Judging Statutes

Judging Statutes
Author :
Publisher : Oxford University Press
Total Pages : 184
Release :
ISBN-10 : 9780199362141
ISBN-13 : 0199362149
Rating : 4/5 (41 Downloads)

Synopsis Judging Statutes by : Robert A. Katzmann

In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author :
Publisher : American Bar Association
Total Pages : 216
Release :
ISBN-10 : 1590318730
ISBN-13 : 9781590318737
Rating : 4/5 (30 Downloads)

Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

California Style Manual

California Style Manual
Author :
Publisher :
Total Pages : 244
Release :
ISBN-10 : UCAL:B4182317
ISBN-13 :
Rating : 4/5 (17 Downloads)

Synopsis California Style Manual by : Bernard Ernest Witkin

United States Code

United States Code
Author :
Publisher :
Total Pages : 1192
Release :
ISBN-10 : STANFORD:36105060854044
ISBN-13 :
Rating : 4/5 (44 Downloads)

Synopsis United States Code by : United States

Statutes in Court

Statutes in Court
Author :
Publisher : Duke University Press
Total Pages : 368
Release :
ISBN-10 : 0822323281
ISBN-13 : 9780822323280
Rating : 4/5 (81 Downloads)

Synopsis Statutes in Court by : William D. Popkin

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.

The Language of Statutes

The Language of Statutes
Author :
Publisher : University of Chicago Press
Total Pages : 300
Release :
ISBN-10 : 9780226767963
ISBN-13 : 0226767965
Rating : 4/5 (63 Downloads)

Synopsis The Language of Statutes by : Lawrence Solan

We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.

Federal Rules of Court

Federal Rules of Court
Author :
Publisher :
Total Pages :
Release :
ISBN-10 : 1663319006
ISBN-13 : 9781663319005
Rating : 4/5 (06 Downloads)

Synopsis Federal Rules of Court by :

Michigan Court Rules

Michigan Court Rules
Author :
Publisher :
Total Pages : 520
Release :
ISBN-10 : HARVARD:32044097503510
ISBN-13 :
Rating : 4/5 (10 Downloads)

Synopsis Michigan Court Rules by : Kelly Stephen Searl

A Common Law for the Age of Statutes

A Common Law for the Age of Statutes
Author :
Publisher : The Lawbook Exchange, Ltd.
Total Pages : 348
Release :
ISBN-10 : 9781584770404
ISBN-13 : 1584770406
Rating : 4/5 (04 Downloads)

Synopsis A Common Law for the Age of Statutes by : Guido Calabresi

Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977. "In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752. GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).

Statutes and statutory construction

Statutes and statutory construction
Author :
Publisher : Рипол Классик
Total Pages : 871
Release :
ISBN-10 : 9785876844613
ISBN-13 : 5876844616
Rating : 4/5 (13 Downloads)

Synopsis Statutes and statutory construction by : J.G. Sutherland

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