MASTERING STATUTORY INTERPRETATION SECOND EDITION MASTERING SERIES

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Mastering Statutory Interpretation

Author : Linda D. Jellum
ISBN : 1611634563
Genre : Law
File Size : 48.62 MB
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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. The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning. This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.
Category: Law

Mastering Statutory Interpretation

Author : Linda D. Jellum
ISBN : STANFORD:36105134423685
Genre : Law
File Size : 87.58 MB
Format : PDF, Kindle
Download : 387
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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.
Category: Law

Modern Statutory Interpretation

Author : Linda D. Jellum
ISBN : 1594606757
Genre : Law
File Size : 58.25 MB
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This book is designed to teach statutory interpretation skills. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text. The book addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of "uniform statutes." Within each chapter, subjects are introduced with concise summaries of the core concepts. After the introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help focus the students' thoughts and understanding of the case before they come to class. Finally, problems are included to ensure that the students use the statutory interpretation skills they have just learned. Each problem lends itself to at least two arguments (often more) and allows for further inquiry into the concepts in the chapter. The second edition has been revised and updated to include more problems and a few new cases. Additionally, the legislative and administrative chapters have been substantially revised.
Category: Law

Legislation And Statutory Interpretation

Author : William N. Eskridge
ISBN : 1599410788
Genre : Law
File Size : 83.17 MB
Format : PDF
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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.
Category: Law

Statutory Default Rules

Author : Einer Elhauge
ISBN : 0674033671
Genre : Law
File Size : 41.95 MB
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Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.
Category: Law

Statutory Interpretation

Author : Caleb Nelson
ISBN : 1599417707
Genre : Law
File Size : 47.32 MB
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This book is designed for 3-, 4-, or 5-credit courses about the general discipline of statutory interpretation. With extensive notes and lightly edited cases drawn from a variety of substantive fields, the book aspires both (1) to familiarize students with interpretive techniques commonly used by lawyers and judges and (2) to help students think rigorously and systematically about those techniques. Topics covered include: the interplay between purpose and text the canons debates over the use of legislative history the background supplied by other statutes, judicial decisions, and the common lawChevron deference the preemption of state law by federal statutes
Category: Law

Domestic Violence

Author : D. Kelly Weisberg
ISBN : 9781454859963
Genre : Family & Relationships
File Size : 39.91 MB
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A Domestic Violence casebook featuring cases, statutes, notes, interdisciplinary materials, narratives, problems, and a particular sensitivity to the victim's perspective as well as issues of race, ethnicity, social class, and sexual orientation. Features: Reflects the social reality of intimate partner violence through human-interest narratives that complement the cases Integrates interdisciplinary perspectives, including excerpts, notes, and questions emanating from history, literature, psychology, sociology, social work, criminology, and medicine Blends analyses of current social science research to enhance student understanding Focuses on cutting-edge areas of law and often-ignored issues Covers the full range of types of abuse Presents a variety of problem exercises derived from actual cases and current events Easily adapts to shorter or longer courses
Category: Family & Relationships

Climate Change Law And Policy

Author : Hari Osofsky
ISBN : 9781454836025
Genre : Law
File Size : 85.55 MB
Format : PDF, Kindle
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Pioneers in an emergent field, the authors of Climate Change Law and Policy have created a modular and accessible text with extensive web resources. Designed for 2- and 3-credit courses, discussion, commentary, and exercises are integrated into every chapter. Tracing key legal developments, the scope of this landmark text spans international, United States, foreign, state and local, and nongovernmental efforts to address climate change. A concise text that takes a global view, Climate Change Law and Policy features: accessible and modular format that can adapt to a variety of teaching objectives timely coverage of key legal developments in climate change control around the world discussion of the role of non-nation-state actors in forming climate change policy, including cities, corporations, NGO's, and individuals draws from commentary of leading experts on each topic exercises in each chapter based on major law and policy issues extensive web resources, including updates and links
Category: Law

Mastering Administrative Law

Author : William R. Andersen
ISBN : STANFORD:36105134548911
Genre : Law
File Size : 26.30 MB
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Mastering Administrative Law is designed as a supplement to law school courses in Administrative Law or as an introduction to the subject for lawyers trained in other legal systems. The book explicitly and in plain language identifies the functions of the various principles of administrative law. It covers all the basic administrative law topics, including how the administrative process fits into our governmental structure, typical agency procedures (e.g., rulemaking, adjudication, investigation, etc.), important statutes affecting agencies (e.g., the freedom of information act), constitutional limits on legislatures and agencies and the limited but critical role of the courts in helping monitor the process. A number of classroom-tested graphics -- charts, tables, diagrams -- supplemented this text by identifying essential doctrinal components and illustrating important doctrinal relationships.
Category: Law