition provides a comprehensive analysis of the contemporary approach of English courts to the interpretation of statutes. The latest case law developments are incorporated, most importantly Pepper v Hart which has necessitated extensive changes throughout the text. This edition explores the increasing importance of developments in European law, both in EC law and its implementation in domestic law and the impact of the European Convention on Human Rights. The text also incorporates analysis of the latest significant jurisprudential literature, as well as a review of statutory drafting which contrasts the drafting of EC legislation with that of domestic law.
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