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The Theory and Practice of Statutory Interpretation

The Theory and Practice of Statutory Interpretation
Author: Frank B. Cross
Publisher: Stanford University Press
Total Pages: 248
Release: 2008-11-19
Genre: Law
ISBN: 0804769818

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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.


Statutes in Court

Statutes in Court
Author: William D. Popkin
Publisher: Duke University Press
Total Pages: 368
Release: 1999
Genre: Law
ISBN: 9780822323280

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A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.


Dynamic Statutory Interpretation

Dynamic Statutory Interpretation
Author: William N. Eskridge
Publisher: Harvard University Press
Total Pages: 460
Release: 1994
Genre: Law
ISBN: 9780674218789

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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.


The Theory, Practice and Interpretation of Customary International Law

The Theory, Practice and Interpretation of Customary International Law
Author: Panos Merkouris
Publisher: Cambridge University Press
Total Pages: 647
Release: 2022-05-26
Genre: Law
ISBN: 131651689X

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Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.


Statutory Interpretation

Statutory Interpretation
Author: Randy N. Graham
Publisher:
Total Pages: 272
Release: 2001
Genre: Law
ISBN: 9781552390634

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Modern Statutory Interpretation

Modern Statutory Interpretation
Author: Linda D. Jellum
Publisher:
Total Pages: 0
Release: 2009
Genre: Law
ISBN: 9781594606755

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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. An electronic Teacher's Manual is available. To request the file, please email crutan (at) cap-press (dot) com.


Statutes and statutory construction

Statutes and statutory construction
Author: J.G. Sutherland
Publisher: Рипол Классик
Total Pages: 871
Release: 1972
Genre: History
ISBN: 5876844616

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Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.


Legislation and Statutory Interpretation

Legislation and Statutory Interpretation
Author: William N. Eskridge (Jr.)
Publisher:
Total Pages: 436
Release: 2006
Genre: Law
ISBN:

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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. It contains 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.


Handbook on Statutory Interpretation

Handbook on Statutory Interpretation
Author: Stéphane Beaulac
Publisher:
Total Pages: 492
Release: 2008
Genre: Civil rights
ISBN: 9780433453383

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This book offers readers concise and user-friendly tools to help articulate the most powerful arguments to identify the legislative intent found in the statute. It provides: examples and illustrations from across Canada's federal and provincial jurisdictions; detailed analysis of the key judicial decisions and a table of cases that practitioners in particular will find extremely valuable, as well as a reproduction of both the Interpretation Act (Canada) and Interpretation Act (Quebec).


Public Law and Statutory Interpretation

Public Law and Statutory Interpretation
Author: Lisa Burton Crawford
Publisher:
Total Pages: 352
Release: 2018-01-31
Genre: Law
ISBN: 9781760021528

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This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government.More particularly, the book provides:an overview of the origins and key stages in the development of the Australian legal system;an explanation of the concepts and ideals that form the foundation of Australian public law;an introduction to the institutions, structures and powers of, and relationships between, the three branches of the Australian government; andan explanation of how, in light of key public law principles, legislation is interpreted by Australia's courts.This book will be useful to scholars and practitioners seeking to understand the foundational principles of Australian public law, or statutory interpretation. The four authors, all experienced researchers and teachers in public law, designed it to be a complete resource for introductory public law units, before students move on to more advanced subjects such as Constitutional and Administrative Law.The book adopts an engaging and approachable style with expository and analytical text, combined with carefully edited extracts of key cases and straightforward commentary on both foundational and advanced issues. It also includes:several in-depth case studies, which provide an opportunity to engage with pressing public law issues in a practical context;discussion questions, reflective exercises and other activities, to demonstrate the contemporary significance of the issues explored in the text.