Statutory interpretation


Author: Donald James Gifford
Publisher: Lawbook Company
ISBN: N.A
Category: Law
Page: 210
View: 6302
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Examination of the general approaches to statutory interpretation, with a detailed focus on the rules developed by the courts. Leading authorities and representative cases relating to those rules are included. The author teaches law at rhe University of Queensland.

Statutory interpretation

problems of communication
Author: P. Jim Evans
Publisher: Oxford University Press, USA
ISBN: N.A
Category: Law
Page: 318
View: 730
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Surveying common problems in the application of statutes to particular cases, as well as the common law method of statutory interpretation, this introductory volume for students draws on cases from the U.S., New Zealand, Australia, and Britain to provide a comprehensive overview of the interpretation of statutes.

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: 9600
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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.

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: 1781
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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 and Practice of Statutory Interpretation


Author: Frank B. Cross
Publisher: Stanford University Press
ISBN: 9780804769815
Category: Law
Page: 248
View: 2253
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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.

Interpreting Statutes


Author: Stephen Bottomley
Publisher: Federation Press
ISBN: 9781862875562
Category: Law
Page: 330
View: 5620
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Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes.

Statutory Interpretation

Theory and Practice
Author: Randy N. Graham
Publisher: Kluwer
ISBN: 9781552390634
Category: Law
Page: 272
View: 8901
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Mastering Statutory Interpretation


Author: Linda D. Jellum
Publisher: N.A
ISBN: 9781611634563
Category: Law
Page: 396
View: 1927
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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.

Legislation and Statutory Interpretation


Author: William N. Eskridge,Philip P. Frickey,Elizabeth Garrett
Publisher: N.A
ISBN: 9781599410784
Category: Law
Page: 405
View: 1817
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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.

Legislative law and statutory interpretation

cases and materials
Author: Otto J. Hetzel,Michael E. Libonati,Robert Forrest Williams
Publisher: LexisNexis/Matthew Bender
ISBN: N.A
Category: Law
Page: 729
View: 2174
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Statutory interpretation

an introduction for students
Author: Christo J. Botha
Publisher: N.A
ISBN: N.A
Category: Law
Page: 185
View: 5260
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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: 7548
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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.

Statutory Interpretation


Author: Sir Rupert Cross,John Bell,Sir George Engle
Publisher: Lexis Pub
ISBN: 9780406049711
Category: Law
Page: 211
View: 8658
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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.

Guide to statutory interpretation


Author: Michael Sinclair
Publisher: Lexis Nexis Matthew Bender
ISBN: N.A
Category: Law
Page: 172
View: 4171
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Statutory Interpretation

An Introduction for Students
Author: N.A
Publisher: N.A
ISBN: N.A
Category: Law
Page: 191
View: 9344
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Statutory interpretation in Australia


Author: Dennis Charles Pearce
Publisher: N.A
ISBN: N.A
Category: Law
Page: 165
View: 7273
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Statutory Interpretation


Author: Ruth Sullivan
Publisher: N.A
ISBN: 9781552211380
Category: Law
Page: 347
View: 2379
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The book's primary focus is on the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the often confusing rules of interpretation, explains the way these rules relate to each other, and focuses on the strategic use of the rules in constructing arguments and justifying outcomes.

Examples & Explanations for Legislation, Statutory Interpretation, and Election Law


Author: Richard L. Hasen
Publisher: Wolters Kluwer Law & Business
ISBN: 1454850566
Category: Law
Page: 448
View: 9089
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A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures An up-to-date, user-friendly, and clear student-oriented treatise tackling the complex subjects in this field, including statutory interpretation, lobbying, bribery, campaign finance law, and voting rights. Suitable for use with courses in Legislation and Regulation, Statutory Interpretation, Election Law, Voting Rights, and Campaign Finance. Features an easy-to-follow correlation chart that matches the book's coverage to the leading casebooks. Written by one of the leading voices in the field of election law and legislation. No other statutory supplement is as comprehensive, up-to-date, and full of examples (and answers) to test student knowledge.

The Judiciary, Discrimination Law and Statutory Interpretation

Easy Cases Making Bad Law
Author: Michael Connolly
Publisher: Routledge
ISBN: 0429834799
Category: Law
Page: 261
View: 1193
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In 1856, the US Supreme Court denied Dred Scott, now free of slavery, his Constitutional rights, solely because he was black. According to the Court, when the Constitution was drafted, some 60 years earlier, its authors would not have intended that ‘a subordinate and inferior class of beings’ qualified as citizens of the United States. Thus, the meaning of language drafted over half a century before was frozen in time. This case, perhaps more than any other, demonstrates that the matter of statutory interpretation is critical, technical, and, sometimes, highly emotive. The case is not a mere nugget from history to indulge our disgust with values of another age, and with it a satisfaction of our progress to today’s higher moral ground. It is the unfortunate case that the senior courts of England continue to produce highly contentious interpretations of our equality and discrimination laws. This book examines these cases from the perspective of statutory interpretation, the judge’s primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved – using conventional methods of interpretation; this would have produced simpler, technically sound judgments. Rather like the case of Dred Scott, these were easy cases producing bad law.

Modern Statutory Interpretation

Problems, Theories, and Lawyering Strategies
Author: Linda D. Jellum,David Charles Hricik
Publisher: N.A
ISBN: N.A
Category: Law
Page: 438
View: 8180
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This casebook is designed to teach statutory interpretation as a lawyering process. 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 for meaning. The book then 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 core concepts. After that 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 before class the students thoughts and understanding of the case and the concepts it raises, including the broader implications. Finally, problems are included for key subjects to ensure that the students learn statutory interpretation skills. Each problem lends itself to at least two arguments (and usually more) and relies upon and requires further inquiry into the concepts in the chapter.