Dynamic Statutory Interpretation
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Dynamic Statutory Interpretation
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Author : William N. Eskridge
language : en
Publisher: Harvard University Press
Release Date : 1994
Dynamic Statutory Interpretation written by William N. Eskridge and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
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 judge-centered 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.
Dynamic Statutory Interpretation
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Author : William N. Eskridge
language : en
Publisher:
Release Date : 2023-08-10
Dynamic Statutory Interpretation written by William N. Eskridge and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-10 with categories.
The Injustice Of Dynamic Statutory Interpretation
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Author : Anthony D'Amato
language : en
Publisher:
Release Date : 2010
The Injustice Of Dynamic Statutory Interpretation written by Anthony D'Amato and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
How can we possibly plan our lives on the basis of the law of tomorrow when we can't predict what that law will be? Are courts that are attracted to dynamic statutory interpretation teaching us that we can no longer know and rely on the rule of law in our daily lives because months or years later they can use policy considerations to make new law and apply that law retroactively to us? Doesn't dynamic statutory interpretation amount to unconstitutional ex post facto legislation? Hasn't justice become impossible to get from courts if judges insist on upsetting both sides' expectations of what law was when their case or controversy arose, and instead pull the rug out from under their feet with new law based on the judges' own idea of general social and governmental policy? Isn't this just a case of judges appropriating the rights of the parties, without compensation, in order to announce new social legislation? Isn't this the very definition of injustice?
Mastering Statutory Interpretation
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Author : Linda D. Jellum
language : en
Publisher:
Release Date : 2008
Mastering Statutory Interpretation written by Linda D. Jellum and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
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.
Statutes And Statutory Construction
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Author : Norman J. Singer
language : en
Publisher:
Release Date : 2008
Statutes And Statutory Construction written by Norman J. Singer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
A Dictionary Of Statutory Interpretation
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Author : William D. Popkin
language : en
Publisher:
Release Date : 2007
A Dictionary Of Statutory Interpretation written by William D. Popkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Statutory interpretation has become the most commonly-required skill of the modern lawyer. A Dictionary of Statutory Interpretation provides a ready reference to the important terms and ideas that arise in connection with determining the meaning of legislation. Chapter 1 includes over 100 entries, including the following: ambiguity the absurdity canon linguistic and substantive canons legislative intent legislative purpose legislative history textualism Legal Realism Law and Economics Each entry includes a definition, an explanation of the relevance of the term and ideas for statutory interpretation, some history about its use, and a concise discussion of contemporary issues. The author expresses his point of view in the discussion of these issues - which is generally skeptical about textualism - but presents all sides of the debate. A "reference" section allows for further research on each subject. Chapter 2 includes over 35 famous quotations dealing with the interpretation of statutes, along with historical and critical commentary. The entries include Learned Hand, Holmes, Calabresi, Posner, Easterbrook, Pound, Blackstone, etc. The book will be useful for lawyers, judges, law professors, and law students who want an entry into the contemporary debate about how to interpret legislation, along with an insight into what is at stake in those debates. "...filled with usefully extended treatments of important and interesting legal terms." -- The Green Bag "This book will be a useful tool for readers or libraries needing a good single-volume guide to statutory interpretation. Summing up: Highly recommended." -- CHOICE "Librarians and researchers . . . should consider A Dictionary of Statutory Interpretation an essential reference work (for a very affordable price). . . . [It] will likely become a go-to resource when quick but in-depth analysis of a statutory interpretation question is sought." -- Legal Information Alert, (Volume 26, Issue #9), Alert Publications, Inc., Chicago, IL. www.alertpub.com
Legislative Law And Statutory Interpretation
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Author : Otto J. Hetzel
language : en
Publisher: LexisNexis
Release Date : 2001
Legislative Law And Statutory Interpretation written by Otto J. Hetzel and has been published by LexisNexis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Political Science categories.
The Canterbury Law Review
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Author :
language : en
Publisher:
Release Date : 2003
The Canterbury Law Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Electronic journals categories.
Bad Advice
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Author : Harold H. Bruff
language : en
Publisher:
Release Date : 2009
Bad Advice written by Harold H. Bruff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
A scathing critique of President Bush's legal advisors, who expanded the reach of his executive powers while creating highly controversial policies for fighting the War on Terror. Argues that these advisors, blinded by ideology, provided largely bad legal advice that caused great harm, and ultimately was unnecessary for national security.
William And Mary Environmental Law And Policy Review
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Author :
language : en
Publisher:
Release Date : 2007
William And Mary Environmental Law And Policy Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Environmental law categories.